Sticky situation

Sticky situation

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A prospective foreign client with a UK company had previously enlisted the services of an accounting firm in the UK. The firm is not run by accountants although they offer accounting services - need I say more. Anyway the client has got fed up with penalties for late filings etc and now wants to change their accountant. However, the reg office is that of the accounting company, the director is that of the accounting company and the nominee shareholder is that of the accounting company. In fact the client has no representation in their own company other than being the beneficial shareholder. 

What is the quickest and easiest way to change all of this? Appoint a new director by calling a meeting, though the actual client seems to have no powers here other than being the beneficial shareholder. Would it be easier to transfer the shares first - either to the client or a new nominee shareholder (that isn't the old accounting company). Does a meeting need to be called? It seems once the director is changed then this will help with changing the reg office etc.

Any ideas would be greatly received. 

Replies (3)

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By taxhound
10th Jan 2012 11:54

abandon the company and start again

If he is neither the director, reg office or nominee shareholder, could he

1.  declare a divi to take what is rightfully his; and then

2. abandon the company and start a nice clean new one?  Let the director/shareholder sort it out.

This may be filled with problems - I have not come accross this set up before, but I would want rid in his shoes.

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By charlb
10th Jan 2012 13:03

Thanks taxhound. Unfortunately the client doesn't want to start a new company (plus it wouldn't seem that they could legally declare a divi from the old company), what with VAT reg delays etc. 

Bit stumped as to how to get the client back in control as existing accountancy firm won't action any changes until fees are paid. Client doesn't want to pay fees as he's already incurred twice as much in fines...... etc etc

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By justinelaws
10th Jan 2012 13:07

Legal advice - it may be, if he is unmoveable on starting a new comany that some sort of court case will be necessary - if they are not accountants then you have no professional body to appeal to so I presume it will be small claims (or county if large enough amount) to try and get back fines paid - I would like to see them try and sue him for unpaid fees!

What a mess!

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