Section 286: Prohibition order

286. Prohibition order (1) The Court shall make a prohibition order in relation to a person where it is shown to the satisfaction of the Court that that person is unfit to act as administrator or deed administrator by reason of persistent failure to comply or the seriousness of a failure to comply. [Issue 3] I14 – 158 Revised Laws of Mauritius (2) The period of the order is a matter for the discretion of the Court and the Court may make a prohibition order for a period of up to 5 years. (3) A person to whom a prohibition order applies must not act as an Insolvency Practitioner. (4) The Court may make an order under this section in relation to a past or current administrator or deed administrator of a company in administration on the application of— (a) the company or a shareholder of the company; (b) a creditor of the company; (c) the administrator or deed administrator of the company; (d) the Director; or (e) any other interested person. (5) (a) In this section, “failure to comply” means a failure of an administrator or deed administrator to comply with a relevant duty arising— (i) under this Act or any other enactment; or (ii) under any order or direction of the Court. (b) In paragraph (a), “relevant duty” includes the duty of a person in his capacity as liquidator of a company. (6) A copy of every order made under subsection (1) shall, within 10 working days of the order being made, be delivered by the applicant to the Director who shall keep it on a file indexed by reference to the name of the administrator or deed administrator concerned. Section I – Notices about steps taken