We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Directorship and bankruptcy

24

Comments

  • debtinfo
    debtinfo Posts: 7,012 Forumite
    I doubt that would wash with the judge. To put it in perspective in 10 years i have come accross 1 case where it was granted by the judge
    Hi, im Debtinfo, i am an ex insolvency examiner and over the years have personally dealt with thousands of bankruptcy cases.
    Please note that any views i put forth are not those of my former employer The Insolvency Service and do not constitute professional advice, you should always seek professional advice before entering insolvency proceedings.
  • bacil_uk
    bacil_uk Posts: 86 Forumite
    debtinfo wrote: »
    I presume they are not traded, so normally you would go of the net assets on the balance sheet

    Thats exactly 420 pounds ... only asset company owns is used apple laptop :-) .... so just under half of it is mine (205 roughly), bu because we trade as small company we are not required to submit yearly statements etc ... so it would be hard to prove ... And we started trading not even year ago ...
  • debtinfo
    debtinfo Posts: 7,012 Forumite
    Well the OR is going to write to the company secretary to prove it at some point
    Hi, im Debtinfo, i am an ex insolvency examiner and over the years have personally dealt with thousands of bankruptcy cases.
    Please note that any views i put forth are not those of my former employer The Insolvency Service and do not constitute professional advice, you should always seek professional advice before entering insolvency proceedings.
  • bacil_uk
    bacil_uk Posts: 86 Forumite
    Oh and probably clarification ... i do this in my free time outside of my job :-) ... so i am not dependent on this
  • debtinfo
    debtinfo Posts: 7,012 Forumite
    also remember that as the OR will be holding the shares, if you get the patent and increase the value of the company and thus the shares you will be increasing the OR's asset
    Hi, im Debtinfo, i am an ex insolvency examiner and over the years have personally dealt with thousands of bankruptcy cases.
    Please note that any views i put forth are not those of my former employer The Insolvency Service and do not constitute professional advice, you should always seek professional advice before entering insolvency proceedings.
  • bacil_uk
    bacil_uk Posts: 86 Forumite
    debtinfo wrote: »
    Well the OR is going to write to the company secretary to prove it at some point

    So if we swap positions and i become secretary OR would write to me :-) ? that is silly ....


    re shares : so you suggest wait with patent ?
  • debtinfo
    debtinfo Posts: 7,012 Forumite
    how long do you want to wait for, the OR can hold the shares forever if they want to

    Also i would think that being the company secretary would involve in someway acting in the promotion formation or management of a company
    Hi, im Debtinfo, i am an ex insolvency examiner and over the years have personally dealt with thousands of bankruptcy cases.
    Please note that any views i put forth are not those of my former employer The Insolvency Service and do not constitute professional advice, you should always seek professional advice before entering insolvency proceedings.
  • debtinfo
    debtinfo Posts: 7,012 Forumite
    btw just to add that if you try and get round the rules, remember it is a criminal offence not a civil matter as this person recently found out

    http://www.mynewsdesk.com/uk/view/pressrelease/insolvency-service-national-company-director-jailed-for-sixteen-months-following-insolvency-service-investigation-489803
    Hi, im Debtinfo, i am an ex insolvency examiner and over the years have personally dealt with thousands of bankruptcy cases.
    Please note that any views i put forth are not those of my former employer The Insolvency Service and do not constitute professional advice, you should always seek professional advice before entering insolvency proceedings.
  • bacil_uk
    bacil_uk Posts: 86 Forumite
    debtinfo wrote: »
    how long do you want to wait for, the OR can hold the shares forever if they want to

    Also i would think that being the company secretary would involve in someway acting in the promotion formation or management of a company

    forever ? -- i thought thats only until discharge ?

    this is form companies house guidance : "The company secretary usually acts as the chief administrative officer of the company, leaving the directors free to concentrate on running the business."

    so no management, no formation (company already exists) and no direct route to management ...

    BTW: this is just to find out more ... i will resign from all posts as of monday next week (letters are signed and on the way to CH)
  • So_Sad_Angel
    So_Sad_Angel Posts: 7,363 Forumite
    Not sure if this helps at all....but for information purposes.

    http://www.company-formation-agent.com/html/company_secretary_.html
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 352.1K Banking & Borrowing
  • 253.6K Reduce Debt & Boost Income
  • 454.3K Spending & Discounts
  • 245.2K Work, Benefits & Business
  • 600.9K Mortgages, Homes & Bills
  • 177.5K Life & Family
  • 259K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.