Advice regarding being a Company Secretary

notonker

Hi there

I agreed to be the Company Secretary for a family member's business, which I was told would involve no input other than just 'being there' so the company could operate.

The company is no more, or more accurately it is listed at Companies House as 'Active - Proposal to Strike off'. I have doubts about how everything ended and have asked several times to be removed from the company now, which apparently has been done.

I received a letter this morning from a 'Civil Enforcement Agents' company saying I am listed as a Director/Secretary/Shareholder' for this company and following the company's vacation of a property, money is owed to the council.

I want out of this company as it is no longer trading but doesnt seem to be fully closed. Can I/the family member not just file a 822b form to Companies House? Or is there something more to do?

My worry is that my name will be linked to this company and its financial debts (if they're not paid) and will affect my credit rating.

With hindsight I wouldn't have become involved, but did so to help out someone in my family who needed help at the time.

Any advice or suggestions would be greatly appreciated.

many thanks.

Wywth

notonker wrote: »

Hi there

I agreed to be the Company Secretary for a family member's business, which I was told would involve no input other than just 'being there' so the company could operate.

The company is no more, or more accurately it is listed at Companies House as 'Active - Proposal to Strike off'. I have doubts about how everything ended and have asked several times to be removed from the company now, which apparently has been done.

I received a letter this morning from a 'Civil Enforcement Agents' company saying I am listed as a Director/Secretary/Shareholder' for this company and following the company's vacation of a property, money is owed to the council.

I want out of this company as it is no longer trading but doesnt seem to be fully closed. Can I/the family member not just file a 822b form to Companies House? Or is there something more to do?

My worry is that my name will be linked to this company and its financial debts (if they're not paid) and will affect my credit rating.

With hindsight I wouldn't have become involved, but did so to help out someone in my family who needed help at the time.

Any advice or suggestions would be greatly appreciated.

many thanks.

As this is a limited company, and presuming you have not agreed to any personal guarantees, then you are not personally liable for the debts of the limited company.

I have no idea why you agreed to become a Secretary of a business that is proposed to be struck off, but as you now appear to wish you hadn't, why don't you just resign?

Edit: Actually, reading again, it appears you have already resigned and this has been accepted/actioned accordingly. (You can check this by looking at the Companies House website)
So you could simply respond to the correspondence stating that you are no longer an appointed official of the company, and so they should please refrain immediately in contacting you regarding the alleged debts of the company ... or you could just ignore it (but they might carry on pursuing you if they are not advised otherwise).

notonker

Wywth wrote: »

As this is a limited company, and presuming you have not agreed to any personal guarantees, then you are not personally liable for the debts of the limited company.

I have no idea why you agreed to become a Secretary of a business that is proposed to be struck off, but as you now appear to wish you hadn't, why don't you just resign?

Edit: Actually, reading again, it appears you have already resigned and this has been accepted/actioned accordingly. (You can check this by looking at the Companies House website)
So you could simply respond to the correspondence stating that you are no longer an appointed official of the company, and so they should please refrain immediately in contacting you regarding the alleged debts of the company ... or you could just ignore it (but they might carry on pursuing you if they are not advised otherwise).

Hi and thanks for the reply. At the time I signed up to be CS the company wasn't heading in that direction (to my knowledge).

I don't see a way of checking if I am still linked to the company from Companies House web site. All I can find is the company and its status, but not that of those listed as Director or Secretary (I'm not a Director, by the way).

I guess I could write/email and ask if I am still down as the CS. Whenever I ask my relation I'm just told it's been done...but I'm a little suspicious...

pelirocco

notonker wrote: »

Hi and thanks for the reply. At the time I signed up to be CS the company wasn't heading in that direction (to my knowledge).

I don't see a way of checking if I am still linked to the company from Companies House web site. All I can find is the company and its status, but not that of those listed as Director or Secretary (I'm not a Director, by the way).

I guess I could write/email and ask if I am still down as the CS. Whenever I ask my relation I'm just told it's been done...but I'm a little suspicious...

I have sent you a pm

Wywth

notonker wrote: »

I don't see a way of checking if I am still linked to the company from Companies House web site. All I can find is the company and its status, but not that of those listed as Director or Secretary (I'm not a Director, by the way).

You follow the same procedure as if you were to buy a copy of your resignation form (assuming it exists) from Companies House.

But you don't need to actually buy it because it will name you as a resigned Secretary in the list of possible documents to buy (so then you know they have it and acted upon it )

Find the company here:

http://www.companieshouse.gov.uk/info

Click on the company
Click on 'Order information on this company' on RHS
You will then see if the document is available

If it is it will be a document TM02 - APPOINTMENT TERMINATED, SECRETARY [NAME]

notonker

Wywth wrote: »

You follow the same procedure as if you were to buy a copy of your resignation form (assuming it exists) from Companies House.

But you don't need to actually buy it because it will name you as a resigned Secretary in the list of possible documents to buy (so then you know they have it and acted upon it )

Find the company here:



Click on the company
Click on 'Order information on this company' on RHS
You will then see if the document is available

If it is it will be a document TM02 - APPOINTMENT TERMINATED, SECRETARY [NAME]

thanks, that's really helpful!

MothballsWallet

OP - I've done the same for an acquaintance (and done the dumb thing of letting the **** use my home address as the registered address to).

I also resigned as Company Secretary, I'm sure I never signed any guarantees, so I can understand where you're at.