162
CAP. 32]
Companies
[1984 Ed.
(3) Where notice of the resignation of a director or secretary of a company is required to be given by the articles of the company or by any agreement with the company, the following shall apply to the person resigning-
(a) the resignation shall not have effect unless he gives notice in writing thereof either in accordance with such requirement or by sending it by post to, or by leaving it at, the registered office of the company;
(b) he shall deliver a copy of such notice to the Registrar not later than 3 days after it is given to the company and shall endorse thereon a certificate stating whether the original has been posted to, or, as the case may be, left at, the registered office of the company and specifying the date on which it was so posted or left;
(c) any notification required by subsection (2) to be given to the Registrar shall be given not later than 7 days after the expiration of such notice.
(Added, 6 of 1984, s. 114)
Power to restrain fraudulent persons from managing companies.
[cf. 1981 c. 62, s. 93]
157E. (1) Where-
(a) a person is convicted of any indictable offence in connexion with the promotion, formation or management of a company, or of any other indictable offence his conviction of which necessarily involves a finding that he acted fraudulently or dishonestly; or
(b) in the course of winding up a company it appears that a person-
(i) has been guilty of any offence for which he is liable (whether he has been convicted or not) under section 275;
or
(ii) has been guilty, while an officer of the company, of reckless conduct in relation to the management of the company; or
(iii) has otherwise been guilty, while an officer of the company, of any fraud in relation to the company or of any breach of his duty to the company,
the court may make an order that that person shall not, without the leave of the court, be a director or a liquidator or a receiver or manager of the property of a company or in any way, whether directly or indirectly, be concerned or take part in the management of a company for such period as may be specified in the order:
Provided that the period specified in any such order shall not exceed 5 years or, in the case of an order made against a person by virtue of his conviction of an offence in respect of which a sentence of imprisonment is imposed, the aggregate of 5 years and the period specified by the sentence as the term of imprisonment.