Status of director of Struck off Company

Does the director have the right to ask for accounting information for struck off company

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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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By johngroganjga
28th Mar 2017 16:21

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?

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By Cheshire
28th Mar 2017 17:05

My thoughts on the handed over papers - who to?

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Replying to Cheshire:
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By marlin
29th Mar 2017 11:36

to the director prior to strike off

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RLI
By lionofludesch
28th Mar 2017 17:36

If you don't hold any records any more, why do you not say precisely that ?

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By bernard michael
29th Mar 2017 10:36

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

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By marlin
29th Mar 2017 11:35

To clarify, we handed over all invoices bank statements etc
However we had the book keeping on quickbooksonlineand VAT calculations on spreadsheet.
The QB online account is frozen for non-payment of subscription but we have the spreadsheets for VAT calculations, that is what we hold

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By Indy
29th Mar 2017 17:41

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.

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Replying to fawltybasil2575:
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By Indy
29th Mar 2017 20:35

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.

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Replying to Indy:
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By Cheshire
30th Mar 2017 18:38

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.

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Replying to fawltybasil2575:
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By marlin
31st Mar 2017 12:25

Thanks Basil
The contact from the accountant was by phone and after the company had been struck off, I told him I could not release any information to him.
I sbsequently received an email from the ex-director requesting the information offering to pay my fees for doing so.
I havent responded to the email as yet.

I would be grateful if you could direct me to the relevant legislation/regulation which I can use to confirm that I cannot release the information either to the accountant or ex-director. Thanks in advance

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By bernard michael
31st Mar 2017 13:32

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

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Replying to bernard michael:
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By marlin
05th Apr 2017 10:30

They want the information to prepare and file accounts with companies House to resurrect the company
Company was struck off for non-filing

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Replying to marlin:
paddle steamer
By DJKL
05th Apr 2017 10:47

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.

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