ABSTRACT

Many jurisdictions in the world use similar strategies to manage the risks intrinsically linked to the ingenious creature of statute, the company with limited liability. This chapter explains the way in which the words 'disqualification of company directors' is used. It discusses three forms of disqualification: automatic disqualification, disqualification on application and disqualification by a regulator. The chapter introduces the different regimes, provides a broad overview of similarities and differences, and considers specific aspects of the different regimes that may enhance the German directors' disqualification regime. To provide readers with a bird's-eye view of the directors' disqualification regimes in the different jurisdictions, the chapter summarises information such as the name of the applicable legislation, the primary corporate regulator, the permitted applicants in disqualification procedures, and whether the legislation applies to private and/or public companies alike, in table format.