Prosecution Cases 2008

The Director of Corporate Enforcement v Brian Keogan Junior

07 January 2008


Details of Defendant: 
Brian Keogan Junior 

Address: 
35 Littlepace Way,
Clonee,
Co. Meath. 

Venue: 
Dublin District Court. 

Judge: 
District Judge Lindsay 

Alleged Offence: 
The defendant was charged with contravention of Section 161 (1) of the Companies Act 1990 in acting as; a) a director of BSK Construction Limited, Company No. 375424; b) a director of Crosskeys Construction Limited, Company No. 372308; and c) a director and secretary of Copanácht Management Company Limited, Company No. 403679, while subject to a restriction declaration made by the High Court pursuant to Section 150 of the same Act and failing to abide by the conditions prescribed in the Act for continuing to act as a company director or secretary. 

Outcome: 
On a plea of guilty, the defendant was convicted on each of three counts of acting as director, fined a total of €750 and ordered to pay prosecution costs of €684. The charge in relation to his acting as secretary of Copanácht Management Company Limited was taken into consideration.

Having been convicted of an offence under Section 161(1) of the Companies Act 1990, Brian Keogan Junior is deemed, pursuant to Section 161(2) of the same Act, to be the subject of a disqualification order. The Court granted an application from the prosecutor pursuant to Section 162 of the Companies Act 1990 that the period of disqualification to which Mr. Keogan is subject should be from the date of conviction (7/1/08) to 31st December 2011. The effect of this provision is that Brian Keogan Junior is disqualified from being appointed or acting as auditor, director or other officer, receiver, liquidator or examiner or being in any way, whether directly or indirectly, concerned or taking part in the promotion, formation or management of any company or society registered under the Industrial and Provident Societies Acts 1893 to 1978 for a period commencing 7th January 2008 and expiring on 31st December 2011

Court Rulings

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