A T O home
Legal Database
Search   
for 
 
Access the database 
Browse database
Searches  
View last document
Quick access 
View legislation
View a document
Email Cross Reference Material Previous/Next Section Contents Previous/Next Result
Printable version
Printable
version

CORPORATIONS ACT 2001

CHAPTER 2D - OFFICERS AND EMPLOYEES  

PART 2D.6 - DISQUALIFICATION FROM MANAGING CORPORATIONS  

SECTION 206EAA  COURT POWER OF DISQUALIFICATION - DISQUALIFICATION UNDER A LAW OF A FOREIGN JURISDICTION  

 View history reference

206EAA(1)  [Conditions for disqualification]  


On application by ASIC, the Court may disqualify a person from managing corporations for the period that the Court considers appropriate if:


(a) the person is disqualified under the law of a foreign jurisdiction from:


(i) being a director of, or being concerned in the management of, a foreign company; or

(ii) carrying on activities that the Court is satisfied are substantially similar to being a director of, or being concerned in the management of, a foreign company; and


(b) the Court is satisfied that the disqualification under this subsection is justified.

206EAA(2)  [Period of disqualification]  


In determining what is an appropriate period for which to disqualify the person, the Court may have regard to the period for which the person is disqualified under the law of the foreign jurisdiction.

206EAA(3)  [Matters to which Court may have regard]  


In determining whether the disqualification is justified, the Court may have regard to:


(a) the person's conduct in relation to the management, business or property of a foreign company; and


(b) any other matters that the Court considers appropriate.

206EAA(4)  ["foreign jurisdiction"]  


In this section:

foreign jurisdiction has the same meaning as in section 206B.


 



This information is provided by CCH Australia Limited. View the disclaimer and notice of copyright.
Top of page
More information on page