Limited Liability Partnerships Order, 2010 · s 36

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36.
Disqualification of manager of limited liability partnerships wound-up on grounds of national security or interest
( 1)
Subject to subsections (2) and (3), where a limited liability partnership is ordered to be wound-up by the High Court under paragraph 3(1){{} of the Fourth
Schedule, the High 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 manager of that partnership from being a manager of any limited liability partnership for a period of 3 years from the date of the making of the winding-up order.
(2)
The High Court shall not make a disqualification order against any person under subsection ( 1) unless the High Court is satisfied that the person against whom it is sought has been given not less than 14 days notice of the
.application for the order.
(3)
The High Court shall not make a disqualification order against any person under subsection ( 1) if such person proves to the satisfaction of the High
Court that-
5319
{a}
the limited liability partnership was used for purposes against national security or interest without his consent or connivance; and

(b}
he had exercised such diligence to prevent the partnership 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 contravenes a disqualification order made under subsection ( 1 J 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.

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s 36Disqualification of manager of limited liability partnerships wound-up on grounds of national security or interest

( 1)

Subject to subsections (2) and (3), where a limited liability partnership is ordered to be wound-up by the High Court under paragraph 3(1){{} of the Fourth

Schedule, the High 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 manager of that partnership from being a manager of any limited liability partnership for a period of 3 years from the date of the making of the winding-up order.

(2)

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

.application for the order.

(3)

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

Court that-

5319

{a}

the limited liability partnership was used for purposes against national security or interest without his consent or connivance; and

(b}

he had exercised such diligence to prevent the partnership 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 contravenes a disqualification order made under subsection ( 1 J 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.