County Down director approves disqualification


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The Ministry of Economy (the Ministry) has accepted an obligation to disqualify the director of a company that operates in hotels and similar accommodations.


Disqualification of the director

The eight year engagement was received from Brian Scullion, 62, of Old Rectory Park, Banbridge, in relation to his conduct as director of Hotel Seagoe Limited.

The company provided hotels and similar lodging establishments from 22 Upper Church Lane, Portadown, Craigavon, Co Armagh, BT63 5JE and went into liquidation on May 3, 2018 with an estimated creditors deficit of £ 415,168.01. There was a total of £ 1 in share capital owed, resulting in an estimated shortage in terms of members of £ 415 169.01.

The Department accepted Brian Scullion’s notice of disqualification on October 18, 2021 for the following inappropriate conduct, which was not contested for the sole purpose of disqualification proceedings:

  • Served as de facto director of Hotel Seagoe Limited for the period from March 26, 2015 to the date of liquidation, while he was disqualified from Overtown Properties for a period of 7 years due to his conduct as director with effect from April 24, 2015 Limited;
  • Induction and permission of the company to operate a policy of discrimination against the Krone from 2016/17. Arrange and permit Hotel Seagoe Limited to withhold funds totaling £ 166,475.66 due to the Crown at the time of liquidation. In addition, a policy of discrimination was followed, as substantial payments were made to commercial creditors and third parties at a time when HMRC’s debt continued to grow;
  • fail to learn from their previous bankruptcy and / or display a repetitive pattern of unsuitable behavior;
  • Violation of the law because the financial statements for the year ended March 31, 2016 were not submitted within the prescribed deadline;
  • causes Hotel Seagoe Limited to fail to comply with the law because the annual return for the year ending March 5, 2016 and the confirmation statement for the period ending March 5, 2017 have not been submitted within the prescribed time limit;

The department has accepted 23 disqualification obligations for the fiscal year beginning April 1, 2021.

Notes to the editors:

  1. Insolvency administrators who act as voluntary insolvency administrators, receivers and administrators are obliged to report unsuitable behavior to the insolvency service of the Ministry of Economic Affairs.
  2. The aim of the department is to initiate disqualification proceedings against those directors of failed companies who have abused the privilege of limited liability through negligence, incompetence or lack of business integrity. The legislation contained in the 2002 Shareholder Disqualification Ordinance (Northern Ireland) (“the 2002 Ordinance”) is designed to protect the public and the commercial community, but its operation should not prevent genuine entrepreneurship.
  3. In cases where a person is subject to either a court-issued disqualification order or a Department-accepted disqualification obligation, that person may not be a director of a company, act as trustee of company property, or in any way, whether directly or indirectly, to the Be involved in or participate in promoting, starting up or running a business unless he has permission from the High Court. A disqualified person cannot be given permission to serve as a liquidator.
  4. Article 9 of the 2002 Regulation provides that a director who has not been qualified must be disqualified for a period of at least two years and a maximum of fifteen years. The courts have ruled that the severity of the unsuitable behavior can be divided into three levels, with the top level of periods of more than ten years being reserved for particularly serious cases, and six to ten years being reserved for cases that do not have the top level earn, and two to five years for cases where disqualification is mandatory but the case is less severe.
  5. The 2002 ordinance also allows directors, with the approval of the ministry, to avoid the need for a trial by offering an acceptable disqualification obligation. This has exactly the same legal effect as a court-issued disqualification order and usually includes a schedule that identifies the director’s improper conduct. The consequences of a violation of a disqualification obligation are the same as a violation of a disqualification order.
  6. If someone violates a disqualification order or breaches their obligation to disqualify, they may be committing a criminal offense and face a prison sentence of up to two years or a fine, or both. Anyone with information suggesting that a disqualified person has violated this provision should contact the Bankruptcy Services Directors Disqualification Unit at 028 90 548582.
  7. The disqualification period begins after 21 days, beginning with the day on which the disqualification obligation was accepted by the department.
  8. For media inquiries, contact the press office of the economic department at [email protected]
  9. The Executive Information Service operates a service outside of business hours for media inquiries only from Monday to Friday between 6:00 p.m. and 8:00 a.m. as well as on weekends and public holidays. The press officer on duty can be reached on 028 9037 8110.

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