Coleraine director agrees to disqualification

Date published: 3 March 2021

An Undertaking was received for eight years from Brendan McGill (51) of Ballyrashane Road, Coleraine, in respect of his conduct as director of McGill Cars Ltd.

The Company operated a car sales business from 186 - 188 Dunhill Road, Coleraine and went into liquidation on 11 May 2017 with an estimated deficiency as regards creditors of £57,958.

The Department accepted the disqualification undertaking from Brendan McGill on 9 December 2020 based on the following unfit conduct which solely for the purposes of the disqualification procedure was not disputed:

• failing to co-operate with the Official Receiver as Liquidator and failing to fully account for all stock in the final trading period;

• failing to learn from a previous insolvent company McGill Autosales Limited and failing to take steps to protect the interest of creditors in his new company, McGill Cars Ltd which constituted repeat conduct to the detriment of creditors and in particular the Crown;

• causing and permitting the Company to breach Article 180 of the Insolvency (NI) Order 1989, in that he permitted the use of a company name which was prohibited under the provisions of that Article;

• causing and permitting the company to operate a policy of discrimination against the Crown. From 2012/2013 to the date of liquidation, the Respondent caused and permitted McGill Cars Ltd to retain monies totalling £64,303.30 in respect of PAYE, NIC and VAT which were properly payable to the Crown;

• failing to maintain, preserve and deliver up the books and records of McGill Cars Limited to the Official Receiver;

• breaching his fiduciary duty to McGill Cars Limited by permitting customers to remove assets from the company;

• failing to account for the transfer of a vehicle to the Respondent’s daughter;

The Department has accepted fifteen Disqualification Undertakings in the financial year commencing 1 April 2020.