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SS Legal Advisor
SS Legal Advisor, Advocate
Category: Law
Satisfied Customers: 637
Experience:  Senior Caseworker at DL Solicitors
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I have an issue trying to dissolve a company, UK, I have

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Hi I have an issue trying to dissolve a company
JA: Where are you? It matters because laws vary by location.
Customer: UK
JA: What steps have you taken so far?
Customer: I have signed the DS01
JA: Anything else you want the Lawyer to know before I connect you?
Customer: my co director is also the director of another company, signed after we started ours, whom we owe invoices too and he and the accountant are saying unless I reach an agreement to repay them, some dating back 6 years they will stop the dissolution.
Customer: replied 2 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 2 months ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 2 months ago.
I'm happy to wait
Customer: replied 2 months ago.
Hi I have paid for this service and was told it was very good. I haven't received an answer yet.
Customer: replied 2 months ago.
You say you will receive an answer within half an hour it's been almost 20 hours

Hello,

Sorry for the delay, Just Answer is a platform for working professionals to answer questions, often outside of office hours.

Looking at your situation. The reality of dissolution is that when applying for it, if you have not paid off all debts, invoices etc is that there is likely to be push back against the dissolution.

If the company has no money to pay these debts, then the company is insolvent and you would have to file for voluntary liquidation but I doubt your co-director will agree with that.

The next step would be for them to undertake debt recovery from the company, whether that is possible will depend on what money the company has. If it has none then that is where the buck stops.

Happy to answer follow ups.

Kind regards,

S

Customer: replied 2 months ago.
Thank you so much, yes I understand. My issue is I don't know what to do next. The company has no money. Can I send you some points and the last email so you can help me reply?
Customer: replied 2 months ago.
I feel I've been manipulated into a situation and have now notified the exhibitors I had, who paid a monthly fee and have no website, as we've taken it down so can't make any money.
Customer: replied 2 months ago.
Our accountant is also his personal accountant and his company's accountant so I don't feel I can trust what they are telling me.
Customer: replied 2 months ago.
They want me to sign a document to repay the invoices
I am happy to answer follow ups and will try to assist with what ever is in my remit.
From my understanding that accountant has a conflict of interest and should step advised.As advised if the company has no money then it has no money. Either you become voluntarily insolvent or your debtors can force the insolvency.
Customer: replied 2 months ago.
Thank you. Could I ask if it would be normal for a director to take himself to court over a debt? Or would they simply right it off?
He wouldn't be taking himself. He would be taking the company which is its own legal entity.There would be a conflict of interest though
SS Legal Advisor, Advocate
Category: Law
Satisfied Customers: 637
Experience: Senior Caseworker at DL Solicitors
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Customer: replied 2 months ago.
I've sent a phone call request when would be good to talk as I would like to really understand my position

I have tried call but doesnt connect. Can you check the number provided is correct?

Customer: replied 2 months ago.
Hi did you try to call?
Customer: replied 1 month ago.
Hi, yes I do have another question. you said I could file a DS01 individually without my business partner which isn't true coudl you confirm

As long as resolution has been passed then that's fine.

Customer: replied 1 month ago.
The issue I have is he wants me to agree to repay invoices owed to his other company as a private individual and is saying his company would block our dissolution until I agree to a payment plan. That means the dissolution is stalled and I don't know what to do next.

You dont have to agree. Then get a Court order to dissolve.

But that costs and takes time.

Customer: replied 1 month ago.
Thank you. I still don't know what to do then. The company has no money, we owe the bank 1600 pounds. If we were bankrupt how would that affect us? I don't own a house or have any assets. Would he be able to continue to be a director of his other company?

It wont, unless you have a personal guarantee.

Customer: replied 1 month ago.
Sorry could you expand