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In force2021 Revised Edition
Contents

Part · Management and Administration Registered Office and Name

141C. Disqualification to act as director on conviction of certain offences

(1)

Where a person is convicted (whether in Brunei Darussalam or elsewhere) of any offence involving fraud or dishonesty punishable with

158 CAP. 39

Companies imprisonment for 3 months or more, he shall be subject to the disqualifications provided in subsection (3).

(2)

Where a person is convicted in Brunei Darussalam of -

(a)

any offence in connection with the formation or management of a corporation; or

(3)

any offence under section 259, the Court may make a disqualification order in addition to any other sentence imposed.

(3)

A person who is disqualified under subsection (1) or who has had a disqualification order made against him under subsection (2) shall not act as a director of a company or of a company incorporated outside Brunei

Darussalam to which Part 9 applies nor shall he take part, whether directly or indirectly, in the management of such a company or company incorporated outside Brunei Darussalam.

(4)

(a)

Where a disqualified person has not been sentenced to imprisonment, the disqualifications in subsection (3) shall take effect upon conviction and shall continue for a period of 5 years or for such shorter period as the Court may order under subsection (2).

(3)

Where a disqualified person is sentenced to imprisonment, the disqualifications in subsection (3) shall take effect upon conviction and shall continue for a period of 5 years after his release from prison.

(5)

A person who acts in contravention of a disqualification under this section 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.

(6)

An application for leave to act as a director of a company or of a company incorporated outside Brunei Darussalam to which Part 9

applies or to take part, whether directly or indirectly, in the management of such a company or company incorporated outside Brunei Darussalam may be made by a person against whom a disqualification order has been made

Companies

CAP. 39 159

upon that person giving the Minister not less than 14 days' notice of his intention to apply for such leave.

(7)

On the hearing of any application under this section, the

Minister may be represented at the hearing and may oppose the granting of the application.

(8)

The High Court may make a disqualification order under this section.

(9)

Any right to apply for leave of the Court to be a director or promoter or to be concerned or take part in the management of a company that was subsisting immediately before 3 1st December 2010, being the date of commencement of the Companies Act (Amendment) Order, 2010

(S 11 8/2010) shall on or after that date be treated as subsisting by virtue of the corresponding provision made under this section.

Report

Part 5

Part 6

Part 7

Part 8

Part 9

Part

Restrictions on Sale of Shares and Offers of Shares for Sale

Part

Prohibition of Partnerships with More Than Twenty Members

Part

Enforcement and General Provisions

Schedules