Mr Smith’s co director Anna Victoria Hardaker (“Mrs Hardaker”) the de jure director, has been disqualified for 5 years for allowing Mr. Smith to act as a director whilst he was banned from doing so.
Mr. Smith’s and Mrs Hardaker’s disqualifications follow an investigation by the Insolvency Service.
The investigation showed that a Disqualification Undertaking was given by Mr Smith in April 2011. Despite knowledge of the restrictions he was subject to he continued to act as a director of AMK without leave of the Court, in breach of the restrictions.
Commenting on the disqualification, Sue Macleod, Chief Investigator at the Insolvency Service, said:
“This result should make it very clear to disqualified directors that merely registering their resignation, while not changing their role in a company, will lead to further censure.”
Mr Smith (55) has given an undertaking to the Secretary of State for Business, Innovation & Skill, which prevents him from becoming directly or indirectly involved in the promotion, formation or management of a company for 9 years from 10 November 2014. Mrs Hardaker (33) has given a similar undertaking for 5 years from 10 November 2014.
In giving his undertaking, Mr Smith accepted that:
- Between 29 April 2011 and 8 November 2012, he acted as a director of AMK Developments Limited without leave of the court whilst he was subject to a disqualification undertaking.
In giving her undertaking, Mrs Hardaker accepted that:
- Between 29 April 2011 and 8 November 2012, she allowed a third party to act as a director of AMK Developments Limited without leave of the court whilst he was subject to a disqualification undertaking.
Notes to editors
AMK Developments Limited (CRO No. 06145448) was incorporated on 8 March 2007. The company traded from Churchill Farm, Dale Road, Haverfordwest, Pembrokeshire, SA62 3AD; this was also the registered office.
Michael George Vaughan Smith was a formally appointed director between 8 March 2007 and 17 July 2008. He is of Haverfordwest and his date of birth is 13 June 1959.
Anna Victoria Hardaker was appointed director on 8 March 2007. She is also of Haverfordwest and her date of birth is 18 September 1981.
The company went into Liquidation on 8 November 2012. On 20 October 2014 the Secretary of State accepted a Disqualification Undertaking from Mr. Smith, effective from 10 November 2014, for a period of 9 years. On 20 October 2014 the Secretary of State accepted 5 year Disqualification Undertaking from Mrs Hardaker, effective from 10 November 2014.
The Insolvency Service administers the insolvency regime, investigating all compulsory liquidations and individual insolvencies (bankruptcies) through the Official Receiver to establish why they became insolvent. It may also use powers under the Companies Act 1985 to conduct confidential fact-finding investigations into the activities of live limited companies in the UK. In addition, the agency authorises and regulates the insolvency profession, deals with disqualification of directors in corporate failures, assesses and pays statutory entitlement to redundancy payments when an employer cannot or will not pay employees, provides banking and investment services for bankruptcy and liquidation estate funds and advises ministers and other government departments on insolvency law and practice.
Further information about the work of the Insolvency Service, and how to complain about financial misconduct, is available.