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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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I recently formed two new limited companies and have applied

Customer Question

I recently formed two new limited companies and have applied for an operators licence for my lorries, for own goods carriage, based on the guidelines that say a user is who employs the staff and who owns the vehicles however as this company is not the trading company I cannot satisfy the financial caveat as my other limited company pays wages and bills and sends the invoices . The Vosa Operative says that it should be in the trading company's ltd name and that if he puts forward my situation my application will be rejected and this will then be on my record. He thinks it should be applied for in the trading company's name making my current licence illegal. Is any one able to give me any legal advice re this situation ? I am the director of both companies and neither is the holding company of the other
Submitted: 4 years ago.
Category: Law
Expert:  UK-Justice replied 4 years ago.
Thanks for your question, my name isXXXXX will do whatever I can to help you today.

Vosa are correct. The licence needs to be in the trading name.

This is because of the one company that holds the licence is not doing the trading, there is a financial risk associated with the licence.

As such the trading company needs the licence.

The only other thing would be to sell the trading company to the other company so that it holds the shares. Then the issue would not be as great.

But you either need to transfer the co so it's holding, or have the licence in the name of the trading co.

Sadly there is no other way around it. In any event if you are refused you can appeal the decision but clearly you won't want to go down that route as you have to pay legal fees for representation in court.

But the licence is in the name of the trading co seems the best option.

I hope this helps and if there is anything else I can do to help you today please let me know.


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UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience: Called to the Bar in 2007
UK-Justice and other Law Specialists are ready to help you
Customer: replied 4 years ago.
I am worried in that I will be operating illegally until the correct licence is granted and cannot afford to stop my business do you have any thoughts on this
Expert:  UK-Justice replied 4 years ago.
I would not be concerned at this stage.

I hope this helps and if there is anything else I can do to help you today please let me know.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Expert:  Shantal-Mod replied 4 years ago.

Hello,


It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.


Thank you,
Shantal