Disqualified Director | Suspended Sentence | Kangs Director Offences Defence Solicitors
Andrew Brian was recently sentenced to twelve months suspended prison term after pleading guilty to running a company in breach of a Directorship Disqualification Order whilst his son, Thomas Brian, and long term associate, Stephen O’Connor, received Community Orders.
Timothy Thompson of Kangs Solicitors sets out the reported circumstances.
The Background | Kangs Company Law Offences Defence Solicitors
- Met Euro Limited (‘the company’), was recorded at Companies House as having two directors, namely Stephen O’Connor and Thomas Brian.
- Following financial difficulties, the company entered into Creditors’ Voluntary Liquidation in March 2014 following which an Insolvency Service investigation was conducted.
- It was discovered that the day-to-day control of the company was in fact being conducted by Andrew Brian who had previously been disqualified in 2009 from holding the position of director in any company, having caused a previous company to default in paying a large amount of tax.
The Criminal Offence | Kangs Director Disqualification Solicitors
- A Disqualification Order prohibits an individual from acting as a director of a company, as a receiver of a company's property or in any way, whether directly or indirectly, being concerned in or taking part in the promotion, formation or management of a company without prior leave of the court.
- It is a criminal offence to act in contravention of a Disqualification Order or Disqualification Undertaking and is punishable by up to a maximum of two years imprisonment an unlimited fine or both.
Insolvency Service Comment | Kangs Insolvency Offences Defence Solicitors
John Ingham, Criminal Investigator for the Insolvency Service, said:
“Not only did Andrew Brian abuse the company accounts for personal benefit, he sought to conceal his actions behind others, including his own son.
“This sentence should serve as a clear warning to other rogue directors, including those that help them carry out their illegal activities, that running a company while banned is a serious offence and could land you with a criminal conviction.”
Who Can I Contact For Help? | Kangs National Criminal Defence Solicitors
The team at Kangs Solicitors regularly assists companies and their directors who breach the strict requirements of company legislation and provides guidance and support to those facing investigation and prosecution.
Please feel free to contact our team through any of our solicitors named below who will be happy to provide you with some initial advice and assistance.