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Hi all,

where do i stand legally changing the registered address back to a director that will not return calls and has basically left a non start company to go down?

we have quite a few where we get daily letters from debt recovery companies looking for VAT assessments/corp tax assessments etc from these companies where we no longer hear from the client.

can we write a letter to the client stating we give them X amount of weeks to respond and if they don't then we will assume it is ok to change the address to their home address?

thanks

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25th Feb 2016 10:15

New legislation

You can't change the registered office willy[***]-nilly.

Check out S99 Small Business, Enterprise and Employment Act 2015 which may help.

http://www.legislation.gov.uk/ukpga/2015/26/pdfs/ukpga_20150026_en.pdf

 

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25th Feb 2016 10:21

Just write to CH informing them that you have withdrawn authority to act as RO.
Any correspondence that comes through, just return to sender.

The company will eventually get struck off.

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By DJKL
25th Feb 2016 10:22

Tricky

Strictly unless :

1.a director

2. a secretary

3.  in the absence of a secretary being appointed, or the  appointed secretary being unable to act, a  person authorised by the directors. (CA2006, s270,274)

how do you have the capacity to execute the change of address?

I would not have any clients registered at my office (which is my house) in the first place, but given you do, and given address is capable of being changed online by you, I suspect  I would e mail "client" advising that I intended to make change on "x" date and if I had not heard from them to contrary before x I would deem this communication as authorisation.

Not satisfactory as I do not really think saying "speak now or forever hold thy peace" is really adequate re authorisation to act, but in the circumstances probably best that can be managed.

Thereafter remember to issue disengagement letter!!!!!

 

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25th Feb 2016 10:46

Do you know if the director is still alive or is dead/in prison/ abroad ?

I assume you have notified HMRC you no longer wish to ct for the company/directors.That should put HMRC on notice and stop their mail coming to you

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25th Feb 2016 12:09

Terms of Business

I write it into our terms of business that my firm is authorised to change the RO if we loose contact, there are CCJs, etc.

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By Maslins
25th Feb 2016 12:18

We've got a couple where this has happened.  Initially we forwarded all correspondence to client.  Cos Hse then sent something recorded delivery, which postie was quite helpful said in the circumstances we could refuse to sign and get it returned to sender.

As others have said above, legally I think you're on dodgy ground if you change the registered office address without authorisation (and client not responding I don't think is valid authorisation).

I imagine companies will eventually get struck off, client can hardly blame you for it assuming you made multiple attempts via at least a couple of different methods to contact them.

If there's lots of tax at stake, probably worth filing a ML report too.

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26th Feb 2016 12:50

You have no authority to change the R/O unless....

...it was specifically granted, so don't. If you have ceased to act, then just forward the correspondence to the the director's home address. Just print off a batch of redirection address labels and slap them on any envelope that arrives. Eventually the company will be struck off and they will cease.

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28th Feb 2016 19:49

I wonder...
What the fine is for changing it without authority... and would the director sue or would it be companies house

Intetesting to know the answer to that

Would you be struck off as an accountant for a breach of CA2006 too?

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