Section 59

on the application of the Minister or the Official Receiver as provided for in subsection (11); and

on being satisfied as to the matters referred to in subsection (2),make an order disqualifying a person specified in the order from being a manager of a limited liability partnership for a period specified in the order not exceeding 5 years from the date of the making of the order (called in this section a disqualification order).

the person against whom the order is sought has been given at least 14 days’ notice of the application for the order;

the person is or has been a manager of a limited liability partnership which has gone into liquidation (whether while the person was a manager or within 3 years of the person ceasing to be a manager of the limited liability partnership) and which was insolvent at the date of its liquidation; and

the person’s conduct as a manager of that limited liability partnership taken alone or taken together with the person’s conduct as a manager of any other limited liability partnership or a director of any other corporation makes the person unfit to be a manager of a limited liability partnership.

being wound up by the General Division of the High Court, it appears to the Official Receiver or to the liquidator, if the liquidator is not the Official Receiver; or

being wound up otherwise than as mentioned in paragraph (a), it appears to the liquidator,that the conditions mentioned in subsection (2)(b) and (c) are satisfied as respects that person, the Official Receiver or the liquidator (as the case may be) must immediately report the matter to the Minister.

provide the Minister with any information with respect to any person’s conduct as a manager of the limited liability partnership; and

produce and permit inspection of any books, papers and other records relevant to that person’s conduct as such a manager,that the Minister may reasonably require for the purpose of exercising or determining whether to exercise any of the Minister’s functions under this section.

the date of liquidation of a limited liability partnership is —

if the limited liability partnership is wound up by the General Division of the High Court, the date of the filing of the winding up application;

where a provisional liquidator is appointed under paragraph 37 of the Fifth Schedule, the date the declaration made under that paragraph is lodged with the Registrar; and

in any other case, the date of the passing of the resolution for winding up;

a limited liability partnership is taken to be insolvent if it is unable to pay its debts, within the meaning of that expression in paragraph 3(2) of the Fifth Schedule; and

references to a person’s conduct as a manager of any limited liability partnership or director of any corporation include, where any of those entities have become insolvent, references to that person’s conduct in relation to any matter connected with or arising out of the insolvency of that entity.

generally to the matters mentioned in subsection (8); and

in particular, to the matters mentioned in subsection (9),even though the manager has not been convicted or may not be criminally liable in respect of any of these matters.

whether there has been any misfeasance or breach of any fiduciary or other duty by the manager in relation to the limited liability partnership;

whether there has been any misapplication or retention by the manager of, or any conduct by the manager giving rise to an obligation to account for, any money or other property of the limited liability partnership; and

the extent of the manager’s responsibility for any failure by the limited liability partnership to comply with any provision of this Act.

the extent of the manager’s responsibility for the causes of the limited liability partnership becoming insolvent;

the extent of the manager’s responsibility for any failure by the limited liability partnership to supply any goods or services which have been paid for (in whole or in part);

the extent of the manager’s responsibility for the limited liability partnership entering into any transaction liable to be set aside under paragraph 8(1) of the Fifth Schedule; and

whether the causes of the limited liability partnership becoming insolvent are attributable to its carrying on business in a particular industry where the risk of insolvency is generally recognised to be higher.

the Minister or the Official Receiver (as the case may be) must appear and call the attention of the General Division of the High Court to any matter which appears to him or her to be relevant (and for this purpose the Minister may be represented) and may give evidence or call witnesses; and

the person against whom an order is sought may appear and personally give evidence or call witnesses.