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Buachaill, Barrister
Category: Law
Satisfied Customers: 10525
Experience:  Barrister 17 years experience
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I registered a domain with my own money, in my name and my

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I registered a domain with my own money, in my name and my home address for a company I was a shareholder of. Not once was I ever paid for or expense the money. That company has now been liquidated. The other shareholder has spun off a firm and claims that the domain is the property of the liquidator just because he wants to continue to use it for new co and he knows the liquidator personally. I have let him use the domain but I continue to pay for it. I now want to sell it on but have been threatened that if I reduce the value of the domain for the liquidator I will be responsible for the cost. Nothing has been formally issued to me. Where do I stand?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. You are still the rightful owner of the company domain and any threat that you will be responsible to the liquidator for any loss or cost of the domain is an empty threat. Essentially, the liquidator is in a very weak position. The company doesn't own the domain or the name of the domain. This is your property. Just because you gratuitously (no charge) provided the domain name for the company gives the company no rights over it. In no way can a shareholder's property be appropriated for a company's benefit.
Expert:  Buachaill replied 1 year ago.
2. Similarly, the other shareholder is in a very weak position. He is attempting to assert a non-existent right of the liquidator and company to the domain and its name. He clearly realises that the company doesn't own the domain name but he will seek to use coercion in order to achieve his aim of restarting trading using the domain name. However, legally speaking, his claims and his threats have no legal basis for them.
Expert:  Buachaill replied 1 year ago.
3. I would advise you to simply write back to the liquidator and point out that the company has no right to the domain name. Instead you are seeking payment for licensing the use of the domain to the company and you would like to raise a claim for a debt in the liquidation. This will soften the cough of the liquidator and he will quickly move on.
Expert:  Buachaill replied 1 year ago.
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Customer: replied 1 year ago.
Similary I personally lent the same share holder £4500 back in april 2014, he paid £1000 back and now has refused to pay any more back. I lent this to him in good faith via bank transfer but no documents were drawn up. How do I get this money back?