A board member of a Derry call centre has been disqualified from being a company director for seven years.
The Department of Enterprise, Trade and Investment has accepted a disqualification undertaking from Declan O’Donnell (43) of Ballylawn, Manorcunningham, Co. Donegal in respect of his conduct as a director of Censys Limited.
Proceedings are continuing against another two directors.
The company carried on the business of a call centre from The Rosemount Factory, Rosemount Avenue, and went into liquidation on 11 July 2011 with estimated total assets available for preferential creditors of £104,780, liabilities to preferential creditors of £19,815, liabilities to unsecured creditors of £799,217, and an estimated deficiency as regards creditors of £714,252. After taking into account the losses incurred by members (the shareholders) of the Company the total estimated deficiency was £715,252.
The Department accepted the disqualification undertaking from Declan O’Donnell on 25 November 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 a total of £591,072 due to the Crown as at the date of liquidation consisting of £412,099 in respect of PAYE and £178,973 in respect of NIC for the years 2010/11 and 2011/12;
drawing remuneration in excess of what the Company could afford to pay and that this caused the insolvent position of the Company to the detriment of the creditors;
causing and permitting the company to fail to file the Annual Returns for the company in respect of the periods made up to 17 November 2002, 17 November 2003, 17 November 2005, 17 November 2006, 17 November 2007, 17 November 2008, and 17 November 2009 on time.
The Department has accepted 80 Disqualification Undertakings and the Court has made 10 orders disqualifying directors in the financial year commencing 1 April 2013.
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