Books of Record

The question raises a number of issues for ____________. i

• Duty to file Certain Document with the Registrar of Companies
• Duty of Disclosure
• Duty to Convene General Meetings of the Company

initially by not keeping proper books and records it is impossible to make informed decisions regarding business as no idea whether business is making a profit or loss.

These include reckless trading, restriction and disqualification arising from the actions of a liquidator and or the ODCE.

Consequences of strike off are very serious for a trading company:
1 The assets of the company become the property of the state on dissolution of the company

4 Banks will be unwilling to lend money to an entity which has, effectively, ceased to exist.
5. There can also be unpleasant consequences for directors of such companies such as disqualification order made against them in the HIGH Court on application of the ODCE.

Ground for strike off
Under section 12 of the Companies (Amendment)Act 1982 the registrar may institute strike off procedures where:

Disqualification
It should be noted that where a company has been struck off for failure to file annual returns, applications may be made to the High Court by the ODCE ,

The length of disqualification is a matter for the court.

Reckless trading was introduced into Irish law as a lesser offence to fraudulent trading to capture situations where there was no actual attempt to defraud.

a party to the carrying on of business in a reckless manner, pursuant to section 297A CA 1963, such person may be personally liable for all or any part of the debts or other liabilities of the company.

1 Having regard to the general knowledge, skill and experience that might reasonably have been expected of a person in that position he ought to have known his actions or those of the company would cause loss to any creditor of the company or

The defendant director must have knowledge or imputed knowledge that his actions would cause loss to creditors: it is not sufficient that there was a concern or uncertainty about the ability to pay all creditors.

Include Heffernans Kearns Case here as example : Development in Malahide.

in accordance with section 202 CA 1990 the Court may declare that any officer or former officer of the company who is in default of this obligation to keep proper books is personally liable for all

Case law shows that the Court will impose liability for such amount of the company's debts are attributable to the failure to keep proper books.