A banned builder who is also an undischarged bankrupt has fronted court over allegations he attempted to register new companies using fake names for directors and appoint others without their consent.
NSW man Matthew Geoffrey Rixon appeared before Gosford Local Court on the NSW Central Coast on 36 charges of making false and misleading statements, ASIC said in a statement.
According to the regulator, Mr Rixon lodged 36 documents with it between 11 March 2015 and 1 July 2017 that contained inaccurate or misleading statements.
ASIC has alleged that Mr Rixon attempted to register multiple companies under fictitious names or by appointing directors without their consent.
Once those companies had been registered, he then allegedly attempted to register business names.
That was despite him having been permanently banned by the NSW Supreme Court from working in the home building industry and being an undischarged bankrupt at the time of the offences, ASIC said.
By law, anyone who is an undischarged bankrupt, or who has not fully met the conditions of a personal insolvency agreement, is automatically disqualified from managing companies and ceases to be a director or company officer.
Circumventing this ban can lead to a penalty of $8,500 or a year behind bars, or both.
Mr Rixon did not enter a plea in his initial court appearance on 11 December, with the matter adjourned until 12 February 2019.
If convicted, each of the 36 charges carries a maximum penalty of five years’ jail time.
Adam Zuchetti is the editor of My Business, and has steered the publication’s editorial direction since early 2016.
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