ASIC has disqualified Anthony Makris of Frankston Victoria, from managing corporations for three years due to his involvement in the failure of two companies.
Between January 2018 and March 2020 Mr Makris was the director of two companies that entered liquidation:
- M2O (Made Two Order) Pty Ltd (ACN 127 422 422) (M2O); and
- M2O Interiors Pty Ltd (ACN 617 027 639) (M2O Interiors).
The companies were involved in commercial construction, mainly in shop-fitting design and installation projects.
ASIC found that Mr Makris failed to meet his obligations as a director when he:
- failed to lodge BAS and income tax returns with the Australian Taxation Office (ATO) for both companies;
- failed to pay debts and taxes, including Superannuation Guarantee Charge for both companies;
- did not maintain financial records that would subsequently have allowed financial records to be prepared for both companies; and
- traded M2O Interiors whilst knowing it was insolvent.
At the time of ASIC’s decision, the two companies owed a combined total of $2,444,191 to unsecured creditors including approximately $1,092,558 owed to ATO.
In disqualifying Mr Makris, ASIC relied on supplementary reports lodged by M2O liquidator, Mr Matthew Kucianski of Worrells Solvency and Forensic Accountants, and M2O Interiors’ liquidator Mr Shane Cremin of Rodgers Reidy.
Mr Kucianski and Mr Cremin were assisted to prepare their reports after ASIC approved funding from the Assetless Administration Fund.
Mr Makris is disqualified from managing corporations until 22 March 2026.
Mr Makris has the right to seek a review of ASIC’s decision by the Administrative Appeals Tribunal.
Section 206F of the Corporations Act allows ASIC to disqualify a person from managing corporations for a maximum period of five years if, within a seven-year period, the person was an officer of two or more companies, and those companies were wound up and a liquidator provides a report to ASIC about each of the company’s inability to pay its debts.
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.