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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10772
Experience:  Barrister 17 years experience
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My partner divorced her husband in 2010, and has only just

Resolved Question:

My partner divorced her husband in 2010, and has only just found out that after that date he resigned as a director of their Ltd company and made her the only director while indicating that she had consented by forging her signature. At this time also he made her the 100% shareholder again without knowledge, although she had no say in the running of this company which he has since closed this company and started a new company. This information came from companies house, and I have concerns that he may still be using her name.

Submitted: 3 years ago.
Category: Law
Expert:  Buachaill replied 3 years ago.

Buachaill :

1. It is a criminal offence to forge another person's signature on a Companies House form. Additionally, it is a criminal offence to forge winding up papers and wind a company up when you are no longer a shareholder in the company which is what your partners husband did. Accordingly, this man would be made the subject of a Director's Disqualification order banning him from life from being a director or otherwise involved in the management of a company if these matters were brought to the Attention of Companies House and the Department of Business, Enterprise & Regulatory Reform which is the successor body to the DTI and responsible for corporate enforcement.

Buachaill :

2. Additionally, fraud or the tort of deceit is a civil wrong as well as a crime. So your partner can sue her husband for damages for what he has done here. She may take the view that she is better profit from what he has done rather than get him given a criminal conviction. So she has a number of options. She should also find out what he did with the company whilst she was the sole director and sole shareholder. Something else might come to light here.

Customer:

How would I go about obtaining copies of the accounts prior to the winding up of the company. Should I look to obtain details of the winding up as again it would seem as that to do this he would of needed my partners signatures again? Plus there is then the issue of what happened to the cash from the company as accounts registered again with companies house indicate there to have been money in the business, plus for several years whilst trading he not only had me down as company secretary but also one of their daughters which I would guess on paper paid them a salary of which no salary given but was as a means of avoiding higher rates of Tax

Buachaill :

3. Firstly, company accounts have to be lodged with Companies House and are a public document. So get a company search agent to get your a copy of all company documents from 2010 onwards as well as the documents of incorporation. The winding up documents will also have to be filed in Companies House, so get them too. Secondly, if there was money in the company when wound up, it should have been paid out to the shareholder, your partner. However, rather than speculating now that the position is, get the relevant documents and piece together what went on. No point having a "guess". Find out the true situation!

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