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Nine-year disqualification for director, after failing to deliver up accounts to the Liquidator (14 December 2015)

Date: 14/12/2015
Duncan Lewis, Legal News Solicitors, Nine-year disqualification for director, after failing to deliver up accounts to the Liquidator

A company director has been disqualified for nine years, after failing to maintain, preserve and deliver up accounting records after a company was placed into Liquidation.

Marie Louise Hopkins, 56, was a director of CS Solutions (UK) Limited, which was incorporated in March 2011 and traded at 12 Overstone Gardens, Croydon in Surrey.

The company carried out market research and customer satisfaction surveys for Local Authorities, including the London Borough of Southwark. The work was performed by telephone and in face-to-face meetings with customers.

In March 2013, the contract with Southwark ended and CS Solutions was unable to secure another contract. The company ceased trading in December 2013 and was placed into Liquidation in January 2014.

An Insolvency Service investigation found that Ms Hopkins had failed to ensure that CS Solutions (UK) Limited maintained and/or preserved adequate accounting records – and that she had failed to deliver up accounting records to the Liquidator.

The investigation found it was not possible to establish the accuracy and amounts of employee claims in the Liquidation, totalling £77,292 – or explain the difference between activity on the bank account and turnover and expenses in the accounts.

The investigation could also not account for income and expenditure of the company between March 2013 and December 2013 – or verify a claim in the Liquidation for £127,646, made by Ms Hopkins.

It was also not possible to determine the liability to HMRC in respect of VAT, PAYE or NIC.

At the date of Liquidation, CS Solutions (UK) Limited had no assets and estimated liabilities of £311,015.

Chief Investigator at the Insolvency Service, Cheryl Lambert, said:

“Directors have a duty to maintain and preserve adequate accounting records.
They must also deliver these records up to a Liquidator if the company is placed into Liquidation.

“Directors who do not comply with this can expect to be investigated by the Insolvency Service – and enforcement action taken to remove them from the marketplace.

“Ms Hopkins has failed to keep records –
and as consequence, employee claims cannot be verified and income and expenditure cannot be accounted for.

“Taking action against Ms Hopkins is a warning to directors to seriously consider their duties and obligations.”

The Secretary of State accepted an undertaking from Marie Louise Hopkins on 16 November 2015. The disqualification commenced on 7 December 2015.

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