Construction business directors agree to disqualification

THE Department for the Economy (the Department) has accepted Disqualification Undertakings from the directors of a construction business.

The undertakings were received for six years from Barry James Toal (31), of Duneane Road, Toomebridge and six years from James Daniel Toal (57), of Duneane Road, Toomebridge, in respect of their conduct as directors of J and P Toal Limited (“the Company”).

The Company traded in the supply of specialist manufacturing jobs for various concrete companies from Duneane Road, Toomebridge, and went into Liquidation on 10th November 2016 with an estimated deficiency as regards creditors of £475,521.92.

The Department accepted the Disqualification Undertaking from Barry James Toal on 9 January 2020 based on the following unfit conduct which solely for the purposes of the disqualification procedure was not disputed:

Causing and permitting J and P Toal Limited to operate a policy of discrimination against the Crown, in that from 2012/13 to the date of liquidation the Company retained monies totalling £446,674.14 in respect of PAYE / NIC and VAT which was properly payable to the Crown;

Failing in their stewardship of the Company’s financial affairs, by failing to ensure that J and P Toal Limited had a PAYE system in place for its employees; and

Failing to maintain and / or preserve and / or deliver up adequate accounting records which were sufficient to show and explain the Company’s transactions and were such as to disclose with reasonable accuracy, at any time, the financial position of the Company contrary to Article 386 of the Companies Act 2006.

The Department accepted the Disqualification Undertaking from James Daniel Toal on 9 January 2020, based on the following unfit conduct which solely for the purposes of the disqualification procedure was not disputed:

Causing and permitting J and P Toal Limited to operate a policy of discrimination against the Crown, in that from 2012/13 to the date of liquidation the Company retained monies totalling £446,674.14 in respect of PAYE / NIC and VAT which was properly payable to the Crown;

Failing in their stewardship of the Company’s financial affairs, by failing to ensure that J and P Toal Limited had a PAYE system in place for its employees; and

Failing to maintain and / or preserve and / or deliver up adequate accounting records which were sufficient to show and explain the Company’s transactions and were such as to disclose with reasonable accuracy, at any time, the financial position of the Company contrary to Article 386 of the Companies Act 2006.

The Department has accepted nine Disqualification Undertakings in the financial year commencing 1 April 2019, a press release said.

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