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Problems with old accountant

Share docs and CS’s

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We have had massive problems obtaining info from a new clients old accountant. It took nearly six months to get the information needed for the accounts.

They dealt with all share paperwork and confirmation statements for the client. Based on the filed Confirmation Statements there is a lot of unfiled docs (resolutions / SH01's etc.), I am getting constant excuses (over several months) regarding copies of share transfer forms/minutes etc (there have a lot of share changes), what choices do I have as I am getting nowhere and want to do the remedial work ASAP ? Is it a matter of threatening a complaint to the institute? (ICAEW)

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By Calculatorboy
14th Mar 2021 22:58

Your new clients should be able to fill in the gaps as to what happened and when , redo the resolutions etc based on their representations or best estimates , and file appropriate , move on

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By Truthsayer
14th Mar 2021 23:04

'Is it a matter of threatening a complaint to the institute? (ICAEW)'

Yes, if they fail to supply reasonable handover information without giving a proper reason. Therefore you need to give them a final demand of exactly what you still need, with a deadline for either supplying it or a valid reason for not doing so, or else you will lodge a complaint to the ICAEW. When I have been in this situation it usually gets a result.

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paddle steamer
14th Mar 2021 23:47

These documents are part of the company's statutory books, get the client to uplift them and change the address with Companies House regarding where they are to be located, once sight of what is there work out what is missing and whether accountant charged client for executing the missing documents and then take matters from there, the documents described imho are not handover documents accountant to accountant and ought not be requested accountant to accountant.

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By Duggimon
15th Mar 2021 12:54

It sounds like there are two issues:

The old accountant retains the statutory records and is possibly also still the registered office?

The old accountant has not done work which they have been asked to do.

Both of these are issues between the client and the former accountant. You can advise them of the problem and the required solution but it's for them to sort out.

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All Paul Accountants in Leeds
By paulinleeds
16th Mar 2021 12:16

Ask the client to request docs from old accountant. They have/had the contract to prepare/file the said docs. They are in a strong position to sue / threaten to sue rather than reply on professional ethics which a court cannot give a judgement on.

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16th Mar 2021 14:15

As it stands today, do the right people have the right shares and/or appointments. If so, I have to ask, would the client or for that matter companies house really care.

Sounds to me as though you may be better off to simply concentrate on matters going forward and making sure they are to your standard, rather than picking wholes in what somebody else has done/not done.

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