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Director handed second ban after breaching conditions of first disqualification (10 October 2016)

Date: 10/10/2016
Duncan Lewis, Legal News Solicitors, Director handed second ban after breaching conditions of first disqualification

The director of a Middlesbrough-based shop fitting company has been handed an eight-year disqualification, after breaching the terms of an earlier disqualification.

David Thompson, 55, of Acklam in Middlesbrough was disqualified in November 2013, but continued to act as a director in the successor company to his company Interior Service Solutions Ltd – a company called Concept 9 Ltd.

As the director of Interior Service Solutions Ltd, Thompson had previously given an undertaking to the Secretary of State for failing to comply with the company’s statutory obligations to HMRC and allowing the company to trade to the detriment of HMRC.

Thompson’s disqualification was from 25 November 2013 to 24 May 2017.

An investigation by the Insolvency Service discovered that, despite not being an appointed director of Concept 9 Ltd, Thompson continued to act as a director in controlling the affairs of the company – including being the key official who dealt with the bank, signing the vast majority of cheques issued and dealing with queries from HM Revenue and Customs (HMRC).

On 16 August 2016, Thompson gave a further undertaking to the Secretary of State for Business, Energy and Industrial Strategy not to act as a director for eight years from 6 September.

Concept 9 Ltd was placed into creditors’ voluntary liquidation on 9 February 2015, owing creditors £298,346. The company traded as shop fitters to the haulage and security industries from Barton Road, Riverside Industrial Estate in Middlesbrough.

Robert Clarke, Group Leader of Insolvent Investigations North – part of The Insolvency Service – said:

“Directors who ignore disqualification undertakings that they have previously given – and those who provide cover for them, to allow them to continue to run limited companies – will be vigorously pursued by The insolvency Service.

“The length of the undertakings in this case sends a clear message to the business community that such actions will not be tolerated.”

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