Problems with limited company

eggheadriding1

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Savvy_Sue

Why would you be doing that? If it's to hide something, then I believe it would be illegal.

There's information here on Director's Addresses at Companies House, if you're talking about a Ltd Co. You can have a 'service address', which would presumably be your relative's address, but you must also give the residential address for any directors.

Savvy_Sue

Sorry, I didn't see the question about the cheques initially.

How was the company set up? Was it a Ltd? Have you talked to the bank about this yet? I am not sure of the answers, but if you answer those questions other people might be able to help more.

Savvy_Sue

eggheadriding1 wrote: »

Is this a police matter??

It could be.

Are you happy for me to pull these posts into a new thread for you? I think it might get a better response if I do.

Savvy_Sue

This thread given its own existence after starting in the Small Biz Start Up Discussion.

steve1980

Surely you should be seeking legal advise, not the advice of forum users? The bank is equally to blame as you really in allowing the cheques to be taken. I would see it as theft and therefore you should speak to to the police.

antrobus

eggheadriding1 wrote: »

basically i would like to know if it is illegal to start a new company using yours wifes name and another relatives address???

On it's own no. But it might well be seen as evidence of something else such as ...

eggheadriding1 wrote: »

... my business partner is trying to liquidate our company and has started a new business in readiness to take over the original company without me ...

... which might well amount to fraud, and is almost certainly misfeance.

eggheadriding1 wrote: »

- he has also signed thousands of pounds of cheques to himself without my signiture (our mandate with the bank requires 2 signatures for cheques - am I still liable for these payments???

If the account mandate specifies two signatories, and a bank is presented with a cheque signed by only one of them, then it should have bounced the cheque. So if the bank has paid £8,000 of cheques that were not signed in acccordance with that mandate, your company does not owe them that money. Whether that matters or not, given that the company is insolvent is something else.

What you need is some serious professional legal representation. Because what you probably need to do is sue your former
business partner for misfeance (breach of his fiduciary duty as a director) and likely sue the bank as well for its negligent facilitation of this misfeance. Or something like that. A solicitor who actually has some experience and direct knowledge of this kind of dispute will be able to give you a far better answer.

Horace

You need to seek professional legal advice, go and see the bank because they have allowed cheques to be cashed with only one signature (or has he forged your signature?), report the theft to the police - he has stolen money from the company and is acting in a fraudulent manner.

Arrange for a full audit of your accounts too so that you can find out just how much he has pinched from the company, use a different accountant than normal too just in case he is friendly with your current one.

paddyrg

It sounds like you have a fraud on your hands. HMRC will not take kindly to non-payment of VAT/taxes, so this is going to end badly...get yourself to a real live lawyer now to get your position established and as ringfenced as you can!

eggheadriding1

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eggheadriding1

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