John McCormick and Martin William France, the formally appointed directors, had already signed up to a 3.5 year disqualification undertaking banning them from acting as company directors.
Now Marcus Julian Malanaphy, also known as Marc Malan and Marc Melanaphy, has become the latest in the trio of directors of Southern Ventilation Ltd to sign a disqualification undertaking for causing the company to trade to the unreasonable risk of creditors while knowing the company was insolvent.
Mr Malanaphy’s eight-year disqualification undertaking bans him from acting as a company director orfrom acting directly in the promotion, formation or management of a company for the duration of the term.
The investigation found that although Mr Malanaphy was not a formally appointed director of Southern Ventilation, he was involved in the day to day management, from incorporation to liquidation. He was involved in hiring and firing staff, authorising payments to creditors; the other directors, company officers and staff acted under his direction. .
His actions in 2012 led to increased creditor liabilities of £424,409.
Insolvency Service chief investigator Sue MacLeod said: “The Insolvency Service and The Department for Business Innovation & Skills will take firm action to protect the public and the business community. Mr Malanaphy acted with a complete disregard for the creditors and left individuals and traders out of pocket. He could not have acted as he did without the assistance provided by Mr McCormick and Mr France.
“Company directors should note that the Insolvency Service will disqualify those who act in the capacity of a director, even if they are not formally appointed.”
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