Advice needed re companies liquidated but directors still trading

royalbaby

Registered User
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Hi everyone,

This is a long one so bear with me, hope it comes out clear and hope i am in the right section - this is my query would love opinions/thoughts:

Company 1 set up in 2009 and took over lease of hotel. Director A also runs another business as a sole trader in same county. All well for first year or so, then slowly starts not paying suppliers etc, in June 2012 Director A sets up a new Company (call it company 2) but this time does not go as director himself – his friend and silent partner from the other business is named as director. From June 2012 until December 2012, the company runs this business into the ground basically, staff were rarely paid, suppliers/landlords/revenue etc were not paid at all. In December business was shut down, the employee’s fought for the next 2 months to get these 2 men to put the company into liquidation so that they could claim against the insolvency fund and at least salvage some of their money as they got no wages/holiday/bank holiday/redundancy/notice pay. Now for these months that the new company was set up the first director of Company 1 still ran the business –he wasn’t on payroll and didn’t invoice the company – it was a cash business – he took all cash and to this day we don’t know where it is – approx 700,000 minimum.

So company 2 is liquidated in February 2013 – employees get some money from insolvency fund from liquidators but no one else got paid.

Here is my question, these 2 men – director 1 from company 1 and director 2 from company 2 still run a cash business in the county – it is trading as a sole trader for director 1. This week, they have opened 2 more business – both cash business (shops etc) in the county and are trading – is this allowed can anyone tell me? Surely they owe so much debt to suppliers/employee’s/revenue etc how can they be still allowed to trade in the county and now have 3 businesses bringing in a big sum of cash daily. I will presume that both these new businesses are sole traders (well to be honest i doubt any of them will be declared)

Also worth noting is that director 1 also took over another venture last summer – ran the cash business for 4 months during summer periods and closed – never paid rent/staff/vat etc - i presume this is what they will do for the 2 new business this summer but is there any way they can be stopped?!
 
* If you know the company name check it with the CRO (www.cro.ie) establish who are the Directors and shareholdings if that info. is there.
*I think Company 1 continues to trade ?, check with the CRO on status.
*Contact both Revenue and the Collector-Generals office in Limerick and make a good citizen report with both sections, provide the information you provided in your post with other detailed and very specific info. that you cannot disclose here.
* Contact the local council rates section and advise them of the fly by night history, they will want the rates paid on those retail units and the sooner the rates collector calls the better.

I have little time for those that flout the system with little regard for suppliers or staff or indeed others that try to operate legitimately and totally understand your angst.
 
Thanks palerider for your reply.

Yes I have all very specific details, pps numbers etc of directors, just double checked the wording on CRO there and Company 1 is "dissolved" and Company 2 is "liquidation".

Do you think my local Revenue office then to contact? I tried searching the revenue website and couldn't find anywhere to report suspected fraud as such.

Council - thanks - brilliant idea - will definitely do this tomorrow!

So, checking cro and basically searching everything I can think of on the internet, i would be near positive that these 2 men do not have a company trading at the moment - therefore they are in effect "sole traders" although I highly suspect that they are not declaring these 2 new premises in their returns judging from past history.
 
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