The Department for the Economy (the Department) has accepted a disqualification undertaking from the Director of a car sales business.
The undertaking was received for seven years from Christopher Caldwell (39) of Hiltonstown Road, Portglenone, Co Antrim, in respect of his conduct as the director of TRC Trade Sales Ltd (“the Company”).
The Company acted as a used cars and light motor vehicles sales business, trading from 5 Ballymena Road, Portglenone, Co. Antrim BT44 8AE, and went into Liquidation on 26 October 2017 with an estimated deficiency as regards creditors of £2,514,586. There was a total of £100 owing as Share Capital, resulting in an estimated deficiency as regards members of £2,514,686.
The Department accepted the disqualification undertaking from Christopher Caldwell on 25 May 2021 based on the following unfit conduct which solely for the purposes of the disqualification procedure was not disputed:
- Abusing the VAT system by filing VAT returns which Mr Caldwell knew or ought to have known were inaccurate, resulting in a loss of monies properly due to the Crown. Failing to fulfil responsibilities to HMRC in respect of making accurate disclosures of sales and the resulting VAT due, which ultimately led to a significant assessment of £1,713,310 being raised, placing the company in a position whereby it had no prospect of paying its debts as they fell due. TRC Trade Sales Ltd retained monies totalling £1,815,250.60 due to the Crown in respect of VAT from 2014/15 to the date of liquidation.
- Failing to comply with Companies Act 2006 in that annual accounts for the year ended 31 May 2016 were never filed;
- Failing to comply with Companies Act 2006 in that the confirmation statement for the period ended 16 June 2017 was never filed.
The Department has accepted four Disqualification Undertakings in the financial year commencing 1 April 2021.
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 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 548582.
- The period of disqualification commences at the end of 21 days beginning with the day the Disqualification Undertaking was accepted by the Department.
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