The Answer is Yes. These are contained in Parts 1 and 2 to Schedule 1 of the CDDA 1986.

Under Part 1 the court can take in to account the following matters when deciding if a director’s conduct constitutes unfitness:

  • Any misfeasance or breach of any fiduciary or other duty by the director in relation to the company, including in particular any breach by the director of a duty under Chapter 2 of Part 10 of the Companies Act 2006 (general duties of directors) owed to the company.
  • Any misapplication or retention by the director of, or any conduct by, the director giving rise to an obligation to account for, any money or other property of the company.
  • The extent of the director’s responsibility for the company entering into any transaction liable to be set aside Part XVI of the Insolvency Act 1986 (provisions against debt avoidance).
  • The extent of the director’s responsibility for any failure by the company to comply with any of the following provisions of the Companies Act 2006:
  • Section 113 (keeping a register of members);
  • Section 114 (making the register to be kept available for inspection);
  • Section 162 (keeping a register of directors);
  • Section 165 (keeping a register of directors’ residential addresses)
  • Section 167 (the duty to notify registrar of changes of directors);
  • Section 275 (keeping a register of secretaries);
  • Section 276 (the duty to notify registrar of changes of secretaries);
  • Section 386 (the duty to keep accounting records);
  • Section 388 (knowing where and for how long accounting records to be kept);
  • Section 854 (the duty to make annual returns);
  • Section 860 (the duty to register charges);
  • Section 878 (the duty to register charges; companies registered in Scotland).
  • The extent of the director’s responsibility for any failure by the directors of the company to comply with the following provisions of the Companies Act 2006:Section 394 or 399 (the duty to prepare annual accounts):
  • Section 414 or 450 (the approval and signature of abbreviated accounts); or
  • Section 433 (the name of signatory to be stated in published copy of accounts).

Under Part II , which applies only to disqualification claims under section 6 of the CDDA 1986 where the company has been placed into insolvency, the court can take in to account the following matter when deciding if a director’s conduct constitutes unfitness:

  • The extent of the director’s responsibility for the causes of the company becoming insolvent.
  • The extent of the director’s responsibility for any failure by the company to supply any goods or services which have been paid for (in whole or in part)

The extent of the director’s responsibility for the company entering into any transaction or giving any preference, being a transaction or preference:

  • liable to be set aside under S.127 or SS.237 to 240 of the Insolvency Act 1986; or
  • challengeable under S.242 or S.243 of that Act or under any rule of law in Scotland.

The extent of the director’s responsibility for any failure by the directors of the company to comply with S.98 of the Insolvency Act 1986 (the duty to call creditors’ meeting in creditors’ voluntary winding up).

Any failure by the director to comply with any obligations imposed on him by or under any of the following provisions of the Insolvency Act 1986:

  • Paragraph 47 of Schedule B1 (company’s statement of affairs in administration);
  • S.47 (statement of affairs to administrative receiver);
  • S.66 (statement of affairs in Scottish receivership);
  • S.99 (directors’ duty to attend meeting; statement of affairs in creditors’ voluntary winding- up;
  • S.131 (statement of affairs in winding up by the court);
  • S.234 (duty of anyone with company property to deliver it up);S.235 (duty to cooperate with liquidator, etc)
  • S.235 (duty to cooperate with liquidator, etc).

 

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