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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We are Accountants with over 500 clients. Ten of our clients,

Customer Question

We are Accountants with over 500 clients. Ten of our clients, all trading similar restaurants were struggling with debts and they decided they wanted to wind their companies up. We found an insolvency practioner and helped them liase if they required help as they are foreign. These companies are now being investigated by the insolvency service for possible links and pheonix companies
We were not aware of their day to day running of the company, we did not recommend they close and obviously we did not recommend to close and reopen
All we did was put them into contact with the liquidator and helped them if they were stuck with the forms
The insolvency service wrote to us asking about our involvement, which to be fair they were not accusing us of anything just asking about our role with the companies, which was just as accountant
We just want to make sure legally we are not liable for anything as surely it is the directors and liquidators responsibility not ours who just acted as a broker
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
Unless you knew then you are not liable. You are simply a broker or agent and therefore unless you had knowledge or were negligent you will not attract any liability.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
We definitely had no knowledge of any phoenix companies or if they were taking money out before closure, what could we be negligent of please ?
Expert:  Ash replied 1 year ago.
If you should have made checks and you didnt. I dont know what Accountants are required to do when instructing an IP. But if there are checks you made which you didnt, then you could be liable. Otherwise you are not.
Does that help?
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
yes thank you. we were not asked to make any checks at all. they were all passed on in good faith.
that's fine, put my mind at ease thank you
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.
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Customer: replied 1 year ago.
We did forward on corespondence for completion in our role of broker, obviously this was ok ? We never completed any forms ourselves
Expert:  Ash replied 1 year ago.
Yes this is ok.
Does that clarify?
Alex
Customer: replied 1 year ago.
Thanks
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/