141A. Disqualification of unfit directors of insolvent companies

on the application of the Minister or the Official

on being satisfied as to the matters referred to in subsection (2), make an order disqualifying a person specified in the order from being a director or in any way, whether directly or indirectly, being concerned in, or take part in, the management of a company during such period not exceeding 5 years after the date of the order as is specified in the order (referred to in this section as a disqualification order).

the person against whom the order is sought has been given not less than 14 days' notice of the application; and

that person is or has been a director of a company which has at any time gone into liquidation

his conduct as director of that company either taken alone or taken together with his conduct as a director of any other company or companies makes him unfit to be a director of or in any way, whether

being wound up by the Court, it appears to the Official

to furnish him with such information with respect to any person's conduct as a director of the company; and

a company has gone into liquidation -

if it is wound up by the Court, on the date of the filing of the winding up application;

in any other case, on the date of the passing of the resolution for the voluntary winding up; and

a company was insolvent at the time it has gone into liquidation if it was unable to pay its debts within the meaning of that expression in section 100 of the Insolvency Order, 2016

as to whether there has been any misfeasance or breach of any fiduciary or other duty by the director in relation to the company;

as to whether there has been 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;

as to the extent of the director's responsibility for any failure by the company to comply with sections 95,96,98, 107, 121 and 122; and

as to the extent of the director's responsibility for the causes of the company becoming insolvent;

as to 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) ;

as to the extent of the director's responsibility for the company entering into any transaction liable to be set aside under section 167;

as to whether the causes of the company becoming insolvent are attributable to its carrying on business in a particular industry where the risk of insolvency is generally recognised to be higher.

On a hearing of an application under this section -

the Minister or the Oficial Receiver, as the case may be, shall appear and call the attention of the

the person against whom an order is sought may appear and himself give evidence or call witnesses.