How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jamie-Law Your Own Question

Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 1296
Experience:  Solicitor
96104960
Type Your Law Question Here...
Jamie-Law is online now

I have a ltd company with nominee shareholder and director

Customer Question

I have a ltd company with nominee shareholder and director who also introduced me to my bank and kept my books for a few years, now the bank closed all the accounts of companies related to this person and I can't speak to him. I would like to know if I can avoid that he will disclose my name as a person with significant control with the company and/or cause me further damages.
Submitted: 2 months ago.
Category: Law
Expert:  Jamie-Law replied 2 months ago.

Hello my name is ***** ***** I will help you with this.

Do you have any contact information for this person? Are they just ignoring you?

Customer: replied 2 months ago.
his staff is contacting me to ask to provide missing documents for the bookeeping, I have told them that I would like to be contacted by him day ago, but he doesn't call or answering the phone. I would not mind winding up this company where I don't result to be shareholder or director, I don't have debts with any supplier but HRMC and VAT, the company has no funds and no assets remaining, but I'm afraid he could hurt me somehow, maybe giving my name to authorities British or Italian.
Customer: replied 2 months ago.
Do you need any other information?
Expert:  Jamie-Law replied 2 months ago.

have you written to him asking for contact?

Customer: replied 2 months ago.
for a few days I have sent sms to his mobile writing that I needed urgently to talk to him, the first time last week he replied the new bank account he requested for me would be ready last week or max last monday, after that he never replied to me.
No news about the bank neither
Expert:  Jamie-Law replied 2 months ago.

What is it you want to achieve please?

Customer: replied 2 months ago.
I would like not be responsible for anything he has done with the accountancy of this company, I would like my name not to be indicated as Person with Significant Control after the next annual return which is scheduled at the end of this month. Do you think that being the shareholder and Director would oblige him to pay any unpaid taxes for the LTD ( I don't care about him, I just don't want to be bothered or to be object of retaliation by him
Expert:  Jamie-Law replied 2 months ago.

Ok. If he does something he should not then you would not be liable. If he underpaid then you would not be liable for that. He would. That's because he should be operating the business properly as a nominee.

If he does not the he is in breach of contract to you and therefore liable for any losses as a direct result.

Can I Clarify anything for you today please?

Customer: replied 2 months ago.
Unfortunately I don't remember what documents I have signed years ago when I have appointed him as nominee, but I imagine he had done something to protect himself, especially if he could be responsible for any taxes the company didn't pay. I imagine there was some kind of documents where it says that I will responsible for any loss he may encounter carrying on his duties. Do you suggest to send an email to him, saying "Sorry, but I have not interest about this company, you could dissolve it if you wish to do so." ?
Expert:  Jamie-Law replied 2 months ago.

well if he underplays and someone comes after you, then you can counter sue.

I would write terminating the agreement and any retainer. Say you no longer accept liability for whatever reason.

Make sure you send by email and recorded delivery. Make sure you get it signed for.

Can I clairfy anything for you?

Customer: replied 2 months ago.
since it was my company which was paying his company for its services, to terminate the agreement I should write this termination letter as a Company, but I don't have any legal right to represent it, did I? He could easily demonstrate I was the one running the company and controlling the bank account which was sending the bank statements to my name to my home address, are you positive, I won't liable for anything?
Expert:  Jamie-Law replied 2 months ago.

You can terminate and if you are named on any documents then you can remove it at companies house. You will not be liable.

Does that clairfy ?

Expert:  Jamie-Law replied 2 months ago.

If this answers your question could I invite you rate my answer 3, 4 or 5 starts before you leave today.

I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.

Please bookmark my profile if you wish for future help.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice