ABSTRACT

Director disqualification is highlighted in Chapter 16 as one of the ex post facto sanctions for directorial behaviour aimed toward improving corporate governance. This chapter continues the theme of linkage between politics, economics and law to demonstrate the potential value of a comprehensive system of director disqualification to corporate governance in developing and emerging markets (DEMs). It focuses on utilisation of a general system for disqualification, disqualifying an individual generally from acting as a director or otherwise being concerned in management of a company or business, rather than a disciplinary system disqualifying an individual only from a specified market or area of business. The chapter draws on UK law where disqualification provisions are traditionally designed to ensure prudent and responsible management of company affairs by providing directors with knowledge of the consequences of their conduct.1 Several UK statutes contain provisions for director disqualification, but the Company Directors Disqualification Act 1986 (CDDA) is the most prominent and therefore the focus of this chapter.