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Under Section 155B of the CA, the Registrar will have powers to debar a director or secretary of a company from taking up new appointments if the company has failed to file relevant documents at least three months after the prescribed deadlines under the Companies Act.
The powers of debarment are discretionary and do not operate automatically in respect of all non-filings. It is intended to be used to weed out irresponsible directors/ secretaries, and hence will be applied accordingly.
ACRA will give written notice and will allow directors and secretaries to show cause as to why they should not be debarred. ACRA will consider the reasons as to why there was a default before exercising the powers to debar.
