Prosecution Cases 2013

The Director of Corporate Enforcement V Declan Moloney AND Seamus Moloney

14 November 2013


The Director of Corporate Enforcement V Declan Moloney AND Seamus Moloney.
12 November 2013.

Details of Defendants:
Declan Moloney and Seamus Moloney

Addresses:
Declan Moloney 21 Glenquin Manor, Newcastle West, Co. Limerick.
Seamus Moloney, 2 Palm Drive, Newcastle West, Co. Limerick.

Venue:
Newcastle West District Court.

Judge:
District Judge Mary Larkin

Alleged Offences:
The defendants were each charged with contravention of Section 161(1) of the Companies Act 1990 in acting as a director of D Tops Limited, Company No. 418066 while subject to a restriction order made by the High Court pursuant to Section 150 of the same Act.

Outcome:
On a plea of guilty, each defendant was convicted, fined €750 each and between them ordered to pay prosecution costs totalling €1,250. Having been convicted of an offence under Section 161 of the Companies Act 1990, Declan Moloney and Seamus Moloney are each deemed, pursuant to Section 161(2) of the same Act, to be the subject of a disqualification order. The prosecutor made a post-conviction application pursuant to Section 162 of the Companies Act 1990 that the period of disqualification to which Declan Moloney and Seamus Moloney are each subject should be 2 years from the date of conviction and the court so ordered. The effect of this provision is that Declan Moloney and Seamus Moloney are 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 Provident Societies Acts 1893 to 1978 for a period of 2 years commencing 12th November 2013.

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