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[E]: Restriction of Directors

The Law of Companies

Author:
Thomas B Courtney
Publisher:
Bloomsbury Professional
Edition:
Fourth edition
Law Stated At:
30 September 2016
Chapter 29: Company Law Compliance and Enforcement Transitional provisions The purpose of restriction orders The mandatory nature of restriction orders The consequences of a restriction order The company must be insolvent before a restriction order can be made Persons liable to be restricted The duties of liquidators of insolvent companies and the Director’s role The locus standi to bring application for a declaration of restriction Procedural aspects of restriction applications The costs of the application for a restriction order The burden of proof Section 819(2)(a): the requirement to have acted ‘honestly and responsibly’ Section 819(2)(b): the requirement to show cooperation with the liquidator Section 819(2)(c): the requirement to show it is not just and equitable to make the order The defence of delay and estoppel Post-order relief on just and equitable grounds Restriction undertakings The enforcement of restriction orders ...

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