Barry Curran (27) of Blackwatertown Road, Armagh was disqualified in respect of his conduct as a director of Bannview Limited.
The Company carried on the business of skip hire, recycling of waste and the haulage of sludge from Blackwatertown Road, Armagh and went into liquidation on 17 June 2010 with estimated assets of £1,510, liabilities of £241,684 to non-preferential creditors, and an estimated deficiency as regards creditors of £240,174. After taking into account the losses incurred by members (the shareholders) of the Company the total estimated deficiency was £240,176.
The Department accepted the disqualification undertaking from Barry Curran on 22 January 2013, based on the following unfit conduct which solely for the purposes of the disqualification procedure was not disputed:
- causing and permitting the Company to retain Crown monies in the sum of £81,421 in respect of VAT for the years 2008/09 to 2010/11;
- failing to fully co-operate with the Official Receiver in that he failed to submit a Statement of Affairs pursuant to Article 111 of the Insolvency (NI) Order 1989, failed to submit accounting books and records and failed to explain satisfactorily a material deficiency;
- failing to operate a bank account for the Company and causing and permitting the Company to process company funds through the bank accounts of a separate company Bannview Tankers Limited;
- causing and permitting the Company to transfer assets in the value of £46,000 to his father, in preference to other creditors;
- causing and permitting the Company to fail to file an Annual Return for the year ended 9 May 2006 within the prescribed period and to fail to file Annual Returns for the years ended 9 May 2007, 9 May 2008, 9 May 2009 and 9 May 2010 at all;
- failing to file accounts for years ended 31 May 2006, 31 May 2007, 31 May 2008 and 31 May 2009.
The Department has accepted 62 Disqualification Undertakings and the Court has made 24 orders disqualifying directors in the financial year commencing April 1, 2012.