{"id":69819,"date":"2016-04-21T11:18:09","date_gmt":"2016-04-21T11:18:09","guid":{"rendered":"http:\/\/mostafa.openonline.co.uk\/?guid=2f4dd7d9902a57286a244ff43db2116e"},"modified":"2016-04-21T11:18:09","modified_gmt":"2016-04-21T11:18:09","slug":"press-release-12-year-disqualification-for-director-whose-company-sold-rare-earth-elements-as-an-investment","status":"publish","type":"post","link":"https:\/\/mostafa.openonline.co.uk\/?p=69819","title":{"rendered":"Press release: 12 year disqualification for director whose company sold Rare Earth Elements as an investment"},"content":{"rendered":"<div class=\"govspeak\">\n<p>Samuel Peter Hawkins, a director of Global Metal Exchange Ltd (<abbr title=\"Global Metal Exchange Ltd\">GME<\/abbr>), has given an undertaking to the Secretary of State for Business, Innovation &amp; Skills to be disqualified as a director for 12 years. The disqualification regime exists to protect the public. Mr Hawkins\u2019s disqualification from 22 March 2016 means that he cannot promote, manage, or be a director of a limited company until 2028. <\/p>\n<p>This disqualification follows investigation by the Official Receiver at Public Interest Unit, a specialist team of the Insolvency Service. The Official Receiver\u2019s involvement commenced with the winding up of the company in the public interest, after the affairs of the company were investigated by Company Investigations. <\/p>\n<p>The investigation found the price of the <abbr title=\"Rare Earth Elements\">REEs<\/abbr> had been inflated by several hundred percent so that the only entities to make money from the venture was <abbr title=\"Global Metal Exchange Ltd\">GME<\/abbr> and its supplier of <abbr title=\"Rare Earth Elements\">REEs<\/abbr>. It was uncovered that <abbr title=\"Global Metal Exchange Ltd\">GME<\/abbr> telephoned individuals and sold them <abbr title=\"Rare Earth Elements\">REEs<\/abbr> on the basis that they were suitable as an investment. There was no viable exit strategy for <abbr title=\"Global Metal Exchange Ltd\">GME<\/abbr>\u2019s customers at the time and, even if there was, the price <abbr title=\"Global Metal Exchange Ltd\">GME<\/abbr> charged for the <abbr title=\"Rare Earth Elements\">REEs<\/abbr> meant that the <abbr title=\"Rare Earth Elements\">REEs<\/abbr> could not be sold without financial loss. As a result customers are owed at least \u00a333,414.61.<\/p>\n<p>Commenting on this case Paul Titherington, Official Receiver in the Public Interest Unit, said:<\/p>\n<blockquote>\n<p>The Insolvency Service will not hesitate to use its enforcement powers to investigate and disqualify directors whose companies defraud the public.<\/p>\n<p class=\"last-child\">The amount owed to customers may in fact be higher than that revealed by our investigations as the company failed to keep adequate records and there may therefore be additional customers I am presently unaware of.<\/p>\n<\/blockquote>\n<h3 id=\"notes-to-editors\">Notes to Editors<\/h3>\n<p>Global Metal Exchange Ltd (Company Registration Number 08162310) was incorporated on 31 July 2012.<br \/>\nThe petition to wind up the company was presented by the Secretary of State for Business, Innovations and Skills in the public interest following an investigation conducted by Company Investigations (Live), another specialist unit within the Insolvency Service which uses powers under the Companies Act 1985 (as amended) to conduct confidential enquiries into the activities of live limited companies in the UK on behalf of the Secretary of State for Business, Innovations &amp; Skills (BIS). The winding up order against Global Metal Exchange Ltd was made on 12 March 2014.<\/p>\n<p>On 22 February 2016, Mr Hawkins signed a disqualification undertaking for a period of 12 years.  The period of disqualification will commence on 22 March 2016.