Hi, Thank you for your question and welcome. My name is ***** ***** I am a company law expert. Was the dividend proposed by the directors and approved by shareholder resolution? Did other shareholders receive their dividends? Kind regards AJ
Hi, Thank you. Who are the directors? Your wife cannot have a directors loan if she is not a director. Shareholder funds (dividends) should not be classed in the loan accounts. The directors have potentially breached their obligations by filing incorrect statements. Can the shareholders seek to remove the directors? What has actually happened to the money? Have the directors taken it?
Hi, Thank you. Based on what you have described this does sound like it could be fraud. Is it just the one shareholder and her husband who are doing this action? Does the other shareholder support your wife's concerns? The first step would be to remove the director who has done this so you can get all of the financial statements from the accountant. That way you can start compiling evidence of the fraud? I look forward to hearing from you. Kind regards AJ
Hi, Thank you. ***** can assist any further please let me know. I think the best way forward would be to pass an ordinary resolution and remove the offending director. You can then look to sue him on behalf of the company to recover any misappropriated monies? Kind regards AJ