Disqualified directors land further bans
Martyn Thackwell and Emrys Matthews, directors of Trimstar Limited, an industrial paint spraying company, have each been banned from acting as directors for a further 10 years for acting as directors when they were already disqualified. Dorothy Ann Matthews has also been disqualified for 4 years for allowing them to do so.
The disqualifications, which started on 2 January 2015, 7 January 2015 and 2 February 2015 respectively, also prevent Mr Thackwell (61), Mr Matthews (66) and Mrs Matthews (63) from directly or indirectly becoming involved in the promotion, formation or management of a company for the duration of the terms.
Mr Thackwell and Mr Matthews had been disqualified from acting as directors for 5 years from 23 August 2012 following the Liquidation of Abbey Coatings Limited.
They resigned as directors of Trimstar Limited on 22 August 2012, but continued to act as directors until the company went into liquidation on 15 November 2013.
Between 1 February 2013 and 15 November 2013 Dorothy Ann Matthews abrogated her responsibilities as director, allowing Mr Thackwell and Mr Matthews, whilst not formally appointed, to act as directors and in the management of Trimstar whilst they were disqualified.
Commenting on the disqualification, Susan MacLeod, Chief Investigator at The Insolvency Service, stated:
When investigating companies’ affairs, the Insolvency Service does not just look at those listed as directors at Companies House. Anyone who acts as a director will be considered. If found to have been managing the company in breach of an existing ban, they can expect to be pursued rigorously and subject to an even longer ban.
Directors who have little to do with the running of a company should also be aware that if they allow the company to be managed by others who are banned from acting as directors, they may be failing in their own obligations as company directors.
Notes to editors
Trimstar Limited (CRO No. 05447574) was incorporated on 8 May 2005 and started to trade in May 2010 following the failure of Abbey Coatings Limited (CRO No. 04039133). It traded as an industrial paint sprayer from Unit 25, Evans Business centre, Western Industrial Estate, Caerphilly CF83 1BE and this was its registered office. It went into liquidation on 15 November 2013.
Martyn Thackwell and Emrys Matthews were appointed directors on 10 May 2005 and resigned on 22 August 2013. Robert David jenkins and Malcolm Arthur Prentis were appointed directors on 22 August 2012 and resigned on 7 September 2012.Dorothy Ann Matthews was appointed on 1 February 2013.
Martyn Thackwell is of Pontyclun and his date of birth is 1 December 1953.
Emrys Matthews is of Cardiff and his date of birth is 8 November 1948.
Dorothy Ann Matthews is of Cardiff and her date of birth is 5 March 1951.
The Company went into Creditors Voluntary Liquidation on 15 November 2013 with assets of £4,469, Liabilities of 155,113, share capital of £2 and a total deficiency of £150,646.
A disqualification order has the effect that without specific permission of a court, a person with a disqualification cannot:
- act as a director of a company
- take part, directly or indirectly, in the promotion, formation or management of a company or limited liability partnership
- be a receiver of a company’s property
In addition that person cannot act as an insolvency practitioner and there are many other restrictions are placed on disqualified directors by other regulations. Disqualification undertakings are the administrative equivalent of a disqualification order but do not involve court proceedings.
The Full matters of Unfitness within the Undertakings were that:
- between 23 August 2012 and 15 November 2013 Martyn Thackwell and Emrys Matthews acted as directors and in the management of Trimstar Limited without leave of the Court whilst subject to a disqualification undertaking
- between 1 February 2013 and 15 November 2013 Dorothy Ann Matthews abrogated her responsibilities as director, allowing two others, whilst not formally appointed, to act as directors and in the management of Trimstar whilst they were disqualified
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.
Published: 3 March 2015
From: The Insolvency Service