- 10 Marks
Question
Company directors are appointed by the shareholders to manage the company.
Required:
Explain briefly FIVE circumstances that may disqualify a director from office. (10 Marks)
Answer
The following are five circumstances that may disqualify a director from holding office:
- Bankruptcy: A director who has been declared bankrupt by a court of competent jurisdiction is disqualified from continuing as a director unless they have been discharged by the court.
- Unsound Mind: If a director is declared to be of unsound mind by a competent court, they are disqualified from holding office as they are considered incapable of managing the affairs of the company.
- Conviction of a Serious Offense: A director who has been convicted of a serious offense involving fraud or dishonesty, particularly in relation to the company or its operations, may be disqualified from office.
- Disqualification by Court Order: A court may issue an order disqualifying an individual from acting as a director. This can occur in cases of gross misconduct, negligence, or fraud.
- Failure to Meet Statutory Requirements: Directors are required to meet certain statutory qualifications, such as age limits or shareholder approval. Failure to meet these statutory requirements can result in disqualification.
- Tags: Company Law, Directors, Disqualification, Shareholders
- Level: Level 1
- Topic: Contract Law
- Series: NOV 2019
- Uploader: Dotse