The Department of Enterprise, Trade and Investment (the Department) has accepted a disqualification undertaking from the director of a catering company.
Undertakings were received for four years from Jonathan Davis (44) of Somerset Park, Coleraine in respect of his conduct as a director of J&E Catering limited (“the Company”).
The Company carried on business as a bar and restaurant and subsequently a hotel from The York Hotel, Station Road, Portstewart, Co Londonderry and went into liquidation on 28 August 2013 with estimated total assets available to creditors of £nil, liabilities to unsecured creditors of £333,279 and an estimated deficiency as regards creditors of £333,279. After taking into account the losses incurred by members (the shareholders) of the Company the total estimated deficiency was £333,280.
The Department accepted the disqualification undertaking from Jonathan Davis on 24 August 2015 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 £276,379 properly due to the Crown consisting of £46,708 in respect of PAYE for the tax years 2011/12 to 2013/14; £80,896 in respect of NIC for the tax years 2011/12 to 2013/14 and £148,775 in respect of VAT for the tax years 2012/13 and 2013/14;
- Causing and permitting the Company to misuse a company bank account with Barclays Bank in the period from 14 September 2012 to 12 August 2013 by tendering 184 cheques with a total value of £68,385 without due regard to the cheques being honoured on presentation and by failing to ensure sufficient funds to honour direct debits with a total value of £20,011;
- Breaching his fiduciary duty to the Company and/or failing to promote the success of the Company by investing £17,500 in another business for the purpose of an overseas investment for which the Company received no return, at a time when the Company could not afford to meet its liabilities.
The Department has accepted 15 Disqualification Undertakings and the Court has made four orders disqualifying directors in the financial year commencing 1 April 2015.