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Alex J.
Alex J., Solicitor
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Experience:  Solicitors 2 years plus PQE
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I need a legal opinion, on ownership of a uk company. Please let me know how much it will

Resolved Question:

I need a legal opinion, on ownership of a uk company. Please let me know how much it will cost:
Basic Example:
Company A Limited, is owned by Company co Limited.
The annual returns, register of members and company books (signed by directors) confirm that, but Company co Limited was not incorporated in the UK and there was no record of it being foreign. I incorporated Company co Limited in the UK, then I found by searching Google that there is a company Company co. Limited (note misspelling) incorporated in under jersey law.
Because the all the ownership documents is in my company name (Company co Limited) and their company is spelled differently and under Jersey law, would I be the legal owner of Company A Limited.
So, under English Law does:
Company co Limited, in the UK
Or
Company co. Limited, in Jersey
Own
Company A Limited, in the UK.
Submitted: 10 months ago.
Category: Law
Customer: replied 10 months ago.
scan attached
Expert:  Alex J. replied 10 months ago.
Thank you for your question and welcome. My name is ***** ***** I will assist you. Can you confirm is the Jersey company completely separate from your UK company? The only similarity being the name? Kind regards AJ
Customer: replied 10 months ago.
Yes, two complete separate entities. I have the UK Company and the Jersey Company is in no way attached/related to me.
See attached file.
Customer: replied 10 months ago.
Yes, the names are ***** ***** similarity. Spelt slightly differently.
Expert:  Alex J. replied 10 months ago.
Hi, Thank you. If the companies are completely separate legal entities (and unconnected other than by name) the Jersey will not acquire ownership of the UK Company assets by virtue of its name alone. Who formed company A? Kind regards AJ
Customer: replied 10 months ago.
I am going to pay for a phone call. To save time, here is how I see it and what I need to confirm.Company A (Host Europe Investments Ltd.) was incorporated by third parties, not related to me.To Clarify:
The way I see it, Host Europe Investments Ltd. (Company A) was in an ownerless state, as the company that wholly owned them by shares did not exist, until I incorporated it in the UK. It does not matter between the two companies (UK vs Jersey) who was incorporated first, the legal owner is recorded on the ownership documents and the exact spelling matters. Misspellings can change them owner.3 things:
Because my company is the exact spelling on all the ownership documents, with companies house, I am considered the legal owner of company A (Host Europe Investments Ltd.) and it’s assets, under UK law.The Jersey company cannot claim that they are the real owner, because they are incorporated in Jersey which is a different jurisdiction and my application will be made to UK courts.Even if they claim a misspelling on the filed ownership documents, a different name changes the legal owner, does not matter if it is intentional or by accident. They also have an issue as the misspelling would have been persistent through many years and different ownership documents.
Expert:  Alex J. replied 10 months ago.
Hi, Thank you. I am afraid I unavailable for phone calls currently - if you want a phone call then I can re post the question for another expert? Here is how I see it, if Company A became ownerless (by virtue of either the insolvency or death of its owner) then it will come under the control and possession of the crown and treasury solicitor. Forming a company with the same name as its listed owner will not give you ownership of that company - the name does not determine the legal entity, it is the registered number that determines the legal entity or person. Forming a company with the same name as the former legal owner that no longer exists, will not create ownership the assets in A, that is because the company you have formed is fundamentally an entirely different legal person. If the company Jersey has done the same thing, it will have the same issue.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3522
Experience: Solicitors 2 years plus PQE
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