Failing to keep company records results in disqualification for husband and wife

Mr Mohammed Miah and Mrs Anwara Miah were both the directors of Murrayfield Developments Limited (MDL) which was incorporated in 2004 and traded as The Original Raj Hotel in Edinburgh. The company stopped trading in November 2015 and since then has been put into liquidation.

After the liquidation, the Insolvency Service started an investigation into MDL which led to a trial at the court.

The Insolvency Service discovered that MDL failed to preserve or deliver company account records to the liquidator, which by law they are required to do. As a result of the lack or records, the Insolvency Service investigators were not able to account for payments worth £1 million which were paid out of the company’s bank account. It was also found that Mr and Mrs Miah owed HMRC a total of £228,920 in tax debt after carrying on MDL to trade after it was made insolvent.

The Sherriff granted a disqualification order against both Mr and Mrs Miah from 6 March 2018 – 6 March 2025.

Robert Clarke head of company investigations at the Insolvency Service said:

‘Directors have a duty to ensure that their companies maintain proper accounting records, and, following insolvency, deliver them to the office holder in the interest of fairness and transparency.

Without a full account of transactions it is impossible to determine whether a director has discharged his duties properly, or is using lack of documentation as a cloak for impropriety.’

For more information on bankruptcy, liquidation, administration and all the other insolvency procedures, or to take advantage of our free consultation, please telephone Stella Flemmings on 01377 257788, 01724 230060 or 01904 520116 and she will make you an appointment with one of our insolvency professionals at our Driffield, Scunthorpe or York offices.

Comments are closed.