Insolvency practitioner sanctions: Mark Tailby 7 December2023
On 7 December 2023 a Disciplinary Consent Order was made against Mark Tailby formerly of Voscap Limited
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This Order is made in relation to an allegation that Mark Tailby:
1) breached the ‘Money Laundering and Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations’ (‘MLR’) 2017, when in his role as Liquidator of a limited company he failed to:
- apply adequate measures for Customer Due Diligence (‘CDD’) and failed to verify the identity of the customer in accordance with Regulations 27 (1) (a) and 28 (2), and
- failed to verify the identity of the customer prior to the establishment of a business relationship in accordance with Regulation 30 (2), and
- maintain adequate records of CDD conducted in accordance with Regulation 40.
2) breached the fundamental principle of professional Competence and Due care of the Insolvency Code of Ethics when, in his role as officeholder of no less than 30 companies he failed to satisfy the Insolvency Practitioners Association that adequate Professional Indemnity Insurance (‘PII’) run-off cover was in place for a period of six years after ceasing to act.
Accordingly, Mr Tailby is liable to disciplinary action under Article 66 of the IPA’s Articles of Association. 3