County Antrim directors agree to disqualification

Date published: 12 March 2021

Undertakings were received for eight years and two years from John Porter (37) and Tanya Elaine Porter (37) respectively, of Ashgreen, Antrim in respect of their conduct as directors of Creative Joinery Worx Limited.

The Company operated a bespoke joinery and fitted furniture business from Old Green Road, Kells and went into Administration on 17 August 2016 with an estimated deficiency as regards creditors of £376,758.

The Department accepted the disqualification undertaking from John Porter on 12 November 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 joint administrators and or causing and or permitting the company to fail to maintain and / or preserve and / or deliver up adequate company books and records including accounting records and / or the records in relation to employees and subcontractors of the Company;

• causing and permitting Creative Joinery Worx Limited to misuse its bank account by causing and permitting cheques to be issued for payment without due regard to their being honoured on presentation and by failing to ensure that there were sufficient funds in the Company’s bank account to honour direct debits;

• causing and permitting the Company to sell an asset that was subject to a fixed charge without the consent of the charge holder thereby causing an avoidable detriment to the company’s creditors and or causing and permitting the company to breach a Hire Purchase Agreement;

• causing and permitting the Company to enter into transactions below market value, prior to the Administration, which constituted transactions at undervalue as defined by Articles 202 and 204 of the Insolvency (NI) Order 1989 thereby causing an avoidable detriment to the company’s creditors and / or which constituted a breach of fiduciary duty

The Department accepted the disqualification undertaking from Tanya Elaine Porter on 12 November 2020 based on the following unfit conduct which solely for the purposes of the disqualification procedure was not disputed:

• causing and or permitting the company to fail to maintain and / or preserve and / or deliver up adequate company books and records including accounting records and / or the records in relation to employees and subcontractors of the Company;

• causing and permitting Creative Joinery Worx Limited to misuse its bank account by causing and permitting cheques to be issued for payment without due regard to their being honoured on presentation and by failing to ensure that there were sufficient funds in the Company’s bank account to honour direct debits;

The Department has accepted 17 Disqualification Undertakings in the financial year commencing 1 April 2020.