<\/p>\n<p>A disqualification order has the effect that without specific permission of a court, a person with a disqualification cannot:<\/p>\n<ul>\n<li>\n<p>act as a director of a company<\/p>\n<\/li>\n<li>\n<p>take part, directly or indirectly, in the promotion, formation or management of a company or limited liability partnership<\/p>\n<\/li>\n<li>\n<p>be a receiver of a company\u2019s property<\/p>\n<\/li>\n<\/ul>\n<p>In addition that person cannot act as an insolvency practitioner and there are many other restrictions are placed on disqualified directors by other regulations. <\/p>\n<p>Disqualification undertakings are the administrative equivalent of a disqualification order but do not involve court proceedings. Further information on director disqualifications and restrictions can be found <a href=\"https:\/\/www.gov.uk\/government\/collections\/information-about-company-director-disqualification\">here<\/a>.<\/p>\n<p>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. It may also use powers under the Companies Act 1985 to conduct confidential fact-finding investigations into the activities of live limited companies in the UK. In addition, the agency 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. <\/p>\n<p>Further information about the work of the Insolvency Service, and how to complain about financial misconduct, is <a href=\"https:\/\/www.gov.uk\/government\/organisations\/insolvency-service\">available<\/a>.<\/p>\n<p>All public enquiries concerning the affairs of the company should be made to: <\/p>\n<p>The Official Receiver, Public Interest Unit (South), The Insolvency Service, 2nd Floor, 4 Abbey Orchard Street, London WC1B 3SS. <\/p>\n<p>Tel: 020 7637 6404  Email: piu.or@insolvency.gsi.gov.uk     <\/p>\n<h2 id=\"contact-press-office\">Contact Press Office<\/h2>\n<p>Media enquiries for this press release \u2013 020 7674 6910 or 020 7596 6187<\/p>\n<div class=\"contact postal-address\" id=\"contact_2691\">\n<div class=\"content\">\n<h3>Press Office<\/h3>\n<div class=\"vcard contact-inner\">\n<p class=\"adr\">\n<span class=\"street-address\">The Insolvency Service<br \/>\n<br \/>\n<\/span><br \/>\n<span class=\"locality\">4 Abbey Orchard Street <\/span><br \/>\n<span class=\"region\">London<\/span><br \/>\n<span class=\"postal-code\">SW1P 2HT<\/span>\n<\/p>\n<div class=\"email-url-number\">\n<p class=\"email\">\n              <span class=\"type\">Email<\/span><br \/>\n              <a class=\"email\" href=\"mailto:press.office@insolvency.gsi.gov.uk\">press.office@insolvency.gsi.gov.uk<\/a>\n            <\/p>\n<p class=\"tel\">\n              <span class=\"type\">Media Manager<\/span><br \/>\n              020 7596 6187\n            <\/p>\n<\/p><\/div>\n<p class=\"comments\">For all media enquiries outside normal working hours, please contact the Department for Business, Innovation and Skills Press Office on 020 7215 3234\/3505. <\/p>\n<p>This service is for journalists only. For any other queries, please contact the Insolvency Service switchboard on 020 7637 1110.<\/p>\n<\/p><\/div>\n<\/p><\/div>\n<\/div>\n<p>You can also follow the Insolvency Service on:<\/p>\n<ul>\n<li><a rel=\"external\" href=\"http:\/\/www.twitter.com\/insolvencygovuk\">Twitter<\/a><\/li>\n<li><a rel=\"external\" href=\"https:\/\/www.linkedin.com\/company\/3226944?trk=tyah&amp;trkInfo=clickedVertical%3Acompany%2Cidx%3A2-2-5%2CtarId%3A1437038215788%2Ctas%3Ainsolvency%20service\">LinkedIn<\/a><\/li>\n<li><a rel=\"external\" href=\"https:\/\/www.youtube.com\/channel\/UCcLiLoFYKt6sLLafxk1AplQ\">YouTube<\/a><\/li>\n<\/ul>\n<\/div>\n","protected":false},"excerpt":{"rendered":"<p>A director of Global Metal Exchange Ltd disqualified for 12 years for selling Rare Earth Elements as an investment and failing to maintain proper records.<\/p>\n","protected":false},"author":8,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[13],"tags":[],"_links":{"self":[{"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=\/wp\/v2\/posts\/69819"}],"collection":[{"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=\/wp\/v2\/users\/8"}],"replies":[{"embeddable":true,"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=69819"}],"version-history":[{"count":0,"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=\/wp\/v2\/posts\/69819\/revisions"}],"wp:attachment":[{"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=69819"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=69819"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=69819"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}