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bigduckontax
bigduckontax, Accountant
Category: Tax
Satisfied Customers: 3811
Experience:  FCCA FCMA CGMA ACIS
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My partner and I have a not company limited by guarantee

Customer Question

My partner and I have a not for profit company limited by guarantee and a joint business account.
I left the finances to him while I concentrated on the clients.
However I have discovered that over the last two years he has ignored our business account and paid all our Paypal receipts into his own current account and paid business expenses from this.
Half the receipts are missing.
I do not, for the moment, have reason to believe he has embezzled the money but
1. Is it legal to run your business finances through a personal account in this way?
and
2. Does he have the legal right to withhold from me sight of his personal account?
Annual accounts have been submitted to HMRC.
Submitted: 1 year ago.
Category: Tax
Expert:  bigduckontax replied 1 year ago.
Hello, I am Keith, one of the experts on Just Answer, and pleased to be able to help you with your question. Well it is not illegal, but it is not a very good idea as mix ups like this can occur. As a professional accountant I wouldn't tolerate it for a minute! He might have the legal right to with hold his accounts from you, but should you apply to the Court for access any defence by him would receive short shrift. I suggest that gentle negotiation would be the order of the day and if that doesn't work a solicitor's letter might bring him to his senses. One holes that the annual accounts are correct. I do hope that I have shown you a way forward.
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Expert:  bigduckontax replied 1 year ago.
Thank you for your excellent support.

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