Companies Act · s 141B

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141B. (1) Subject to subsections (2) and (3), where a company is ordered to be wound up by the Court on the ground that it is being used for

Companies
CAP. 39 155
purposes against national security or interest, the Court may, on the application of the Minister, make an order (referred to in this section as a disqualification order) disqualifying any person who is a director of that company from being a director or in any way, directly or indirectly, being concerned in, or from taking part in, the management of any company or company incorporated outside Brunei Darussalam for a period of 3 years from the date of the making of the winding up order.
(2) The Court shall not make a disqualification order against any person under subsection (1) unless the Court is satisfied that the person against whom the order is sought has been given not less than 14 days' notice of the Minister application for the order.
(3) The Court shall not make a disqualification order against any person under subsection (1) if such person proves to the satisfaction of the
Court that -
(a) the company had been used for purposes against national security or interest without his consent or connivance; and
(b) he had exercised such diligence to prevent the company from being so used as he ought to have exercised having regard to the nature of his function in that capacity and to all the circumstances.
(4) Any person who acts in contravention of a disqualification order made under subsection (1) is guilty of an offence and liable on conviction to a fine not exceeding $10,000, imprisonment for a term not exceeding 2 years or both.
(5) In this section, "company incorporated outside Brunei
Darussalam" means a company incorporated outside Brunei Darussalam to which Part 9 applies.

156 CAP. 39
Companies
Disqualification for persistent default in relation to delivery of documents to Registrar [S 27/2019/

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s 141B

(1)

Subject to subsections (2) and (3), where a company is ordered to be wound up by the Court on the ground that it is being used for

Companies

CAP. 39 155

purposes against national security or interest, the Court may, on the application of the Minister, make an order (referred to in this section as a disqualification order) disqualifying any person who is a director of that company from being a director or in any way, directly or indirectly, being concerned in, or from taking part in, the management of any company or company incorporated outside Brunei Darussalam for a period of 3 years from the date of the making of the winding up order.

(2)

The Court shall not make a disqualification order against any person under subsection (1) unless the Court is satisfied that the person against whom the order is sought has been given not less than 14 days' notice of the Minister application for the order.

(3)

The Court shall not make a disqualification order against any person under subsection (1) if such person proves to the satisfaction of the

Court that -

(a)

the company had been used for purposes against national security or interest without his consent or connivance; and

(b)

he had exercised such diligence to prevent the company from being so used as he ought to have exercised having regard to the nature of his function in that capacity and to all the circumstances.

(4)

Any person who acts in contravention of a disqualification order made under subsection (1) is guilty of an offence and liable on conviction to a fine not exceeding $10,000, imprisonment for a term not exceeding 2 years or both.

(5)

In this section, "company incorporated outside Brunei

Darussalam" means a company incorporated outside Brunei Darussalam to which Part 9 applies.

156 CAP. 39

Companies

Disqualification for persistent default in relation to delivery of documents to Registrar [S 27/2019/