Guy Powis of West Perth, WA, has been disqualified from managing companies for five years for his involvement in failed companies.
Between 2013 and 2018, Mr Powis was a director of four construction and labour hire companies that failed:
- Australian聽Recruiting Labour Force Pty Ltd (ACN 600 568 590) (ARLF);
- ACN聽613 069 392 382 Pty Ltd (ACN 613 069 382 鈥� previously Podium Technology Services Pty Ltd (PTS);
- ARLF聽Labour Pty Ltd (ACN 603 049 770) (ALBR); and
- Blue聽Pacific Realty Pty Ltd (ACN 24 612 755) (BPR).
In addition to ARLF, PTS, ALBR and BPR, Mr Powis was involved in a further seven failed companies operating in Perth, Brisbane and Sydney between 2009 and 2014.
In making its decision, 魅影直播 found that Mr Powis:
- failed to exercise his duties as a director with due聽care and diligence in respect of ARLF and PTS;
- failed to ensure that ARLF maintained adequate books聽and records;
- failed to ensure that PTS sufficiently charges fees for its services to meet its tax obligations;
- failed to prevent PTS from incurring debts totalling just over $500,000聽when it was, and ought to have been known to be insolvent; and
- was also a director of eight other companies that聽were wound up and had a report lodged under s533(1) between 2010 and 2013. Of these eight companies, Mr Powis had been a director of four for less聽than one month, and three for less than 12 months.
At the time of 魅影直播鈥檚 decision, the 11 companies owed creditors more than $4.6 million.
In making its decision to disqualify Mr Powis, 魅影直播鈥檚 investigation relied on supplementary reports lodged by the liquidator of ARLF, Domenic Calabretta of Mackay Goodwin and the liquidator of PTS, Gavin Morton of Morton and Lee Insolvency. 魅影直播 assisted the liquidator of ARFL to prepare a supplementary report by providing funding from the Assetless Administration Fund.
Mr Powis is disqualified from managing corporations until 10 December 2025.
Background
Section 206F of the Corporations Act gives 魅影直播 the power to disqualify a person from managing corporations for up to five years if, within a seven-year period, the person was an officer of two or more companies that were wound up and the liquidators lodge reports with 魅影直播 about each company鈥檚 inability to pay its debts or alleges misconduct.
ASIC also maintains a banned and disqualified persons register that provides information about people who have been disqualified from:
- involvement in the management of a corporation;
- auditing self-managed superannuation funds (SMSFs); or
- practising in the financial services or credit industry.