Hi All,
I am normally just a reader not a poster, I personally was not at any
financial loss due to KW's actions or EM(I)L's demise, however I have been
financially hit by the miss dealings of another unscrupulous MD of a
different company.
Though there may be little the police can do in most cases, especially if
there is a lack of documented evidence or such like, there is action those
wronged could take provided they have some proof.
If the director of a company is at fault they can be disqualified from
holding that position in any other companies or from setting up a company...
It is generally up to the receiver to start proceedings against the Director
of a company: -
=================
When can disqualification occur?
When a company has failed, the OR (or IP in a creditors' voluntary
liquidation, an administrative receivership or an administration) has to
send the Secretary of State a report on the conduct of all directors who
were in office in the last 3 years of the company's trading. The Secretary
of State has to decide whether it is in the public interest to seek a
disqualification order. Any application is heard and decided by the court.
Examples of conduct which may lead to disqualification include:
. continuing to trade to the detriment of creditors at a time when the
company was insolvent
. failure to keep proper accounting records
. failure to prepare and file accounts or make returns to Companies House
. failure to submit tax returns or pay over to the Crown tax or other money
due
. failure to co-operate with the OR/IP.
=================
However if you have proof you can officially voice your concerns and seek
advice from The Disqualification Unit, The Insolvency Service, PO Box 203,
21 Bloomsbury, Street, LONDON, WC1B 3QW - Tel : 0207 291 6806
Likewise those who feel the Receiver acted out with their remit or
incorrectly they should report it to the appropriate government bodies.
You could also see: -
http://www.creditman.co.uk/insolven/director.html
http://www.insolvency.gov.uk/directordisqualificationandrestrictions/whatisd
isqualification.htm
http://www.insolvency.gov.uk/index.htm
Regards,
Paul
-----Original Message-----
From: owner-europa-list-server@matronics.com
[mailto:owner-europa-list-server@matronics.com] On Behalf Of Alan Burrows
Subject: RE: Europa-List: RE: (Without Prejudice)
--> <alan@kestrel-insurance.com>
Are we just simply moaning amongst ourselves here or are we passing these
comments to Graham Newby, because if not, then the PFA will simply think we
have gone away. I for one have no problem with him taking pictures and
giving them to the PFA for free. My very real problem would be if he ever
managed to get himself back into a position of authority within a company,
because if we allow him to walk back into favour with the PFA as though
nothing has happened, then that's the next step for him. He is probably one
of the most incompetent managers I have ever come across, and believe me in
25yrs of running companies and working as a business advisor for the DTI, I
have come across plenty in my time.
For this reason its important that we make our feelings plain to the PFA and
continue to do so, because if not he will re-appear somewhere else in the
next couple of years blaming everyone but himself and then we could all be
sorry, so PLEASE guys be prepared to stand up and be counted. How would you
feel if he popped up again running an aircraft magazine that you wanted to
sell your aircraft in, or worst still a parts company when you really needed
that part.. Would you really be happy to give him your credit card
details..!
-----Original Message-----
From: owner-europa-list-server@matronics.com
[mailto:owner-europa-list-server@matronics.com] On Behalf Of David Hillam
Subject: Re: Europa-List: RE: (Without Prejudice)
--> <sqwk7000@cotswoldwireless.co.uk>
Hi All,
We have heard a lot of evidence over the last few days that seems to be
pretty unequivical. Has this evidence been presented to the police in the
UK? I would assume that as the alleged offence took place in Yorkshire, it
is the Yorkshire Constabulary that should receive it.
If this has already been done, what was their response?
David
G-SHSH
> A quick google suggests that "insolvent trading" as a crime is a
> British thing, popping up also in Australia and NZ, but not in the
> U.S. However, legal articles outside the U.S. cite that it's
> typically very difficult to prove insolvency in a small company as
> being known beyond a reasonable doubt to the defendant, and further
> that his actions were done with criminal intent. As a civil matter in
> the U.S., on a failed UK company, the case is a loser alone on the
> issue of enforceability of a judgment, and there may be no "U.S.
> nexus" for our courts' jurisdiction anyway.
>
> Reg,
> Fred F.
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