John and Tracy Williams have been disqualified for a combined 14 years for failing to make over 60,000 worth of payments to HMRC.
John Williams, of Stirlingshire, has been disqualified for 10 years for acting as a company director of Weldtek QA Limited whilst he was disqualified and failing to make payments to HM Revenue & Customs (HMRC).
His wife Tracy Williams who was the sole appointed director of Weldtek QA Ltd has also been disqualified for 4 for abrogating her duties and allowing John Williams to act as a director whilst he was disqualified and whilst also allowing him to trade the company to the detriment of HMRC.
The company traded from Standburn, Falkirk in Non-Destructive Testing and failed to make payments to HMRC for Corporation Tax, VAT, PAYE and NIC totalling 68,514.
On 26 April 2016, the Secretary of State accepted a disqualification Undertaking from John Williams, from 17 May 2016 for 10 years.
On 3 May 2016, the Secretary of State accepted a disqualification Undertaking from Tracy Williams from 25 May 2016 for a period of 4 years.
The matters of unfitness, which Mr Williams did not dispute in the Disqualification Undertaking, were that from at least 18 March 2013 to 29 May 2014, he acted as a director or was involved in the management of Weldtek QA Limited whilst disqualified.
On 10 October 2012, Mr Williams had given an undertaking to the Secretary of State for Business, Innovation and Skills, which came into force on 31 October 2012, that for a period of 3 years and 6 months he shall not be a director of a company, act as a receiver of a companys property, or in any way, whether directly or indirectly, be concerned or take part in the promotion, formation or management of a company unless he has the leave of the court. Mr Williams therefore did not have leave of the court to act as a director.
The disqualifications effective from 17 May 2016 for John Williams and 25 May 2016 for Tracy Williams prevent them from directly or indirectly becoming involved in the promotion, formation or management of a company for the duration of the term.
Among the matters of unfitness, which Mr Williams did not dispute in the Disqualification Undertaking were that he acted as a director or was involved in the management of Weldtek QA Limited whilst disqualified, having given undertaking to the Secretary of State for Business, Innovation and Skills, not to do so for three years and 6 months, from 31 October 2102.
Furthermore, he caused Weldtek QA Limited to trade to the detriment of HMRC and failed to ensure the company made full payments due to HM Revenue & Customs HMRC) in respect of Corporation Tax, VAT, PAYE and NIC as a result of which HMRC are owed 68,514 at liquidation.
Among the matters of unfitness, which Mrs Williams did not dispute in the Disqualification Undertaking were that from at least March 2013 to May 2014, she was the sole appointed director of the company, notwithstanding this, she abrogated her duties throughout the period to John Williams, including allowing him to act as a director of a company while disqualified.
Commenting on the disqualification, Robert Clarke, Investigations Group Leader at The Insolvency Service said:
Directors who ignore disqualification orders made against them, and those who provide cover for them to continue to run limited companies, will be vigorously pursued by The Insolvency Service. The lengths of the Disqualification Orders in this case send a clear message as to the serious view taken by the Court of such corporate impropriety.
In addition, Company directors should be under no illusion that it is a criminal offence for persons to act as company director whilst disqualified. They should be in no doubt that The Insolvency Service will investigate and the Department for Business will prosecute those who choose to ignore this warning. A disqualified director who continues to act as a director when explicitly restricted from doing so, shows a total disregard for the insolvency regime, creditors and the business community.