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Wednesday 8 December 2021

21-338MR Victorian director charged with making a false statement to ASIC

Following an ASIC investigation, Mr Van Nguyen of North Melbourne, Victoria, has been charged with making a false or misleading statement in a document lodged with ASIC.

Mr Nguyen is the sole director of Melcorp Fabrics Pty Ltd ACN 167 024 875 (Melcorp Fabrics) which operated in the textile industry.

ASIC alleges Mr Nguyen lodged a false or misleading document (Form 6010) with ASIC to voluntarily deregister Melcorp Fabrics on 26 June 2020.

It is alleged that Mr Nguyen declared in the document that Melcorp Fabrics did not have any outstanding liabilities. It is alleged that, as at 26 June 2020, Melcorp Fabrics had a $12,563.80 liability owing to a creditor.

Mr Van Nguyen appeared on 2 December 2021. The matter has been adjourned until 3 February 2022 for mention in the Melbourne Magistrates’ Court.

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

Background

The penalty for breaching section 1308(1) of the Corporations Act, relating to false or misleading documents, is a maximum of five years imprisonment and/or a fine of $42,000.

Editor's note 1:

On 25 January 2022, Mr Nguyen was charged with a second offence of s1308(1) of the Corporations Act. It is alleged that, on 4 October 2021 Mr Nguyen lodged an additional false or misleading document (Form 6010) with ASIC to voluntarily deregister Melcorp Fabrics. It is alleged that Mr Nguyen declared in the document that Melcorp Fabrics did not have any outstanding liabilities. It is alleged that as at 4 October 2021, Melcorp Fabrics had a $1925.50 liability owing to a creditor.

On 3 February 2022, the matters were adjourned until 7 April 2022 in the Melbourne Magistrates Court.

Editor's note 2:

On 6 April 2022, defence was granted with an adjournment.  The next mention is set for 2 June 2022.

Editor’s note 3:

On 2 June 2022, the matter was heard for mention in the Melbourne Magistrates' Court and adjourned until 4 August 2022 for plea.

Editor's note 4:

On 4 August 2022, the matter was adjourned until 1 September 2022 in the Melbourne Magistrates' Court

Last updated: 08/12/2021 12:00