Debtor- Liquidation - New Start Up

[Cantona7]

One of my clients went into liquidation in May 09. Now i find out that there is a new company, registered in Jan 09, operating with same phone numbers, same vans, same website content on a new url, same employees etc etc. However the only difference is the new reg limited company has 2 employees listed as directors of the new company.

Now i know these directors are only a front as the original owner is heavily involved in this company. I understand this is a "phoenix from the flames" operation but is galling to see my €10k they didnt pay going toward this new set up.

Is there anyway this sort of behaviour can be reported to any authorities?

Please edit title if required.

 

[mercman]

There were various amendments to Company law a number of years ago to avoid this type of carry on. I think the best thing is for you to find a solicitor who is conversant with commercial law and to fight your case.

 

[jack2009]

There are laws that are supposed to protect people like you from the Phoenic Syndrom. Unfortunately, it still goes on as there are loop holes.

I would suggest going to an experienced insolvency lawyer and explaining your position with a view to approaching the new company requesting compensation or you will make reports to ODCE, DPP and the other creditors who lost out on Old Co.

 

[mcaul]

You can make a written submission to the liquidator of the company who then must follow up on any information you have provided.

If the directors are subsequently disqualified / restricted (can take 2 years) then you can make a complaint to the odce stating that the restricted / disqualified director is acting as a defacto director.