Who cannot be a director?

A person cannot be a director of a company if he/she is:

• under 18 years of age
• an undischarged bankrupt
• prohibited from directing/promoting/participating in the management of a company under any statutory provisions.  This includes (but is not limited to) people who have been:
  • convicted of a crime involving dishonesty in the last five years, or
  • prohibited from managing a company by the Registrar of Companies, or 
  • prohibited from being a director or promoter of, or being concerned or taking part in the management of, an overseas company under an order made, or notice given, under the law of a prescribed overseas jurisdiction (Australia) in accordance with section 151(2)(eb) of the Companies Act 1993;
• subject to a property order made under sections 30 or 31 of the Protection of Personal and Property Rights Act 1988
• not qualified pursuant to the constitution of a particular company. 

For more information refer to sections 151 and 382 to 385 of the Companies Act 1993.  A copy of the Act can be viewed online for free at www.legislation.govt.nz