Companies Act 2007 · As enacted · Part VII · Management and Administration Registered Office
214. Court may disqualify directors
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Department of Government Printing, unchanged
Where a person—
is prohibited from being a director of company under section 213;
while a director of a company, has persistently failed to comply with the provisions of this Act;
has been convicted of an offence of involving dishonest or fraudulent acts in a country other than
Sri Lanka; or
was a director of a company which became insolvent and that person’s conduct as a director of that company or of any other company makes that person unfit to be a director of a company, the court may make an order that the person shall not, without leave of court, be a director or promoter of or in any way whether directly or indirectly be concerned or take part in the management of a company, for such period not exceeding ten years as may be specified in the order.
A person intending to apply for an order under this section shall give not less than ten working days’ notice of that intention to the person against whom the order is sought.
On the hearing of the application the person against whom the order is sought, may appear and give evidence or call witnesses.
An application for an order under this section may be made by the Registrar or by a liquidator or an administrator of a company of which the person against whom the order is sought was a director, or by a person who is or has been a shareholder or creditor of any such company.
An order may be made under this section even though the person concerned may be criminally liable in respect of the matters on the ground of which the order is to be made.
The Registrar of the court shall as soon as practicable after the making of an order under this section, give notice to the Registrar that the order has been made and the Registrar—
shall cause to be published in the Gazette the name of the person against whom the order is made; and
may give such further notice of the making of the order as he thinks fit.
Every person who acts in contravention of an order made under this section shall be guilty of an offence and be liable on conviction to a fine not exceeding one million rupees or to a term of imprisonment not exceeding five years or to both such fine and imprisonment.
In this section “company” includes an overseas company which carries on business in Sri Lanka.
MISCELLANEOUS PROVISIONS RELATING TO DIRECTORS.
Part VIII
Amalgamations
Part IX
Compromises with Creditors
Part X
Approval of Arrangements, Amalgamations, and Compromises by Court
Part XI
Provisions Relating to Offshore Companies
Part XII
Winding Up
Part XIII
Administrators Appointment of Administrator
Part XIV
Floating Charges
Part XV
Receivers and Managers
Part XVI
Registrar-General of Companies and Registration Appointment of Officers
Part XVII
Application of Act to Existing Companies
Part XVIII
Overseas Companies
Part XIX
Advisory Commission
Part XX
Companies Disputes Board
Part XXI
Offences Miscellaneous Offences
Part XXII
Miscellaneous Prohibition of Partnership with More Than Twenty Members
Part XXIII