The undertakings for five years were received from Martin McManus and Angela McManus both of Jenkin Road, Fivemiletown, in respect of their conduct as directors of McManus Contracts Limited.
The Company carried on the business of construction and plant hire from Jenkin Road, Fivemiletown, and went in to liquidation on 4 May 2011 with estimated total assets available for preferential creditors of £79,000, liabilities to preferential creditors of £1,000, liabilities to floating charge holders of £221,000, liabilities to non preferential creditors of £341,314 and an estimated deficiency as regards creditors of £484,314.
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After taking into account the losses incurred by members of the Company the estimated total deficiency was £486,314.
The Department accepted the disqualification undertakings from Martin McManus and Angela McManus on 19 September 2014 based on the following unfit conduct which solely for the purposes of the disqualification procedure was not disputed:
• Causing and permitting the Company to continue to trade from or about 18 November 2008 when they knew or ought to have known that the company was insolvent;
• Causing and permitting the Company to fail to pay a total of £173,665 due to the Crown as at the date of liquidation consisting of £75,681 in respect of PAYE and £72,659 in respect of NIC for the years 2008/09 to 2010/11; and £25,325 in respect of VAT for the years 2009/10 to 2011/12.
