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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3670
Experience:  Solicitors 2 years plus PQE
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I had shares in my wife private limited company,. She is a

Customer Question

I had shares in my wife private limited company,. She is a GP and set up the company in 2008. During our marriage I accidentally found out my shares had been transferred to someone else in the buisness I did not consent to this or sign a share transfer agreement. Is this legal?
We are separated and she had been moving assets and changing things for a while. What should I do?
Submitted: 1 year ago.
Category: Law
Expert:  Alex J. replied 1 year ago.
Hi, Thank you for your question and welcome. MY name is ***** ***** I will assist you - I am a company law expert. Did you have share certificates? The only way the shares can be transferred from you without consent is if you signed a stock transfer form like a (CON40G), by court order or by a contractual provision like a shareholders agreement. How much were the shares worth?
Alex J. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
The buisness is valued at 500k. There were two partners , my wife was one. She then transferred mine to a third partner without me knowing. I did not sign anything, I found this completely accidentally when doing my taxes. No there was no stock transfer agreement etc..Is this illegal and can I do something about this?
Thanks
Amitava
Expert:  Alex J. replied 1 year ago.
Hi, Thank you. Potentially it is fraud - was name ever registered on the register of shareholders at companies house? Kind regards AJ
Customer: replied 1 year ago.
Not sure, how do I find out? And are you referring to my name being registered.
Thanks
Expert:  Alex J. replied 1 year ago.
Hi, Thank you. Yes this is correct - if you go to Companies House website and download the Annual Return from a year when you last believed you were a shareholder, this will tell you whether you were formerly registered.
Customer: replied 1 year ago.
No it does not seem I was on there
Expert:  Alex J. replied 1 year ago.
Hi, Thank you. What evidence do you have that the shares were ever transferred to you? Did your wife confirm this in writing?
Customer: replied 1 year ago.
I was informed by their accountant in writing. I asked her and she told me she could not give me an answer for another month. However she did tell me I did have shares and they had changed
Expert:  Alex J. replied 1 year ago.
Hi, Thank you. Is the accountant a regulated individual? Is the accountant able to tell you who organised the share transfer?
Customer: replied 1 year ago.
It's the companies accountant. Can I find out as for some reason she is delaying this, or do I need her permission to speak with them
Expert:  Alex J. replied 1 year ago.
Hi, Thank you. Yes you can ask the company accountant if she arranged the transfer. What you need for the time being is some evidence that the shares were transferred to you - did your wife confirm anything in writing?
Customer: replied 1 year ago.
Only verbally. So am I legally ok to ring her accountant?
Expert:  Alex J. replied 1 year ago.
Hi, Thank you. Yes you can contact the accountant, but you cannot force her to give up information she is not entitled to. May I ask is this now being discussed as part of a divorce?
Customer: replied 1 year ago.
I have contacted her accountant. As part of full disclosure I under she has to inform me, as I am potentially entitled to 50 percent of her stake in the buisness
Expert:  Alex J. replied 1 year ago.
Hi, Thank you. That certainly maybe the case, especially if the business is a marital assets and this part of divorce proceedings. Kind regards AJ