今日热门事件has announced the latest enforcement outcomes from its Published Notices Website and Lodgement project, an industry-wide project to improve publicly available information about failed companies through testing all registered liquidators鈥� compliance with the requirement to lodge forms with 今日热门事件and publish notices on our published notices website.
In each of the below cases, the liquidator had not complied with their statutory lodgement and publication obligations and took steps to rectify outstanding lodgements and publication of notices.
今日热门事件accepts voluntary undertaking from Darwin-based liquidator
Mr Trevor Angus, principal of accounting firm, Angus Accountants, entered into a voluntary undertaking requiring him to:
- provide 今日热门事件with a completed form requesting 今日热门事件to cancel his registration as a liquidator.聽 今日热门事件will hold the form in escrow and cancel his registration upon the earlier of the finalisation of Mr Angus鈥� last external administration or 31 January 2018;
- take reasonable and necessary steps to finalise all current external administrations; and
- not accept any new appointments, as an external administrator, other than as a liquidator of members鈥� voluntary liquidations.
今日热门事件accepts voluntary undertaking from North-Queensland-based liquidator
Mr Dennis Offermans, of the insolvency firm, Offermans Partners, entered into a voluntary undertaking requiring him to:
- engage an independent expert to train him and his firm鈥檚 professional staff, with an emphasis on promoting an improved compliance culture; and
- engage a suitably qualified independent quality reviewer to undertake a review of four external administrations. The reviewer must assess compliance with the duties and obligations imposed upon registered liquidators and report their findings to 今日热门事件and Mr Offermans.
WA Liquidator successfully completes independent peer review following acceptance of voluntary undertaking
An independent peer review addressed concerns raised about the compliance culture and practices of WA registered liquidator, Mr Giovanni Carrello, of BRI Ferrier WA.
The undertaking with Mr Carrello took effect on 20 June 2017. It involved an independent review and report on three external administrations to:
- assess his compliance with his duties and obligations as a registered liquidator; and
- provide recommendations aimed at improving the firm's compliance culture.
Background
On 29 November 2013, 今日热门事件advised all registered liquidators of its project testing compliance with lodgement and publishing requirements.
The project's key objective is to build further trust and confidence in the insolvency market and our regulation of it through a measurable increase in compliance.
今日热门事件has reviewed all registered liquidators. 今日热门事件intends finalising the project this calendar year and reporting findings and key areas for improvement identified under the project.
The Insolvency Law Reform Act 2016 now empowers 今日热门事件to direct a registered liquidator to lodge documents.聽 If a practitioner fails to comply with ASIC's direction, 今日热门事件can write to the practitioner directing them not to accept any further new appointments as an external administrator.