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Restriction order made against shadow director
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High Court grants order restricting three directors of a company in liquidation, to include one de facto or shadow director, where they had failed to file statutory returns, failed to keep proper books and accounts, allowed a large revenue debt to accumulate, and failed to satisfy the court that they had acted responsibly.
Company law - application for declaration of restriction of directors - section 150 of the Companies Act, 1990 - s.819 of the Companies Act 2014 - company leasing and selling waste handling vehicles - ceased trading in 2011 - managing director resigned in 2007, but alleged to be de facto director or 'shadow director' - whether involvement was purely that of a shareholder - revenue debts of €2 million, plus interest and penalties - failure to file statutory returns and audited accounts for three years - failure to keep proper books and records - build up of liabilities to Revenue Commissioners - failure to assist liquidator - inability to locate vehicles belonging to the company - whether directors acted honestly and responsibly.
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