HomeCompliance & EnforcementDirector DisqualificationSelected Director Disqualification Case UpdatesCase Summary

Case Summary

The Official Receiver has obtained a disqualification order in the Court of First Instance against a former director of an insolvent company under section 168H of the Companies (Winding Up and Miscellaneous Provisions) Ordinance, Cap. 32 (“the Ordinance”).

The former director was disqualified from being a director of a company; a provisional liquidator or liquidator of a company; a receiver or manager of a company’s property; or in any way, whether directly or indirectly, be concerned or take part in the promotion, formation or management of a company, without leave of the Court, for a period of two years and 6 months.

The Court found that the former director had breached her director’s duties by failing to (i) ensure that the company had complied with its obligations to keep and/or preserve proper books of account under sections 373 and 377 of the Companies Ordinance, Cap. 622 and section 274 of the Ordinance, (ii) submit a Statement of Affairs of the company to the liquidators under section 190 of the Ordinance and (iii) ensure due payment of mandatory provident fund contributions was made by the Company.