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Request to supply accounts by Child Maintenance Se

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I have received a request to supply unabbreviated accounts for my limited company by Child Maintenance services. The case has been taken over by Financial Investigations Unit( part of CMS). Do they have power to request accounts from limited company? I am the director of the limited.

 

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By johngroganjga
12th Jun 2018 09:06

Common sense says that if they are examining your financial resources for child maintenance purposes, and you have said that your company is your only or main source of income, then the full accounts of your company are the prime documents they will need to see above all others.

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By PBH64
12th Jun 2018 09:44

Does the request cite the powers under which the request is made? If it doesn't, you could politely request that they tell you the powers under which they are making the request. This is due process and all that, however, generally, if they're asking they have the powers but it always pays to get them to tell you.

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By fawltybasil2575
12th Jun 2018 09:54

@ PremPrem (OP).

In professing no specialist knowledge in the area of Child Maintenance, I would respectfully suggest that the fact that the Financial Investigations Unit is involved should persuade you to take professional advice. Here is a link to guidance (entirely random, I should add) which I googled:-

https://www.whatdotheyknow.com/request/428512/response/1040969/attach/ht...

You will note that near the end of this guidance is a reference to the delicate aspect of directors' trading through limited companies, and the (at least implied) possibility of a "look-through" approach being taken where the income drawn from the company (by way of dividends and salary etc.) does not reflect the profits which the director/shareholder COULD draw from the company. I of course have no idea whether such aspect may be relevant in your case, but I would reaffirm the need to take professional advice (a solicitor specialising in this area would appear to be the best option).

From my limited experience in relation to my own clients, most Child Maintenance payers have at some point obtained legal advice, and I would respectfully suggest your approaching your solicitor if you have previously appointed one in that field (or to appoint one if you have not done so) at least for preliminary guidance.

In again emphasising that I have no expertise in this area, I would have expected that the letter received by you states the specific LEGISLATION under which the information requested (the Unabbreviated Accounts in your case) is being requested (if however the letter does NOT include that legislation then I would routinely ask them to advise you of that specific legislation).

Basil.
EDIT. My above post was prepared prior to my seeing PBH64's post (my closing paragraph above refers).

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By carynw
12th Jun 2018 10:35

They'll be available on companies house so not sure why they're asking you for them?

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Replying to carynw:
By Tim Vane
12th Jun 2018 11:08

carynw wrote:

They'll be available on companies house so not sure why they're asking you for them?

No they won't, unless somebody has made a total screw up somewhere.

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