The director of a former client company for whom we provided book keeping service and filed a VAT return decided to no longer us my firm and we handed over all the papers we held for them.
We did not receivie any communication from any accountant for handover of records we assumed no accountant had been appointed to replace us
The company was struck off several months ago (in September 2016) for non filing of accounts by Companies House. We have now been contacted by someone pclaiming to be the accountant for the company requesting the book keeping records and copy of VAT return etc. I told this person I could only discus the matter with the director
My question is as the company has been struck off , does the director have any right of access to the records I have kept. Surely everything belongs to the Crown?
My reticence in handing over the records stems from the way the director behaved when I was trying to assist the company in keeping proper records etc, I was happy the company left
Replies (13)
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You say you "handed over all the papers we held for them".
Now you ask whether the director of the former company has "any right of access to the records I have kept".
Is this just a hypothetical question?
As the company has been struck off the ex-Director (correct title) has no right to any company asset inc the company records
Tell whoever is asking for them to bog off
Hey,
I think you might have to share those records with the director as you've kept their records.
However, you're free not to share those data with any Accounting firm without getting a formal request from the director of the company.
Hey Basil,
I get your point and I missed the point of the Director being dismissed.
Having said that, be absolutely sure before you handover such data. Rules vary from place to place. From where I come from, the board of Directors can issue signed papers on the behalf of Company even after the company is resolved.
Hi Indy
Not sure if you are aware but this is a UK website so advice is given based on UK law/tax/regulatory bodies etc. When a company is dissolved it ceases to exist, therefore someone who was a Director before dissolution cannot act after dissolution.
Let's get this in perspective
1. The company doesn't exist
2. As it doesn't exist it doesn't have any officers
3. The information is not available in that as an asset of the ex company it belongs to the Crown and is not yours to give to anybody
4.The purported accountant has no standing in this matter and should be told to bog off.
5. What you haven't told us is why they want the information
The answer is to tell the ex-director that you will only release information on receipt of a court order
That should finish the matter
https://www.gov.uk/restore-dissolved-company
Presume following this route, it is an interesting chicken and egg situation.
As a possible practical solution, if you get former director/shareholders with formerly over 50% of votes, to exhibit to you (with copy for your file) the waiver letter they have presumably received ,would that make you feel more comfortable? Appreciate there appears to be little in the way of legal right/obligation to pass over such data, but at least shows you have acted in good faith, possibly keeping originals only supplying copies until company is restored would be appropriate if actual records belonged to the company.
https://www.gov.uk/guidance/apply-for-a-waiver-letter-wa1
If not it seems to me there is a fundamental flaw in the administrative restoration process; given companies are often dissolved for lack of accounts submission, and often this applies to those not organised, with financial records everywhere/mislaid, it seems strange that there are no powers granted to assist pulling the data together post dissolution event.