DCSIMG

Company directors disqualifed

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News

The Department of Enterprise, Trade and Investment has disqualified a businessman and businesswoman from being company directors.

Richard John Pollock (44) of Knockancor Drive, Portstewart, a director of York Inn Leisure & Retail Ltd was disqualified for seven years, while Jayne Natasha Doherty (née Harrison) (40) of Eglinton Street, Portrush, agreed to a disqualification for eight years in respect of her conduct as a director of Joyce Estate Agents Limited.

Proceedings are continuing against another director of the latter firm.

Mr Pollock ran the York Hotel at Station Road, which went into liquidation on 31 March 2011 with total assets available for unsecured creditors of £25,085, liabilities to unsecured creditors of £642,243, and an estimated deficiency as regards creditors of £617,158.

After taking into account the losses which were incurred by shareholders, the total estimated deficiency was £617,160.

The Department found that Mr Pollock:

l caused and permitted the company to retain monies totalling £242,619 properly payable to the Crown consisting of £44,102 in respect of PAYE, £60,006 in respect of NIC and £138,511 in respect of VAT for the years 2009/10 and 2010/11;

l caused and permitted the company to misuse its Northern Bank and Barclays Bank accounts by tendering 134 cheques and 25 direct debits totalling £152,034 in the period 28 January 2010 to 25 March 2011 without due regard to their being honoured on presentation. Out of the 134 cheques dishonoured when first presented, 11 cheques with a total value of £20,798 were dishonoured when presented a second time. One cheque for £61 was dishonoured upon presentation three times;

l failed to fully co-operate with the liquidator by not providing final accounts for the partnership which formerly traded as the York and the opening balance sheet position for the company.

The Department has accepted 88 disqualification undertakings, and the court made 12 orders disqualifying directors in the financial year commencing 1 April 2013.

Meanwhile, Jayne Doherty ran an estate agency and house builders from West Street, Portadown, Co. Armagh, and went into liquidation on 18 August 2010 with estimated total assets available for preferential creditors of £29,485, liabilities to floating charge holders of £407,667, liabilities to non-preferential creditors of £794,668, and an estimated deficiency as regards creditors of £1,172,850.

After taking into account the losses which were incurred by shareholders, the total estimated deficiency was £1,172,851.

The Department accepted the disqualification undertaking from Jayne Natasha Doherty (née Harrison) on 18 December 2013 on the following unfit conduct which solely for the purposes of the disqualification procedure was not disputed

The Department found that Ms Doherty:

l caused and permitted the company to make unsecured loans to connected or associated companies to the detriment of creditors;

l failed in her fiduciary duties as a director by causing and permitting the company to erect illegal road signage and incur needless costs over a prolonged period of time in contravention of the legislation regarding advertising;

l obtained loans from the company in contravention of Article 338 of the Companies (Northern Ireland) Order 1986 and Section 197(1) of the Companies Act 2006 of which £268,671 remained unpaid at the date of liquidation;

l submitted a false and misleading Corporation Tax Return to HMRC for the period from 1 October 2007 to 30 September 2008 for the company, resulting in tax relief of £61,988, when this tax should have been payable.

The Department has accepted 81 disqualification undertakings and the court made 10 orders disqualifying directors in the financial year commencing 1 April 2013.

 
 
 

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