Dícháilithe 2013

Michael and Joan Morris were disqualified for five years from 16th December 2013.

16 December 2013


The Director of Corporate Enforcement AND Michael Morris and Joan Morris. In the Matter of Belmont Hotels Limited And In the Matter of EFRT Limited And In the Matter of Section 160 of the Companies Act 1990.

Belmont Hotels Limited

Company Number: 129129

Registered Office: Churchfield, Knock, County Mayo

EFRT Limited

Company Number:   397664

Registered Office:    C/O Michael Morris, M&C Financial Services, James Street, Claremorris, County Mayo

Details of Respondents:

Michael Morris

Address: Lehinch, Hollymount, County Mayo

Joan Morris

Address: Lehinch, Hollymount, County Mayo

Venue:

High Court, Dublin.

Judge:

Justice Mary Finlay Geoghegan

The Application:

Under Section 160(2)(h) of the Companies Act 1990 (as amended by section 42(b) of the Company Law Enforcement Act 2001), the Director may seek the disqualification of the directors of a company, which has been involuntarily struck off the Register of Companies pursuant to Section 12 of the Companies (Amendment) Act 1982.

Under Section 160(3A), directors may successfully defend such an application for disqualification by demonstrating to the High Court that the company had no liabilities at the time of involuntary strike-off or that any such liabilities were discharged before the date of the making of the disqualification application. Where it deems that a sanction is appropriate, the Court has discretion to either disqualify the director for such period as it deems fit or restrict him or her for a five year period.

Outcome:

On the 16th December 2013, Michael Morris was disqualified for a period of 5 years from that date, pursuant to the provisions of Section 160 of the Companies Act 1990.  Joan Morris was also disqualified for a period of 5 years from that date, again in accordance with the provisions of Section 160.

The Order also provided that the Director of Corporate Enforcement would recover from both Respondents his Costs of the proceedings, such Costs to be taxed in default of agreement.

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