Section 218, The Companies Act, 2009

(1) Where– (a) a person is convicted by a court of any offence in connection with the promotion, formation or management of a company or an offence involving fraud or dishonesty; or (b) in the course of winding up a company it appears that a person- (i) has committed any offence referred to under paragraph (a); or Duty of directors to disclose age to Insolvent persons acting as directors Restraint of fraudulent Liability of a person where not duly appointed. Share qualification 158 159 (ii) has otherwise been found 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 shall make an order that that person shall not be a director of or in any way, whether directly or indirectly, be concerned or take part in the management of a company for a specified period not exceeding 10 years. (2) A person intending to apply for the making of an order under this section, shall give not less than 10 days notice of his intention to the person against whom the order is sought; and on the hearing of the application, the last mentioned person may appear and himself give evidence or call witnesses. (3) An application for the making of an order by the court having jurisdiction to wind up a company may be made by the official receiver, or by the liquidator of the company or by any person who is or has been a member or creditor of the company; and on the hearing of any application for an order by the official receiver or the liquidator, or of any application for leave under this section by a person against whom an order has been made on the application of the official receiver or liquidator, the official receiver or liquidator shall appear and call the attention of the court to any matters which seem to him to be relevant, and may himself give evidence or call witnesses. (4) An order may be made by virtue of sub paragraph (ii) of paragraph (b) of subsection (1), notwithstanding that the person concerned may be criminally liable in respect of the matters on the ground of which the order is to be made; and for the purposes of that paragraph “officer” includes any person in accordance with whose directions or instructions the directors of the company have been accustomed to act. (5) If any person acts in contravention of an order made under this section, he shall be guilty of an offence and in respect of each offence, be liable to a fine not exceeding Le5,000,000 or to imprisonment for a term not exceeding 6 months, or to both the fine and imprisonment.