Definition : Director - Disqualification

Legal incapacity for a natural person to exercise the office of director. This is the case for the co-owner who, for more than three months, has not paid his share of the common expenses. In addition, a bankrupt and a person prohibited by the court from holding such office may not hold the function of a director. The same applies, in principle, to minors and persons of full age under tutorship or curatorship.

The court, on the application of an interested person, may also prohibit a person from holding office as a director of a legal person if the person has been found guilty of an indictable offence involving fraud or dishonesty in a matter related to legal persons, or who has repeatedly violated the laws relating to legal persons or failed to fulfil his obligations as a director.

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