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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9032
Experience:  I have been practising for 30 years.
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I have a question that relates to the books and records of a

Resolved Question:

Hello. I have a question that relates to the books and records of a company that was Dissolved in April 2016. The directors passed an 'ordinary resolution' at a general meeting of the company that authorises the books and records of the company to be destroyed 12 months following the date of dissolution of the company. This appears to replace the statutory 6 year period. I am now in a legal dispute with the two ex directors of the business (I was previously a director and a shareholder) and the matter is now in the chancery court. It is very likely that the books and records of the company will be required as evidence in those proceedings (on my side) so I need to understand the process I need to follow to have the resolution voided so that the books and records are preserved accordingly. I need advice on how to do that. Thank you.
Submitted: 10 months ago.
Category: Law
Expert:  F E Smith replied 10 months ago.

That seems to be a most bizarre resolution. Why was it done?

The easiest way of dealing with this is to apply to court for an injunction to prevent the destruction of the records.

Write to the directors saying that unless they agree to immediately preserve and supply the records, you will apply to court for an emergency injunction to make them preserve and produce the records and he will ask the court to award costs against them if they don’t comply.

The threat will carry more weight if it comes from a solicitor. If you don’t get the reply within a couple of days at most, make the application to court.

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Best wishes.

FES.

F E Smith, Advocate
Category: Law
Satisfied Customers: 9032
Experience: I have been practising for 30 years.
F E Smith and 2 other Law Specialists are ready to help you
Customer: replied 10 months ago.
Mr. Smith
Thank you for your reply. The directors want to bury certain information as quickly as possible which is why they have done it. If they do not willingly agree to preserve the records do I ask the court that is dealing with our dispute to raise the injunction (under the existing case reference) or is it a wholly separate application?

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