Corporations Act 2001
Note: This Part does not apply to a CCIV: see section 1224E .
View history note
Hide history noteOn application by ASIC, the Court may disqualify a person from managing corporations for the period that the Court considers appropriate if:
(a) the person is disqualified under the law of a foreign jurisdiction from:
(i) being a director of, or being concerned in the management of, a foreign company; or
(ii) carrying on activities that the Court is satisfied are substantially similar to being a director of, or being concerned in the management of, a foreign company; or
(iii) being a director of a passport fund, or of the operator of a passport fund; or
(iv) being concerned in the management of a passport fund; or
(v) carrying on activities that the Court is satisfied are substantially similar to being a director of a passport fund, or of the operator of a passport fund, or being concerned in the management of a passport fund; and
(b) the Court is satisfied that the disqualification under this subsection is justified.
206EAA(2)
In determining what is an appropriate period for which to disqualify the person, the Court may have regard to the period for which the person is disqualified under the law of the foreign jurisdiction.
206EAA(3)
In determining whether the disqualification is justified, the Court may have regard to:
(a) the person ' s conduct in relation to the management, business or property of a foreign company or a passport fund (as the case requires); and
(b) any other matters that the Court considers appropriate.
206EAA(4)
In this section:
foreign jurisdiction
has the same meaning as in section
206B
.
Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited
CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.
The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.
