Thursday 17:34
The director of a business analysis and design consultancy, which failed with total debts estimated at £44,000, has given an Undertaking not to hold directorships or take any part in company management for three and a half years.
The Undertaking by Basil Torczynowycz, age 39 of South Godstone, Surrey was given in respect of his conduct as a director of Sandown Consultancy Services Limited which traded from premises at Chapel Cottage, 4 The Grange, Eastbourne Road, South Godstone, RH9 8JQ.
Acceptance of the Undertaking on 2 December 2004 prevents Mr Torczynowycz from being a director of a company or, in any way, whether directly or indirectly, being concerned or taking part in the promotion, formation or management of a company for three and a half years.
Sandown Consultancy Services Limited was placed into compulsory liquidation by Order of the High Court of Justice on 18 June 2003. The company has an estimated total deficiency of £44,000.
The Insolvency Service, on behalf of the Secretary of State for Trade & Industry, has responsibility (under Section (6) of the Company Directors Disqualification Act 1986) for the investigation of the conduct of directors of failed companies and for the disqualification of those who are considered to be unfit to be involved in the management of companies in the future
Matter of unfit conduct, not disputed by Basil Torczynowycz were that he caused:
* Sandown to trade to the detriment of the Inland Revenue from February 2000 by making inadequate payments towards PAYE and National Insurance contributions for the years 1999/00, 2000/01 and 2001/02, and Corporation Tax due for the years ended 31 March 1999, 31 March 2000 and 31 March 2001;
* £63,251 to be due to the Inland Revenue at the date of liquidation.
* the late submission of statutory returns in respect of PAYE, NIC and Corporation Tax for the years 1999/00, 2000/01 and 2001/02.
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Notes to Editors
1. Official Receivers deal with the administration and investigation of companies that are put into liquidation by Order of the Court. Official Receivers report on the conduct of the directors of those companies, working to identify behaviour that might make those directors unfit to be involved in company management in the future.
2. The Insolvency Service considers the Official Receiver's reports and acting on behalf of the Secretary of State directs the Official Receiver to take disqualification action against directors where appropriate.
3. A court can disqualify directors from directorships and involvement in the management of companies for between two and 15 years for unfit conduct. If a director breaches a Disqualification Order they can be prosecuted and may be punished by a fine, a prison sentence of up to two years, or both, and may be made personally liable for the company debts.
4. Directors who accept that their conduct is unfit can give an Undertaking to the Secretary of State that they will not become involved as a director or in the management of a limited company for an agreed period of between two and 15 years. This avoids a court process, but the penalties for breach of an undertaking are the same as for breach of a court order.
5. Companies House maintains a public register of disqualified directors that can be viewed at http://www.companieshouse.gov.uk. Addresses given are these correct at the time of the company failure, but may not now be current.
6. Members of the public who think that they know of any person who is acting in breach of a Disqualification Order or Undertaking should report that person's details to The Insolvency Service Disqualified Directors Hotline on 0845 601 3546 (24 hour message service). General enquires to The Insolvency Service should be addressed to the General Enquiries Help line on 020 7291 6895.
For further information about the Insolvency Service and disqualification see http://www.insolvency.gov.uk
Issued in behalf of the Insolvency Service by the Government News Network South East.
Regional news releases for Government departments can be viewed at http://www.gnn.gov.uk
Client ref INSS/11/12
