Thank you Alex
I do not have a any share certificate, and i wasn't given a shereholders agreement.
I was appointed a director in december 2011 and i didnt not sing AP01 form, but i have found it on companies house, where the structure of the company stated that i have 20%
I have got access to the company's financial record.
I was working for this company since 2006, and in 2011 when i was pregnant , we had a big client going bankrupt, leaving the company with a massive debt. I was on maternity leave when they offered me a shares on the company, as they had to sing a company voluntary agreement to avoid closing the business down. I was under pressure, to keep my job to agree to join the company,and as you can understand, with me being 7months pregnant i wasn't able to seek for a job.
I was told that the only way to save the company was if we will all take guarantees, and this i calculated on the percentage the business. My guarantees are for 24k and the other directors for 25k. This all was making sense to my, as they said own a 32% and the other 2 directors own 34%. I have discovered few weeks ago that the split between us is not 32,34,34 but 20,40,40.
I always trusted them very much and i just didn't even thought that something is wrong. I didn't know i need to sign an agreement, or that something like a share certificate exist. I feel i was overused and i don't know what to do....should i leave and how to leave , if i am also a guarantor. I dont want to take this to court, unless i wont have any other choice, i just want to leave, and start a job in similar business. I think i cant work here any more due to a trust issue.
i am loosing my mind, my business partners would normally be the people who i would go for an advice and i have no one else here who can help me.
No, i don't have anything in writing.
Company is currently in CVA and untill 2017 will be in red, as that's when debt is written off. We are currently 200k in red, but 2013 profit was around 6k
How can i release myself from guarantees?
I just want to leave this company, i feel that i cant trust them, and i would rather to go away and work for another company.
Here is another question, as i have a very good relationship with my clients, if i would work for another company, can i contact my current clients to let them know that, and offer them service somewherelse?
We don't actually owe money to the factoring company, but they are supporting us with 85% of total amount we invoicing every week. Its a recruitment company, so we have to pay our employees every week, and clients are paying within 30day. Here is another question, my contract of employment has been sing by myself in 2006, when i was working for this company on different position. I believe they do not have a copy any more (i may be wrong, but i am almost sure). I still have a copy, and it does say that i am not allowed to seek for an employment in any our clients company, unless they will agree in writing that i can, and that i cant use any details, unless they are public details. All contact details of my clients can be found online. There is nowhere an information that i am not allowed to to poach my clients. Can i email you a copy of my contract so you could just double check if i am right?
Also there i a person in my office who would be able to take my guarantees with my shares on.
I will email you my contract later in today. I think this person will take the same guarantees as ive got. Whats my options if bank wont agree to release me from being a guarantor? Of if this person wont want to take this deal? Or my business partners wont allow me to resign from being a guarantor ?
Factoring contract is a 2 year contract and is due for renewal now. We owe between 160-200k, and this figure may be different every week, depending on total invoicing etc.
Please find attached part of my contract, regarding confidentiality and restrictions
I dont know if those attachments are sending properly, as my scanner doesnt work, so i can only send you a picture of my contract.
Attachments are only available to registered users.
That is actually great news, as i am not planning to contact my clients but wanted to know if i can in a future.
Just a last question, if for example our factoring company wont release my fro, being guarantor, what are my options?
What should i do if i would like to stay? How to secure my position? Or do you think i shouldn't consider that option?