How to enforce a charging order on shares

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Can I be given these detailed accounts and the corporation tax return submitted to the HMRC if necessary asking for a court order?

penners324

What's the company registration number?

penners324

autoplay said:

Can I be given these detailed accounts and the corporation tax return submitted to the HMRC if necessary asking for a court order?

Throwing good money after bad?

TheSpectator

autoplay said:

Can I be given these detailed accounts and the corporation tax return submitted to the HMRC if necessary asking for a court order?

Highly unlikely, but why not ask your legal adviser?

autoplay

There will be a hearing to decide whether the interim charging order will become final and maybe I can make an application for disclosure during this hearing.

There is also the issue of what has happened to the assets of this company because it had a lot of them because it uses a lot of equipment.

Can the director have passed the ownership of these assets to third parties and it is why there no reference to them in the Balance Sheet of 2023 ? And, could have this happened without any documents having been filed to the Companies House because it is a limited company

DullGreyGuy

autoplay said:

There is also the issue of what has happened to the assets of this company because it had a lot of them because it uses a lot of equipment.

Can the director have passed the ownership of these assets to third parties and it is why there no reference to them in the Balance Sheet of 2023 ? And, could have this happened without any documents having been filed to the Companies House because it is a limited company

Would be much easier to see the Companies House records than snippets etc from a single document. 

Using a lot of equipment doesn't mean you own any of it, plenty of companies lease their equipment. Any assets owned is depreciated, for example computers are depreciated over 3 years, furniture 5 years and plant 5-7 years. In principle it should go down to the base salvage value but some will depreciate to 0. Its balance sheet will inevitably reduce substantially as its assets are written down. 

Assets can be sold or passed on, if the third party is related then from a P&L perspective they must be recorded as a sale at fair market value for the purposes of corporation tax etc. No Companies dont have to file their invoices/receipts with Companies House.

As what is presumably a micro company the idea of putting a charge over shares seems an odd one. There is no obligation for companies to pay dividends and whilst most do to reduce their taxes they can simply choose to pay themselves higher salary and/or bonus and accept that a bonus with more tax taken is better than dividends that get paid to someone else. 

mybestattempt

autoplay said:

There will be a hearing to decide whether the interim charging order will become final and maybe I can make an application for disclosure during this hearing.

There is also the issue of what has happened to the assets of this company because it had a lot of them because it uses a lot of equipment.

Can the director have passed the ownership of these assets to third parties and it is why there no reference to them in the Balance Sheet of 2023 ? And, could have this happened without any documents having been filed to the Companies House because it is a limited company

I've read your earlier threads for background.

It seems the company ceased trading during 2023 and it's trade including any assets/equipment it had were acquired by what is now a sole trader operation.

The company is now dormant and while it is it won't be declaring any dividends.

A charging order made now to entitle you to future dividends will not be effective so long as the company remains dormant.

Also, if the company is dormant it won't be submitting tax returns to HMRC.

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This company is not dormant because no accounts for a dormant have been filed to the Companies House

The disappearance of the assets could not be due to depreciation because they all disappeared in one year i.e. the year between 2022 and 2023

This company is still running with clients and a website

I am still puzzled by the disappearance of these assets

uknick

If you give us the full published accounts a look at the notes should explain how the assets disappeared; depreciation or disposal.   

autoplay

The notes does not say why the assets were disposed. In the previous Balance Sheet it is stated that for the year 2021 the value were also 100 as for the year 2023