Two companies face criminal proceedings

Four months after permanently banning the director of two financial services companies, the Australian Securities and Investments Commission (ASIC) has announced criminal proceedings against companies for failing to lodge financial accounts.

ASIC said APC Securities Pty Ltd, formerly known as McFaddens Securities Pty Ltd, and Brava Capital Pty Ltd, formerly known as Dayton Way Securities Pty Ltd, appeared in the Sydney Downing Centre Local Court on 24 October 2023, charged with:

• three counts of failing to lodge a profit and loss statement and balance sheet, and
• three counts of failing to lodge an auditor’s report with the profit and loss statement and balance sheet.

ASIC alleges that APC Securities and Brava Capital each failed to lodge their financial accounts and auditor’s report for each of the financial years from 30 June 2020 to 30 June 2022.

Both matters were adjourned to 21 November 2023 for further mention.

APC Securities and Brava Capital are both connected to Sydney businessman David Sutton. Mr Sutton was sole director of APC Securities and co-director of Brava Capital.

APC Securities Pty Ltd has also been known as Dayton Way Financial Pty Ltd, Avalon Pacific Capital Pty Ltd and McFaddens Securities Pty Ltd and held AFS licence number 338 943 between 16 September 2009 and 29 June 2023.

Brava Capital Pty Ltd was known as Dayton Way Securities Pty Ltd until 31 August 2023 and held AFS licence number 382 585.

ASIC permanently banned Sutton on 29 June 2023 from providing any financial services, performing any function involved in the carrying on of a financial services business and controlling an entity that carries on a financial services business.