The Department for the Economy (the Department) has accepted a disqualification undertaking from the director of a company providing construction/civil engineering services.
The undertaking was received for ten years from Eugene Bradley (56) of Boveedy Road, Kilrea, Coleraine, Co. Londonderry in respect of his conduct as a director of Crosskeys Structures Limited (“the company”).
The company acted as a construction/civil engineering service from Office 2 Ringsend Close, Maghera, Co. Derry, BT46 5PZ. The company went into liquidation on 4 September 2015 with an estimated deficiency as regards creditors of £1,473,407. There was a total of £100 owing as Share Capital, resulting in an estimated deficiency as regards members of £1,473,507.
The Department accepted the disqualification undertaking from Eugene Bradley on 31 January 2023 based on the following unfit conduct which solely for the purposes of the disqualification procedure was not disputed:
- Failing to provide explanations to the joint liquidators regarding the large payments / remuneration taken by him;
- Failing to fully co-operate with the joint liquidators by not providing full details of novated contracts;
- Acting as a de-facto director of Crosskeys Structures Limited and breached Article 17 of the Company Directors Disqualification (Northern Ireland) Order 2002;
- Taking excessive remuneration from Crosskeys Structures Limited; and
- Displaying a lack of commercial probity and / or failed to learn from previous insolvencies.
The Department has accepted 13 Disqualification Undertakings and the Court has made one Disqualification Order in the financial year commencing 1 April 2022.
Notes to editors:
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. The period of disqualification commences at the end of 21 days beginning with the day the Disqualification Undertaking was accepted by the Department.
8. To keep up to date with news from the Department for the Economy you can follow us on the following social media channels:
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9. For media enquiries contact the Department for the Economy Press Office at firstname.lastname@example.org .
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