A court must declare a person delinquent if:
- he or she has consented to act as director while ineligible or disqualified –has acted as a director in a manner contrary to an order of probation; or
- has acted as a director in a manner amounting to gross negligence, wilful misconduct or breach of trust.
The following may apply to a court for an order declaring a person delinquent or under probation:
- A shareholder;
- A director;
- A company secretary or prescribed officer of a company;
- A registered trade union that represents employees of the company or;
- Another representative of the employees of a company;
- Any organ of state responsible for the administration of any legislation;
- The commission;
- The Panel.
A person who has been declared a delinquent is disqualified from being a director of any company for between 7 years and life.