s.15Removal, suspension, etc., of business entities from register
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Section 15Part 3 — REGISTRATION OF BUSINESS ENTITIES

Removal, suspension, etc., of business entities from register

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The Board may remove the name of a business entity from the register, suspend the licence of the entity (with or without conditions), re-categorise or reprimand it for any of the following —
the business entity has performed work in a manner which does not display the level of competence expected from a registered business entity;
the business entity fails to comply with any condition of registration;
the business entity ceases to be engaged in the business of performing construction;
the Superintendent of Health Insurance appointed under the Health Insurance Commission Law (2016 Revision) informs the Board in writing (on that person's own initiative or upon inquiry by the Board), which power and duty are hereby conferred, that the business entity concerned is not up-to-date with health insurance contributions;
the Director of Labour appointed under the Labour Law (2011 Revision) informs the Board in writing (on that person's own initiative or upon inquiry by the Board) which power and duty are hereby conferred, that the business entity concerned has an outstanding breach of the said Law, the Workmen's Compensation Law (1996 Revision) or any other Law (other than the Law specified in paragraph (d)), the enforcement of which falls under the Director of Labour;
the Superintendent of Pensions referred to in section 79 of the National Pensions Law (2012 Revision) informs the Board in writing (on that person's own initiative or upon inquiry by the Board), which power and duty are hereby conferred, that the business entity concerned is not up-to-date with pension contributions;
the business entity fails to comply with the Code of Ethics and Professional Conduct issued and maintained under section 4(8A); or
the business entity concerned does not have public-liability insurance at all or to such extent as may be prescribed in regulations made under this Law.
The Board shall remove a name of a business entity from the register or revoke a licence where —
a court has ordered that the name be removed from the register or that the licence be revoked on the grounds of contravention of this Law or regulations made hereunder;
the business entity has persistently carried on work in a manner which does not display the level of competence expected from a registered or licensed business entity;
the business entity ceases to hold the qualifications specified by or under section 6;
if the company concerned fails to comply with any directive or requirement issued by the Board; or
if the company concerned fails to pay its renewal fee;
if any of the matters referred to in subsection (3) occurs;
the business entity has applied to have its name removed from the register or its licence to be revoked.
Where a business entity —
is adjudicated bankrupt;
has been, or one of its directors or partners has been, convicted of a criminal offence (of such a nature as to render the business entity, or the director or partner concerned unsuitable to be involved in the building industry) and is sentenced to a custodial term of imprisonment of one year or more; or
is a person in respect of whom an order has been made under the Mental Health Law, 2013 [Law 10 of 2013];
is in receivership; or
is in liquidation, the Board shall take such decisions, including decisions referred to in subsection (1), (2) and (3) but not limited thereto, to protect, to the extent possible or necessary, the interests of the business entity, directors, partners, employees, investors, creditors and any other persons who have not been involved in any untoward conduct.
Before revoking a licence under subsection (5) the Board shall give the company concerned notice in writing of its intention to do so specifying therein the grounds on which it proposes to revoke the licence, and shall afford the company concerned an opportunity of submitting to it a written statement and, at the discretion of the licensee, oral submissions, of objections to the revocation of the licence; and thereafter the Board shall advise the company concerned of its decision in the matter and of the company's right of appeal to the Grand Court under section 29 against a decision adverse to it.
Where the Board makes, in relation to a business entity, a decision under subsection (1), (2) or (3) (other than a removal upon request), notice in writing of that decision and of the reasons for it shall be served on that business entity, which may appeal under section 29.
For purposes of clarification it is declared that no appeal shall lie where a name has been removed upon request of the business entity concerned.
A decision made under this section to remove the name of a business entity from the register or to revoke its licence shall not take effect before the expiration of the period allowed for appealing against it, and where an appeal is lodged, the decision shall not take effect before the appeal is disposed of or withdrawn or fails for want of prosecution.
A business entity whose name is removed from the register or licence revoked under this section shall not be entitled to be restored thereto or the licence restored except where, upon its application, the Board decides that the registration or licence be so restored and the Board shall not so decide unless the reason that led to the removal from the register or revocation of the licence no longer exists.
Where the Board receives an application for registration from a business entity in which a person who was culpable in an entity that was disciplined by the Board in the past is involved, the Board shall take into account that fact and may, for that reason, refuse to register or issue a licence.
Except where a business entity is removed from the register or its licence revoked upon the request of the entity concerned, a decision or order under this section for the removal of the business entity's name from the register or revocation of its licence may prohibit an application under subsection (8) by the business entity concerned until the expiration of a period not exceeding twelve months.
The revocation of a licence or the removal of the name of a business entity from the register under this section shall not be construed as a deletion of the historical particulars of the business entity but the register shall be an accurate representation of registered business entities and business entities that hold a valid licence.

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