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Joshua, Lawyer
Category: Law
Satisfied Customers: 31678
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have a query related to registering a limited company,

Customer Question

Hi, I have a query related to registering a limited company
JA: Where are you? It matters because laws vary by location.
Customer: United Kingdom
JA: What steps have you taken so far?
Customer: none as yet, someone I have worked with is intending to create a limited company but claims they can backdate the registration by several months
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I don’t think so
Submitted: 14 days ago.
Category: Law
Expert:  Joshua replied 14 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

Expert:  Joshua replied 14 days ago.

how may I assist in relation to the above please? You refer to a query in regards ***** ***** a company registration?

Customer: replied 14 days ago.
I am personally registered as a sole trader for some years.
Last year I was asked to help build a new business elsewhere, I was told my taxes/national insurance would be the responsibility of the person funding the new business.
The business didn’t work out and I subsequently left.
As yet my taxes are not paid, they have said they still intend to create the limited company with me as a director as part of their plan to resolve the taxes etc and then dissolve the company.
I can’t see that being ok legally, I was paid a sum monthly from June last year until end of feb this year.
My thinking is it’s fraudulent to retrospectively set a company in that way?
The business did exist to some extent, I was working on the business but as far as I know there is no paperwork to show any of this as it was within another separate business
Expert:  Joshua replied 14 days ago.

it is not possible to backdate the registration date of a company. The company only comes into existence on the day it is incorporated and prior to that, it does not exist. it is no more possible to backdate the registration date of the company as it is to backdate someone's date of birth. Any transactions that were carried out prior to incorporation were not carried out by the company and should not be included in company accounts.

If they have an existing company which has orally been registered, then it is potentially possible that they may be able to show transactions were carried out by that company but that would depend upon the facts - e.g. whether that company account was being used and so on.

Expert:  Joshua replied 14 days ago.

from what you say, any agreement in the absence of a registered limited company is presumably with one or more of the individuals you contracted with and if you can demonstrate an agreement whereby they agreed to pay you a certain amount of money whether or not that included covering your tax liability and so on, you may have a claim that you can bring person against those one or more individuals

Customer: replied 14 days ago.
Thank you for the reply.Yes my intention is to push to simply invoice them for my time to the value of the payments I received.
I do have them stating in an email they were liable for my taxes etc, so hopefully I can recoup that from them.So I assume the same goes for if they pushed to set up a “company” now and add the previous payments to me to current books if that makes sense?
Expert:  Joshua replied 14 days ago.

On the face of it that would be potentially fraudulent accounting and you would need to take careful advice from an accountant in that regard.

Customer: replied 14 days ago.
Expert:  Joshua replied 14 days ago.

I'm glad the above answers all your questions for now. If you have any follow up questions please revert to me.

Expert:  Joshua replied 13 days ago.

I hope I was able to answer your question. If you would like to ask me another question in the future, you can add me as a favourite Expert. You'll have the option to do that on your "My Questions" page if you choose to rate our interaction or you can request me by name if you wish. Thank you again for visiting JustAnswer and see you again in the future I hope.