Mr Mark Edwin Armstrong, 59, of Dunsborough in Western Australia, has been charged with making a false or misleading statement to ASIC.

An ASIC investigation alleges that around 24 October 2014 Mr Armstrong, the former sole director of BAC Enterprises Pty Ltd (In Liquidation) ACN 083 222 486 made a false or misleading statement on a form that he lodged with ASIC to deregister the company. ASIC alleges that Mr Armstrong falsely asserted in the form that the company had no outstanding liabilities when it had.

Mr Armstrong is due to appear in the Perth Magistrates Court on 5 June 2020.

The matter is being prosecuted by the Commonwealth Director of Public Prosecutions.

Background

Making a false or misleading statement to ASIC is a breach of s1308 of the Corporations Act and carries a maximum penalty of five years imprisonment.

Editor's note 1:

On 5 June 2020, Mr Armstrong entered a plea of guilty. The matter has been adjourned for sentencing to 17 July 2020.

Editor's note 2:

On 17 July 2020, the matter was further adjourned for sentencing until 12 August 2020.

Editor's note 3:

On 12 August 2020, the matter was further adjourned for mention to 25 September 2020.

Editor's note 4:

On 25 September 2020, the matter was further adjourned for mention to 23 October 2020.

Editor's note 5:

Mr Armstrong was convicted after pleading guilty to making a false or misleading statement to ASIC (refer: 20-268MR).