Four-year ban for Ayrshire company director who failed to pay tax
Brian Wilson, a director of Wester Limited, based in Ayr and trading in Derby, has been disqualified from acting as a company director for four years for taking for himself the money the company needed to pay its tax liabilities.
The disqualification follows an investigation by the Insolvency Service.
Brian Wilson, 43, has given an undertaking to the Secretary of State for Business, Innovation and Skills that he will not act as a director of a limited company for four years from 2 July, as a result of his conduct as director of Wester Limited.
The ban means that Mr Wilson may not be a director of a company or be involved in the management of a company in any way for the duration of his disqualification without leave of the court.
Commenting on the disqualification, Mark Bruce, a Chief Investigator with the Insolvency Service said:
“The undertaking signed by Mr Wilson sends a clear message to other company directors: If your company becomes insolvent because you have not taken seriously your responsibilities as a director when dealing with payment of tax, the Insolvency Service will investigate you and you could be removed from the business environment.”
Wester Limited produced technical documentation for the aircraft industry, and became insolvent in September 2012 owing around £45,576 to HMRC. In giving his undertaking, Mr Wilson did not dispute that he caused the entire extent of the insolvency of the profitable company by taking the money that it needed to pay these liabilities.
Notes to Editors
Brian Eugene Wilson, 43, was director of Wester Limited, which was incorporated in 2007. It was based in Ayr, Scotland and traded Derby, England. Brian Eugene Wilson’s date of birth is 25 February 1971.
Mr Wilson has undertaken not to act in the management of a company for a period of 4 years from 2 July 2014.
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;
- act as an insolvency practitioner; or
- be a receiver of a company’s property.
In addition 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. Further information on director disqualifications and restrictions can be found at https://www.gov.uk/government/collections/information-about-company-director-disqualification
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 from: https://www.gov.uk/government/organisations/insolvency-service
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Published: 12 August 2014
From: The Insolvency Service