County Antrim director accepts 4 year disqualification undertaking.
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The Department for the Economy (the Department) has accepted a disqualification undertaking from the director of a company involved in take-away food shops and mobile food stands.
The undertaking was received for four years from Asim Sattar (47) of Falls Road, Belfast, in respect of his conduct as director of Chickn Lickn Belfast Limited (“the Company”).
The Company was involved in take-away food shops and mobile food stands with a registered office at 25-27 Dublin Road, Belfast, BT2 7HB. The Company went into liquidation on 03 November 2021 with an estimated deficiency as regards creditors of £75,200. There was a total of £100 owing as Share Capital, resulting in an estimated deficiency as regards members of £75,300.
The Department accepted the Disqualification undertaking from Asim Sattar on 13 January 2025 based on the following unfit conduct which solely for the purposes of the disqualification procedure were not disputed:
- Causing and / or permitting the Company to submit inaccurate VAT returns totalling £159,384.67, resulting in a loss of monies properly due to the Crown from 2020/21. Submitting inaccurate VAT returns and therefore failing to comply with director’s duties in terms of filing accurate VAT returns, which resulted in the large debt falling due to HMRC. Continuing to run the Company without any regard to a director’s obligations in terms of compliance with the VAT regime. This resulted in the Company having more money than it ought to have had available to fund its continued trading; and
- Non co-operation with the Liquidator of Chickn Lickn Belfast Limited contrary to Article 199 of The Insolvency (Northern Ireland) Order 1989. As a consequence of the non co-operation the Liquidator was unable to:
- fully quantify the assets and liabilities of the Company;
- fully trace the movement of assets and liabilities in the final year of trading and verify the value of those at the date of liquidation;
- ensure that the full value of company assets were realised on behalf of creditors;
- ensure that the insolvency came about through genuine trading difficulties;
- establish that all monies in and out of the company bank account were explained and properly accounted for; and
- satisfactorily account for the deficiency at the date of Liquidation.
The Department has accepted 4 disqualification undertakings and the Court has made no disqualification orders in the financial year commencing 1 April 2025.
Notes to editors:
- Insolvency Practitioners acting as voluntary liquidators, administrative receivers and administrators have a duty to report unfit conduct to the Insolvency Service within the Department for the Economy. The Official Receiver acting as liquidator, when a company is wound up by the Court, has a duty to investigate the causes of failure and report any unfit conduct to the Insolvency Service within the Department for the Economy.
- The aim of the Department is to bring disqualification proceedings against those directors of failed companies who have abused the privilege of limited liability status through negligence, incompetence or lack of commercial probity. The legislation contained in the Company Directors Disqualification (Northern Ireland) Order 2002 (“the 2002 Order”) is for the protection of the public and trading community but its operation should not inhibit genuine enterprise.
- In cases where a person is subject to either a disqualification order made by the Court or a disqualification undertaking accepted by the Department, that person shall not be a director of a company, act as a receiver of a company's property or in any way, whether directly or indirectly, be concerned or take part in the promotion, formation or management of a company unless he has the leave of the High Court. A disqualified person cannot obtain permission to act as an Insolvency Practitioner.
- Article 9 of the 2002 Order provides that where a director is found to be unfit he must be disqualified for a minimum period of two years, up to a maximum of fifteen years. The Courts have decided that the level of seriousness of unfit conduct can fall into three brackets with the top bracket of periods over ten years reserved for particularly serious cases, six to ten years reserved for cases which do not merit the top bracket and two to five years for cases where, although disqualification is mandatory, the case is less serious.
- The 2002 Order also allows directors, with the agreement of the Department, to avoid the need for a court hearing by offering an acceptable disqualification undertaking. This has exactly the same legal effect as a disqualification order made by the court, and will usually include a schedule identifying the director’s unfit conduct. The consequences of breaching a disqualification undertaking are the same as those for breaching a disqualification order.
- If anybody contravenes a disqualification order or breaches their disqualification undertaking they may be committing a criminal offence and could go to prison for up to two years or face a fine or both. Any person with information to suggest that a disqualified person has acted in contravention of this provision should contact The Insolvency Service’s Directors Disqualification Unit on 028 90 548587.
- The period of disqualification commences at the end of 21 days beginning with the day the disqualification undertaking was accepted by the Department.
- For media enquiries contact the Department for the Economy Press Office at pressoffice@economy-ni.gov.uk
- The Executive Information Service operates an out of hours service for media enquiries only between 1800hrs and 0800hrs Monday to Friday and at weekends and public holidays. The duty press officer can be contacted on 028 9037 8110.
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