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IP's who fail to file their own company accounts?

Ed Boyce made this Freedom of Information request to Insolvency Service

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Dear Insolvency Service,

Newton Drive (Baxenden) Management Company Ltd 11770187

Please provide under the FOIA whether or not under the Companies Act 2006, directors of a private company who are Insolvency Practitioners are immune from filing their company accounts on time the same as everyone else, regardless of occupation, or is this no longer deemed a criminal offence.

The above company accounts are overdue that must be filed by 16 January 2021 what actions do the Insolvency Service take or have taken against the Insolvency Practitioner Michael Goldstein who is the director and listed as a Insolvency Practitioner who has failed to file their own company accounts on time.

It is presumed that the governments website is correct 'Failure to file confirmation statements ( due by 26 February 2021) annual returns or accounts is a criminal offence'

NEWTON DRIVE (BAXENDEN) MANAGEMENT COMPANY LIMITED

Director MICHAEL ABRAM GOLDSTEIN

Occupation Insolvency Practitioner

Eletronic filing Tuesday 15 January 2019
Incorporation date Wednesday 16 January 2019

Registered office address changed to C/O Myers Clark Business Recovery Ltd , Egale 1, 80 St.Albans Road, Watford, Hertfordshire WD17 1DL (Monday 4 February 2019)

Friday 28 February 2020 Registered office address changed to Devonshire House, Manor Way, Borehamwood, Herts, WD6 1QQ
(this address appears to be connected to RG Insolvency Ltd)

Yours faithfully,

Ed Boyce

FOI, Insolvency Service

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    Freedom of Information request Insolvency Practitioners who fail to file their own company accounts are they immune from following the law.html

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Good afternoon Mr Boyce,

The FOI team acknowledge your request for information and have assigned it the reference number FOI20/21-208.

From our records, we can see that this request for information has already been answered by Lee Hewlett from the Insolvency Practitioner Regulation Section. I have attached the email above for ease of reference.

We will not be taking your request for information forward as it has already been responded to.

Yours sincerely,

Information Rights team

Information Rights Team | Digital Technology Services | The Insolvency Service - Delivering economic confidence| 3rd Floor, Cannon House, 18 Priory Queensway, Birmingham B4 6FD| www.gov.uk/insolvency-service | Please consider the environment before printing.

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Dear FOI,

Thank you for the guidance on late Companies House filing by Insolvency Practitioners who are directors responsible for running their own companies, including filing accounts.

The fact remains that you are the overseeing regulator of Insolvency Practitioners who are not allowed to commit criminal offences and the UK Government website makes it clear that a failure to file confirmation statements, annul returns or accounts is a criminal offence.

An automatic penalty is automatically imposed by law for company accounts that are overdue. Mr Michael Abram Goldstein a insolvency practitioner registered on the Insolvency Service register is the director who incorporated NEWTON DRIVE (BAXDEN) MANAGEMENT LIMITED incorporated on 16.1.2019 and who resigned as a director on 13.4.2021 and who continues to trade out of this companies registered office address: Devonshire House, Manor Way, Borehamwood, Herts.

Who had changed this companies registered address filed on 4.2.2019, shown as from 7.2.2019 via a care of address: c/o Myers Clark Business Recovery, Eagle 1, 80 St Albans Road, Watford.

Then filed at Companies House on 28.2.2020 showing as 4.3.2020 that the registered office address changed to: Devonshire House, Manor Way, Borehamwood, Herts.

A confirmation statement dated 15.1.2020 is shown on 13.3.2020 signed by Mr Goldstein as a director, another was submitted dated 15.1.2021 shown filed on 24.3.2021 and only dormant accounts made up to 31.1.2020 signed on the companies behalf by Mr Goldstein but not submitted until 24.3.2021 and should have been filed by 16.1.2021 and the confirmation statement was due by 26.2.2021.

(The next confirmation statement date 15.1.2022 due by 29.1.2022, the last statement 15.1.2021)

What actions does The Insolvency Service take against insolvent practitioners who do commit criminal offences by not filing their own company accounts on time and whether or not they are trading . This company accounts ( which has an active proposal to strike off) should have been filed by law and an automatic penalty imposed, we’re overdue and must have been filed according to Companies House records by 16.1.2021 and a confirmation statement filed by 26.2.2021.

This companies accounts remain overdue and the last accounts were made up on 30.1.2020 and the next accounts made up to 31.1.2021 were due by 31.10.2021.

Are your insolvency practitioners who are directors exempt from penalties and criminal offences due to their protected status and or are they allowed to set up companies and fail to file accounts and just resign and still trade from the same address through another company RG INSOLVENCY LIMITED that he became a director of on 1.2.2019.

Yours sincerely,

Ed Boyce

FOI, Insolvency Service

Good Morning

I acknowledge your Freedom of information Request and I have assigned it the reference FOI21/22-155. Please note that I am only considering the following questions under FOI:

1. What actions does The Insolvency Service take against insolvent practitioners who do commit criminal offences by not filing their own company accounts on time and whether or not they are trading
2. Are your insolvency practitioners who are directors exempt from penalties and criminal offences due to their protected status and or are they allowed to set up companies and fail to file accounts and just resign and still trade from the same address through another company

The rest of your request is about specific cases and/or Insolvency Practitioners and as such, include personal data which is exempt from disclosure under S40(2) of the FOIA.

I will reply to you by 04 March.

Kind Regards

Senior Information Rights Officer | Digital Technology Services | The Insolvency Service - Delivering economic confidence| 3rd Floor, Cannon House, 18 Priory Queensway, Birmingham B4 6FD| www.gov.uk/insolvency-service | Please consider the environment before printing.
The Insolvency Service is now delivering its services both remotely and through its offices. Please refer to our GOV.UK content for the latest information on how to contact us and to find answers to common questions. Thanks for your co-operation.
Please consider the environment before printing

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FOI, Insolvency Service

1 Attachment

Good Morning

Please see attached response to your Freedom of Information Request.

Kind Regards

Senior Information Rights Officer | Digital Technology Services | The Insolvency Service - Delivering economic confidence| 3rd Floor, Cannon House, 18 Priory Queensway, Birmingham B4 6FD| www.gov.uk/insolvency-service | Please consider the environment before printing.

The Insolvency Service is now delivering its services both remotely and through its offices. Please refer to our GOV.UK content for the latest information on how to contact us and to find answers to common questions. Thanks for your co-operation.
Please consider the environment before printing

show quoted sections

We don't know whether the most recent response to this request contains information or not – if you are Ed Boyce please sign in and let everyone know.