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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 3 years.

The Court found that the former director had breached her director’s duties by failing to 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. Moreover, the former director had failed to submit a Statement of Affairs of the company to the liquidators under section 190 of the Ordinance and fully cooperate with the liquidators and the Official Receiver in the course of winding-up and investigation of the affairs of the insolvent company.