Victorian director charged with making false statement to ASIC 8 December

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.

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