Naeem Javed was a director of Petal (Scotland Ltd (PSL) , from 2004 until the company ceased trading on or around 20 July 2016 and went into liquidation on 29 November 2016.
Once the company entered liquidation, Mr Javed failed to deliver up the company’s accounting records as required by insolvency law. This hampered the investigation and the potential recovery of assets for the benefit of creditors.
An investigation by the Insolvency Service, following the conclusion of the liquidation, found that between 23 December 2015 and 31 December 2015 Mr Javed removed funds totalling £85,000 which had been obtained through false indemnity claims resulting in a loss to the company’s bank.
It was also found that between 13 April 2016 and 31 May 2016 Mr Javed used the company to obtain Marks & Spencer gift cards on credit, at a time when the company had unpaid liabilities of at least £161,077 and insufficient funds to pay for these. This resulted in a loss of £90,000 to the creditor.
On 27 April, Mr Javed gave an undertaking to the Secretary of State for Business, Energy & Industrial Strategy, which, from 18 May 2018, prevents him from directly or indirectly becoming involved, without the permission of the court, in the promotion, formation or management of a company or limited liability partnership for 11 years.
Robert Clarke, Head of Company Investigation at the Insolvency Service said:
The Insolvency Service will rigorously pursue company directors who deliberately defraud their stakeholders for their personal gain. Fair treatment of business partners and creditors is essential for business confidence which is, in turn, essential for economic growth.
The substantial period of the undertaking agreed illustrates that Mr Javed has paid the price for his conduct, and cannot now carry on in business other than at his own risk.
Notes to editors
Petal (Scotland) Ltd (Company No. SC273151) traded as a Spar convenience store from premises at 1357-1359 Barrhead Road, Glasgow.
The company was incorporated in 2004 and was ordered into compulsory liquidation in December 2016.
Mr Javed’s date of birth is February 1972. He was appointed director of PSL on 15 October 2004 and remained in office until the date PSL ceased to trade.
Mr Javed signed an undertaking for 11 years, which was agreed on 27 April 2018. The disqualification commences on 18 May 2018 and is effective until 18 May 2029.
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
Disqualification undertakings are the administrative equivalent of a disqualification order but do not involve court proceedings. Persons subject to a disqualification order are bound by a range of other restrictions.
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 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.
Media enquiries for this press release – 020 7674 6910 or 020 7596 6187
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