A Luxembourg
company Zigmund Mather S.a.r.l. which had sourced clients for the
“Sunday Solutions Scheme”, a tax scheme for the self-employed, has
been ordered into liquidation in the High Court on grounds of
public interest following an investigation by Company
Investigations of The Insolvency Service.
The investigation found the company had been formed in Luxembourg
to carry out market research services. It continued trading until
at least November 2009, having taken over Sunday Solutions
Limited’s role of sourcing clients for the now discredited “Sunday
Solutions Scheme”. To do so, it took over the sales staff of
Sunday Solutions Limited and was based at Cambridge House, Henry
Street, Bath.
Welcoming the Court’s judgement Company Investigations Supervisor
Chris Mayhew said:
“The company was an integral part of the discredited “Sunday
Solutions Scheme” and was found by the court, on the uncontested
evidence, to have conducted its affairs in a manner which
displayed a level of commercial conduct which fell markedly
short of acceptable standards. As a result scheme members
suffered significant financial loss. The Service will
investigate such behaviour and, where appropriate, close such
companies down”.
Ends
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Notes to Editors
1. Zigmund Mather S.a.r.l. was incorporated on 29
August 2007. The registered office of the company was at 64 Rue
Principale, L - 5367 Schuttrange, Luxembourg. The company’s
principal objects are not known, but its representatives in
Luxembourg advised the investigation that it was engaged in
marketing and market research. The identity of Zigmund’s officers
is not known. The company’s appointed managers on incorporation
were Mr Alex Nicholas Johannes Alexander van Zeeland and Mrs
Michelle Carvill both of 64 Rue Principale, L – 5367 Schuttrange, Luxembourg.
2. The authorised share capital of the company is €12,500 divided
into 100 ordinary shares of €125 each. Its original shareholders
were Jardinier Holdings Ltd holding 10 shares and Nahoon
Investments Ltd holding 90 shares, both shareholders being
registered in the British Virgin Islands at Trinity Chambers, PO
Box 4301, Road Town, Tortola. Both are shown to be represented by
their director Belvaux Nominees Ltd, another British Virgin
Islands registered company of the same address and itself
represented by Mr Alex van Zeeland residing in Schuttrange,
Luxembourg. On 14 May 2009 Nahoon Investments Ltd transferred its
shares in Zigmund Mather S.a.r.l. to Jardinier Holdings Ltd.
3. The Sunday Solutions scheme was originally promoted and
operated by Sunday Solutions Limited and Bradbury
& Co Limited, both of which were ordered into
liquidation in the public interest on 15 December 2010 on grounds
that they had displayed a level of commercial probity that fell
markedly short of acceptable standards – see news release
“Umbrella tax companies taken out of service” issued on
21 December 2010.
4. A further company, Reed Umbrella Ltd, which provided
legal and invoicing services to the “Sunday Solutions Scheme” was
ordered into liquidation in the public interest on 7 March 2012 –
see news release “Court winds up another Sunday Solutions tax
umbrella company” issued on 9 March 2012.
5. On 14 November 2011 a further related company Reed Morgan
Limited, that provided invoicing services to the participants
in the “Sunday Solutions Scheme”, was ordered into insolvent
liquidation on the petition of the Commissioners for HM Revenue
and Customs in respect of unpaid National Insurance Contributions
of £11,969.82. The sole recorded director and secretary of Reed
Morgan Limited was Corran Vale Limited, a company registered in
the British Virgin Islands.
6. The petition to wind up Zigmund Mather S.a.r.l. was
presented in the High Court on 26 January 2012 under the
provisions of section 124A of the Insolvency Act 1986.
7. The grounds for winding up Zigmund Mather S.a.r.l.
were the failure to co-operate with the investigation and trading
with a lack of commercial probity.
8. In ordering the company into liquidation on 16 May 2012 Ms
Registrar Derrett said:
“I am satisfied that the role of Zigmund in the
Sunday Solutions Scheme went beyond a mere marketing role.
Contrary to what is said in an information document produced by
Zigmund that the company had undertaken research into ‘business
vehicles’ and that it would make ‘contractors aware of what
other business vehicles they could operate through’, the company
was in fact actively involved in the scheme. In particular, Mr
Nyiri, the director of Sunday Solutions Limited, informed the
investigation that Zigmund took over the role of sourcing
clients and Sunday’s staff were transferred to Zigmund in March
2007. Zigmund appears to accept that it was responsible for
sourcing potential clients and although it is acknowledged that
there is limited evidence of the precise nature of Zigmund’s
role as the company and its officers have failed to co-operate,
I am satisfied, particularly in the operation of the scheme
already found to be contrary to the public interest, that
Zigmund facilitated the scheme and by taking over the staff of
Sunday in 2007 effectively ran the scheme. There has been a
failure to co-operate with the section 447 Companies Act
investigation and in all the circumstances I make the usual
compulsory order on grounds of public interest”.
9. Company Investigations, part of the Insolvency Service,
carries out confidential enquiries on behalf of the Secretary of
State for Business, Innovation & Skills (“BIS”).
10. The Insolvency Service administers the insolvency regime
investigating all compulsory liquidations and individual
insolvencies (bankruptcies) through the Official Receiver to
establish why they became insolvent. The Service also authorises
and regulates the insolvency profession; deals with
disqualification of directors in corporate failures; assesses and
pays statutory entitlement to redundancy payments when an employer
cannot or will not pay employees; provides banking and investment
services for bankruptcy and liquidation estate funds; and advises
ministers and other government departments on insolvency law and
practice. Further information about the work of The Insolvency
Service is available from www.bis.gov.uk/insolvency.
11. All public enquiries concerning the affairs of the company
should be made to: The Official Receiver, Public Interest Unit ,
21 Bloomsbury Street, London, WC1B 3QW. Telephone: 0207 637 1110
Email: piu.or@insolvency.gsi.gov.uk
12. Media Enquiries should be directed to:
Kathryn Montague, Media Relations Manager, Telephone 020 7596
7674 or Ade Daramy, Press Officer on 020 7596 6187
Contacts:
Ade Daramy
Phone: 020 7596 6187
ade.daramy@insolvency.gsi.gov.uk