Companies Act, 1963

Prohibition of undischarged bankrupts acting as directors.

183.—(1) Subject to subsection (2), if any person being an undischarged bankrupt acts as director of, or directly or indirectly takes part in or is concerned in the management of any company except with the leave of the court, he shall be liable on conviction on indictment to imprisonment for a term not exceeding 2 years or to a fine not exceeding £500 or to both, or on summary conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding £100 or to both.

(2) A person shall not be guilty of an offence under this section by reason that he, being an undischarged bankrupt, has acted as director of, or taken part or been concerned in the management of a company, if he was on the operative date acting as director of, or taking part or being concerned in the management of, that company, and has continuously so acted, taken part or been concerned since that date, and the bankruptcy was prior to that date.

(3) In this section “company” includes an unregistered company and a company incorporated outside the State which has an established place of business within the State.