Section 396, The Companies Act, 2009

(1) Where an order has been made for winding up acompany by the court, and the official receiver has made a further report under this Act stating that, in his opinion, a fraud has been committed by a person in the promotion or formation of the company, or by any director or other officer of the company in relation to the company since its formation, the court may, on the application of the official receiver, order that that person, director or officer shall not, without the leave of the court, be a director of or in any way, whether directly or indirectly, be concerned in or take part in the management of a company for such period, not exceeding 5 years, from the date of the report as may be specified in the order. (2) The official receiver shall, where he intends to make an application under subsection (1), give not less than 10 days’ notice of his intention to the person charged with fraud, and on the hearing of the application that person may appear and himself give evidence or call witnesses. 286 287 Attendance of directors of company at meetings of creditors, etc. Public examination of promoters, directors, etc. restrain fraudulent persons from managing (3) It shall be the duty of the official receiver to- (a) appear on the hearing of an application by him of an order under this section and on an application for leave under this section; and (b) call the attention of the court to any matters which appear to him to be relevant, and on such application the official receiver may himself give evidence or call witnesses. (4) If any person acts in contravention of an order made under this section he shall be guilty of an offence and shall, in respect of each offence, be liable on conviction to a fine not exceeding Le5,000,000 or to a term of imprisonment not exceeding 2 years or to both the fine and imprisonment. (5) This section shall have effect 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.