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ASIC has punished one former company director following an investigation into the affairs of his accounting, taxation and business consulting practice.
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Accounting director hit with ASIC disqualification
12 August 2016
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Christopher Moylan of New Lambton, NSW, has been disqualified by the corporate regulator from managing corporations for a period of four years.
The disqualification comes as a result of ASIC’s investigation into Mr Moylan’s roles in Moylan Business Solutions Pty Ltd (MBS), MCD Holdings Pty Ltd (MCD), Moylan Investment Group Pty Ltd (MIG), Wallalong Investments Pty Ltd, Decrawood Pty Ltd and Moylan Business Solutions Trust (the trust).
MBS operated as an accounting business, taxation and business consulting practice, with Mr Moylan as its director. It was wound up following the appointment of a liquidator on 19 June 2013, with an estimated $1,291,381 in unfunded liabilities to unsecured creditors.
MCD, of which Mr Moylan was the sole director, provided business advisory consulting services and, as well as operating as an investment company owning units in unit trusts, it acted as a trustee of an investment trust. MCD was wound up in 2013, with an estimated deficiency of $4,117,388. At the time of winding up Mr Moylan owed MCD $1,511,435.
MIG borrowed funds from lenders and then lent the funds to investment and property trusts. In 2011, while Mr Moylan was the sole director, MIG was wound up owing $7,666,705 to 34 unsecured creditors, many of whom were clients of the company’s accounting and financial planning business.
According to ASIC, under section 206F(1) of the Corporations Act 2001 ASIC may disqualify a person from managing corporations for up to five years where, within the last seven years:
- the person has been an officer of two or more corporations; and
- while the person was an officer, or within 12 months after the person ceased to be an officer, each of the corporations was wound up and a liquidator lodged a report under subsection 533(1) about the corporation's inability to pay its debts.
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