Seven year ban for director who failed to make sure company maintained adequate accounting records
Daniel Mark Holloway, the sole registered director of Holloways Contract Services, based in Romford, Essex, has been disqualified from acting as a company director for 7 years for failing to adequately explain cash withdrawals from the company’s accounts.
Following an investigation by the Insolvency Service into his conduct as director of Holloways Contract Services Limited, Daniel Mark Holloway, 32, has given an undertaking to the Secretary of State for Business, Innovation and Skills not to be a director of a company or be involved in the management of a company in any way for 7 years from 20 October 2014, without leave of the court.
Commenting on the disqualification, Mark Bruce, a Chief Investigator with the Insolvency Service said:
The undertaking signed by Mr Holloway sends a clear message to other company directors: If you fail to comply with statutory legislation in that company records are not maintained sufficiently enough to explain all transactions especially cash and you have not taken your responsibilities as a director seriously, the Insolvency Service will investigate you and you could be removed from the business environment.
Holloways Contract Services Limited was formed in July 2004 as building contractors in the commercial sector. The company went into liquidation in July 2012 with a deficiency in excess of £1 million.
In giving his undertaking, Mr Holloway did not dispute that the company’s records included certain invoices which did not adequately explain cash withdrawals of £272,345 during the period of 7 October 2011 to 20 December 2011.
Notes to editors
Daniel Mark Holloway, 32, was director of Holloways Contract Services Limited which was incorporated in 2004. It was based and traded from Romford, Essex. Daniel Mark Holloway’s date of birth is 15 May 1982.
Mr Holloway has undertaken not to act in the management of a company for a period of 7 years from 20 October 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
- 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 is available.
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: 14 November 2014
From: The Insolvency Service