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Tuesday 31 August 2021

21-229MR WA director disqualified from managing corporations for three years

Peter Rozsy of North Perth, Western Australia, has been disqualified from managing corporations for three years after his involvement in nine failed companies.

Mr Rozsy was a director of nine companies between 2010 and 2020, namely:

  • Natrec Int Pty Ltd ACN 111 097 539 (‘Natrec’);
  • 360Recruitment01 Pty Ltd ACN 610 461 875 (360Recruitment01);
  • 360Recruitment02 Pty Ltd ACN 610 462 318 (360Recruitment02);
  • 360Recruitment03 Pty Ltd ACN 610 467 215 (360Recruitment03);
  • 360Recruitment04 Pty Ltd ACN 610 722 695 (360Recruitment04);
  • 360Recruitment05 Pty Ltd ACN 610 722 515 (360Recruitment05);
  • 360Recruitment06 Pty Ltd ACN 610 722 677 (360Recruitment06);
  • 360Recruitment07 Pty Ltd ACN 610 991 636 (360Recruitment07 Pty Ltd); and
  • 360 Recruitment 08 Pty Ltd ACN 613 819 739 (360 Recruitment 08).

The nine companies were involved in staff recruitment.

In making its decision, ASIC found that Mr Rozsy failed to:

  • pay taxes owed to Australian Taxation Office (ATO);
  • prevent 360Recruitment01and 360Recruitment03 from trading while insolvent;
  • maintain proper books and records for 360Recruitment01; and
  • properly manage the business of 360Recruitment01, particularly its financial position.

The total amount owed to unsecured creditors is $2,025,664.41, of which $602,434.48 is owed to ATO.

In making the decision to disqualify Mr Rozsy, ASIC relied upon supplementary reports lodged by Mr Gess Ramabldi of Pitcher Partners as liquidator of Natrec, Mr Brent Morgan of Rodgers Reidy as liquidator of 360Recruitment01 and Mr Richard Lawrence of Hall Chadwick as liquidator of 360Recruitment03. ASIC assisted the liquidator of 360Recruitment03 to prepare a supplementary report by providing funding from the Assestless Administration Fund.

Mr Rozsy is disqualified from managing corporations until 9 August 2024.

Background

Section 206F of the Corporations Act gives ASIC 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 ASIC about each company’s inability to pay its debts or alleging misconduct.

ASIC 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.
Last updated: 31/08/2021 12:00