Section 9.
SCHEDULE 1Matters for Determining Unfitness of Directors
PART IMatters Applicable in All Cases
1Any misfeasance or breach of any fiduciary or other duty by the director in relation to the company.
2Any misapplication or retention by the director of, or any conduct by the director giving rise to an obligation to account for, any money or other property of the company.
3The extent of the director's responsibility for the company entering into any transaction liable to be set aside under Part XVI of the Insolvency Act (provisions against debt avoidance).
4The extent of the director's responsibility for any failure by the company to comply with any of the following provisions of the Companies Act, namely—
(a)section 221 (companies to keep accounting records);
(b)section 222 (where and for how long records to be kept);
(c)section 288 (register of directors and secretaries);
(d)section 352 (obligation to keep and enter up register of members);
(e)section 353 (location of register of members);
(f)sections 363 and 364 (company's duty to make annual return) ;
(g)section 365 (time for completion of annual return); and
(h)sections 399 and 415 (company's duty to register charges it creates).
5The extent of the director's responsibility for any failure by the directors of the company to comply with section 227 (directors' duty to prepare annual accounts) or section 238 (signing of balance sheet and documents to be annexed) of the Companies Act.
PART IIMatters Applicable where Company has become Insolvent
6The extent of the director's responsibility for the causes of the company becoming insolvent.
7The extent of the director's responsibility for any failure by the company to supply any goods or services which have been paid for (in whole or in part).
8The extent of the director's responsibility for the company entering into any transaction or giving any preference, being a transaction or preference—
(a), liable to be set aside under section 127 or sections 238 to 240 of the Insolvency Act, or
(b)challengeable under section 242 or 243 of that Act or under any rule of law in Scotland.
9The extent of the director's responsibility for any failure by the directors of the company to comply with section 98 of the Insolvency Act (duty to call creditors' meeting in creditors' voluntary winding up).
10Any failure by the director to comply with any obligation imposed on him by or under any of the following provisions of the Insolvency Act—
(a)section 22 (company's statement of affairs in administration) ;
(b)section 47 (statement of affairs to administrative receiver) ;
(c)section 66 (statement of affairs in Scottish receivership) ;
(d)section 99 (directors' duty to attend meeting; statement of affairs in creditors' voluntary winding up) ;
(e)section 131 (statement of affairs in winding up by the court) ;
(f)section 234 (duty of any one with company property to deliver it up);
(g)section 235 (duty to co-operate with liquidator, etc.).