Companies House - what do I do (if anything)?!!

clearingout

Hello,
Not sure if this website is the right place for this but thought there might be some knowledgeable people out there!

My ex husband is the sole director of a ltd. company. I was company director until last June but resigned as he was refusing point blank to provide me with any information.

He has not yet filed accounts for 07/08 and for the second time is going through the process of being 'struck off'. The company was trading up until very recently, that much I do know, and I suspect is probably still trading at some level. 07/08 accounts were professionally produced by the company accountant for our divorce so I know they exist! It is a mystery to me why they haven't been filed - can only assume he hasn't paid the accountant or they do not reflect the true financial position and accountant won't sign them off?

I suspect the first striking off was halted when I resigned as company secretary as I phoned them for some advice and had a conversatinon with them which made it clear the business was still operating. I have seen many, many letters from them drop through our family home's letter box (company was previously registered here) which have been forwarded to the ex.

What, if anything, do I do? There is no love lost between the ex and I - he is in dreadful financial trouble and I suspect upsetting Companies House is the least of his problems - but I don't want to get him into trouble. At the same time, I don't want to ignore this - I feel almost like I should force it with Companies House so they force it with him if you see what I mean. He is an ostrich at the best of times but I am worried the implications are serious if he continues - forcing him to take his head out of the sand for two minutes might be preferrable to him living life worrying about every knock at the door?

I know he is no longer my responsiblity. But our children are. And the life their father is leading and the messages he sends them are far from acceptable. Again, not my responsiblity - his relationship with them, he has to live with it. But at some level, so do I! And I worry about the mess he is in and if I can help him, I will (assuming he'll let me).

So, what are the legal implications of him keeping his head in the sand? Are there any implications for me as former company secretary and knowing that the business is operating and I keep quiet? Presumably cross-checking with HMRC will occur prior to shutting him down (I suspect he hasn't paid them, either)? Is he doing anything which might be result in a criminal conviction and disqualify him from ever being a company director again? Can anyone point me to a business website that might have answers for me as I'm struggling to make sense of things!

many thanks

Horace

If you are no longer Company Secretary then I doubt that you would be contacted. If your ex fails to submit accounts to Companies House then they will strike his business off their register and it could mean that he becomes blacklisted for want of a better word from becoming a director of any company again.

I know he is your ex and that you are trying to protect your kids but I think that rather than becoming embroiled in something that is no longer your business (you don't work the for the company, you're divorced) then I would be inclined to let him get on with it.

I dont think a business website will tell you what you want to hear, maybe a solicitor might but do you really want all that expense?

The time has come for you to move on with your life - start looking forward and not back.

vivatifosi

I agree with Horace, move on. If you haven't done so, go to "order information on this company" in the Webcheck part of the Companies House website and you can see what official docs have been filed on this company. I'd double check your resignation is listed, but otherwise, good luck with the rest of your life, you sound better off without him.

Savvy_Sue

When you get that information on this company, if the business address is still listed as yours, I would write to Companies House and state that since you have resigned they should send all future correspondence to your ex. I don't know if they'll do that unless they hear from him, but it's another way of distancing yourself from his problems, which I agree you need to do.

You could, if you felt gracious enough, write to him and say that you have done this, and that if he wishes for your help he has only to ask, but I'm not sure that will get you anywhere.

Savvy_Sue

Oh, there is also a tax evasion form or hotline on the HMRC website, if you wanted to help him face up to any problems he may have in that area.