Company directors agree to disqualification undertaking

by
Micheal McKenna
July 6, 2015

An Armagh director is one of two who have been disqualified from acting as a director for nine years for a series of financial issues.

The Department of Enterprise, Trade and Investment accepted disqualification undertakings from the two men in their roles as directors of a company providing refrigeration sales and servicing and the directors of a technical services company.

Undertakings were received for nine years from 62-year-old Eamon Kelly, of Umgola Heights, in respect of his conduct as director of both Husky Ireland Limited and Husky Technical Services Limited.

DETI has also accepted disqualification undertakings for nine years from Philip Kelly, 35, of Rathgannon, Warrenpoint, in respect of his conduct as director of Husky Ireland Limited, and for three years from his wife Catherine Kelly, also aged 35 and of Rathgannon, Warrenpoint, in respect of her conduct as director of Husky Technical Services Limited.

Husky Ireland Limited carried on the business of sales and servicing of refrigeration equipment from premises at Loughway Business Park, Newry and entered liquidation on 30 June 2011 with estimated total assets available for preferential creditors of £325, liabilities to unsecured creditors of £155,292 and an estimated deficiency as regards creditors of £154,967.

After taking into account the losses incurred by members (the shareholders) of the company the estimated total deficiency was £154,971.

Husky Technical Services Limited carried on the business of sales and servicing of refrigeration cabinets from premises at Loughway Business Park, Newry and entered liquidation on 10 May 2012 with estimated total assets available for creditors of £21,355, liabilities to preferential creditors of £796, liabilities to unsecured creditors of £187,823 and an estimated deficiency as regards creditors of £167,264. After taking into account the losses incurred by members (the shareholders) of the company the estimated total deficiency was £267,364.

The Department accepted the disqualification undertaking from Eamon Kelly on 2 June 2015 based on the following unfit conduct which solely for the purposes of the disqualification procedure was not disputed:

· Causing and permitting Husky Ireland Limited to repay his director’s loan account of £60,000, in preference to the general body of creditors;

· Causing and permitting Husky Ireland Limited to fail to pay the sum of £47,315 properly due to Crown consisting of £8,522 in respect of PAYE for the tax years 2008/09 and 2009/2010; £12,449 in respect of NIC for the tax years 2008/09 and 2009/10; and £26,344 in respect of VAT for the tax year 2009/10;

· Causing and permitting Husky Ireland Limited to fail to file Annual Returns for the years ended 19 April 2007, 19 April 2008, 19 April 2009 and 19 April 2010 within the prescribed period and to fail to file an Annual Return for the year ended 19 April 2011 at all;

· Failure to file Annual Accounts for Husky Ireland Limited for the year ended 31 May 2008 within the prescribed time period and failure to file Annual Accounts for Husky Ireland Limited for the year ended 31 May 2010 at all;

· Permitting an un-discharged bankrupt to act as a director of Husky Ireland Limited.

· Causing and permitting Husky Technical Services Limited to transfer assets in the value of £24,000 to an associated company, in preference to other creditors.

· Failure to file Annual Returns for Husky Technical Services Limited for the year ended 21 April 2012.

· Failure to file Annual Accounts for Husky Technical Services Limited for the years ended 30 April 2010 and 30 April 2011.

· Causing and permitting the incorporation of Husky Technical Services Limited, Reg. No. NI072107, as a “phoenix” company so as to take over the business previously carried on by Husky Ireland Limited.

· Repeating a pattern of unfit conduct and / or failure to learn from previous insolvencies.

The Department accepted the disqualification undertaking from Philip Kelly on 2 June 2015 based on the following unfit conduct which solely for the purposes of the disqualification procedure was not disputed:

· Causing and permitting Husky Ireland Limited to repay a director’s loan account of £60,000, in preference to the general body of creditors;

· Acting as a director of Husky Ireland Limited whilst an un-discharged bankrupt.

The Department accepted the disqualification undertaking from Catherine Kelly on 2 June 2015 based on the following unfit conduct which solely for the purposes of the disqualification procedure was not disputed:

· Causing and permitting Husky Technical Services Limited to transfer assets in the value of £24,000 to an associated company, in preference to other creditors;

· Failure to file Annual Returns for Husky Technical Services Limited for the year ended 21 April 2012;

· Failure to file Annual Accounts for Husky Technical Services Limited for the years ended 30 April 2010 and 30 April 2011.

The Department has accepted 13 Disqualification Undertakings and the Court has made four orders disqualifying directors in the financial year commencing 1 April 2015.

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