Building firm director given six year ban for failing to keep company records

The director of a Glasgow contractor has been disqualified for failing to maintain and preserve adequate company records.

David Simpson Duffy was the sole director of Annick Structures Ltd (ASL), which traded as a construction and civil engineering company.

ASL was incorporated in 2012 and was ordered into compulsory liquidation in February 2016, following a petition by HMRC.

At liquidation, the company had an estimated deficiency to its creditors of over £900,000.



The investigation by the Insolvency Service, following the conclusion of the liquidation, found that from March 2014 to February 2016, Mr Duffy failed in his duty as a director to preserve or deliver up to the liquidator adequate accounting records for ASL, as he was required to do by law.

The result of which was that it was not possible to verify the true level of income and expenditure to and from the company bank account and specifically:

  • whether outstanding loans totalling £308,725 were collected for the benefit of the company or remained outstanding at liquidation


  • whether debtor sums totalling almost £35,000 and stock/Work in Progress sums totalling over £582,000 were collected for the benefit of the company
  • what the purposes were of transfers totalling £1.8 million and payments totalling £2.5m related to
  • This was aggravated further by Mr Duffy’s failure to ensure that ASL prepared and filed annual accounts with Companies House, for the period to 28 February 2015.



    Following the Insolvency Service investigation, Mr Duffy signed a six year undertaking, which was accepted on 11 May 2018.

    The disqualification commenced on 1 June 2018 and is effective until 1 June 2024 and prevents Mr Duffy from directly or indirectly becoming involved, without the permission of the court, in the promotion, formation or management of a company or limited liability partnership for the duration of his ban.

    Robert Clarke, head of company investigation at the Insolvency Service, said: “Directors have a duty to ensure that their companies maintain proper accounting records, and, following insolvency, deliver them to the office-holder in the interests of fairness and transparency.

    “Without a full account of transactions it is impossible to determine whether a director has discharged his duties properly, or is using a lack of documentation as a cloak for impropriety.”


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