Mr Michael Malcolm Walker, a Sydney based company director has pleaded guilty and was convicted for lodging a document with ½ñÈÕÈÈÃÅʼþthat contained a false or misleading statement. Mr Walker was sentenced to a $350 good behaviour bond for a period of twelve months.
An ½ñÈÕÈÈÃÅʼþinvestigation found that Mr Walker signed and lodged '½ñÈÕÈÈÃÅʼþForm 6010 – Application for voluntary deregistration of a company', to deregister Easy RPL Pty Ltd, declaring, that the company was not a party to ongoing legal proceedings.
ASIC's investigation found that Mr Walker's declaration was false, because at the time that the time the document was lodged, Easy RPL Pty Ltd was a party to proceedings in the Victorian Civil and Administrative Tribunal.
As a result of the conviction, Mr Walker is automatically disqualified from managing corporations until 8 December 2020.
 'As a director, you must ensure documents submitted to ½ñÈÕÈÈÃÅʼþare accurate,' ½ñÈÕÈÈÃÅʼþCommissioner Greg Tanzer said. 'It goes to the heart of maintaining consumer trust and confidence. We won't hesitate to remove those who try to actively mislead the public in this regard.'
The matter was prosecuted by the Commonwealth Director of Public Prosecutions.
Background
Section 601AA of the Corporations Act 200 stipulates that a person can apply to deregister a company only if the company is not party to any legal proceedings.Â
Info sheet () provides guidance on how to voluntarily deregister a company.