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Director faces ten-year disqualification for failing to deliver up records (31 March 2016)

Date: 31/03/2016
Duncan Lewis, Crime Solicitors, Director faces ten-year disqualification for failing to deliver up records

The director of a company that received payments from a carbon credits firm that went into liquidation has been disqualified for ten years, after failing to cooperate and deliver up records.

The disqualification of Samuel David Henriot – a director of SH Marketing Ltd (SH) and Tri Star Solutions (London) Limited (Tri Star), based in London – follows an investigation by the Official Receiver at Public Interest Unit, a specialist team of the Insolvency Service.

The Official Receiver’s investigation found that SH and Tri Star both received money from a limited company trading in carbon credits, which had been wound up in the public interest.

No records were delivered to Company Investigations or the Official Receiver to explain why payments of hundreds of thousands of pounds had been paid to SH and Tri Star.

Mr Henriot failed to cooperate with the investigation conducted by the Insolvency Service – and failed to maintain or deliver records to explain receipts and payments through the two companies.

SH Marketing Ltd was incorporated on 1 December 2011 and Tri Star Solutions (London) Limited was incorporated on 4 October 2011.

The petitions to wind up the companies were presented by the Secretary of State for Business, Innovations and Skills in the public interest following an investigation conducted by Company Investigations (Live) – another specialist unit within the Insolvency Service, which uses powers under the Companies Act 1985 (as amended) to conduct confidential enquiries into the activities of live limited companies in the UK, on behalf of the Secretary of State for Business, Innovations & Skills (BIS).

The winding up orders against SH Marketing Ltd and Tri Star Solutions (London) Limited were both made on 18 September 2013.

On 16 March 2016, Registrar Briggs made a disqualification order against Samuel David Henriot for a period of ten years. The period of disqualification will commence on 6 April 2016.

Official Receiver in the Public Interest Unit, Paul Titherington, said:

“Company directors have a duty to cooperate with Company Investigations and the Official Receiver – and they also have a duty to maintain records to explain the company’s financial transactions and deliver these records to the Official Receiver.

“As a result of the lack of records, it has not been possible to ascertain what creditors SH and Tri Star had – and there may be creditors I am presently unaware of.”

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