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The show’s over for disqualified director (Insolvency Service)

The show’s over for disqualified director

12 August 2016

Eleanor Mary Wilson, director of a community arts centre and music venue, has been disqualified from acting as a director for five years.
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The sole director of a community centre for arts and live music in Hackney has been disqualified from acting as a director of a limited company for a period of five years for failing to pay tax and failing to properly maintain and/or deliver up the company’s accounting records.

The High Court of Justice made an Order disqualifying Eleanor Mary Wilson for 5 years, on 11 May 2016, after Ms Wilson failed to attend or respond to the Secretary of State for Business, Innovation and Skills’ application for the Disqualification Order.

An Insolvency Service investigation found that Ms Wilson had been the sole director of Passing Clouds Limited from March 2011 and that she failed to deliver up accounting records to explain cash withdrawals and transactions debiting the company bank account totalling more that £80,000.

The company also failed to pay sufficient monies to HMRC in respect of VAT and PAYE/NIC throughout its period of trading which resulted in a debt due to HMRC of more than £170,000.

Robert Clarke, Head of Insolvent Investigations North, which is part of the Insolvency Service, said:

Directors have a duty to ensure that their companies maintain proper accounting records, and, following insolvency, deliver them to the office-holder in the interests of fairness and transparency. Without a full account of transactions it is impossible to determine whether a director has discharged their duties properly, or is using a lack of documentation as a cloak for impropriety. This director has paid the price for failing to do that, as she cannot now carry on in business other than at her own risk.

Furthermore, directors who fail to submit returns or pay their taxes gain an unfair advantage over other businesses who are doing the right thing and paying the money they owe.

Notes
Passing Clouds Limited (CRO No. 07586030) was placed into creditors’ voluntary liquidation on 15 August 2013 with assets £5,000 and liabilities £181,539, leaving a deficiency of £176,539, of which £172,809 was due to HMRC. The company traded as a community arts centre and live music venue from Hackney, London.

A Disqualification Order was made in the High Court of Justice, Chancery Division on 11 May 2016 which disqualified Eleanor Mary Wilson from acting as a director for a period of 5 years. The order comes into effect on 01 June 2016.

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