paying for services provided by one company into another co

paying for services provided by one company into another co

Author
Discussion

Mattlan

Original Poster:

394 posts

205 months

Friday 24th March 2017
quotequote all
We have company A and B providing professional services (both belong to a group of companies) . Neither have bank accounts and for convenience we therefore request payment be made to company C bank account ( not part of group above).

For most of our clients this does not appear to pose a problem. However one client's in house legal counsel is now objecting to this setup saying that they can only pay Company A's invoices into a bank account held by Co A etc because the appointment doesn't involve Co C (despite them having already made payment previously for Co A work into Co C's account.)

My question is this...is there a valid reason for their objection, or does it really matter where the money is paid given that professional indemnity etc sits with the appointment documents.

Thanks for your help

PurpleMoonlight

22,362 posts

157 months

Friday 24th March 2017
quotequote all
Money laundering?

Tax evasion?

VAT avoidance?


PurpleMoonlight

22,362 posts

157 months

Friday 24th March 2017
quotequote all
Is the debt formally assigned from A to C?

Eric Mc

121,994 posts

265 months

Friday 24th March 2017
quotequote all
I'sd be reluctant to do business with

a) an outfit that doesn't have its own bank account and

b) wants the payment to be made into the bank account of another cxompany

Mattlan

Original Poster:

394 posts

205 months

Friday 24th March 2017
quotequote all
Purple...none of these

Eric, hi hoped you would respond, appreciate your concerns, BUT , is there anything specifically legal preventing this happening

Eric Mc

121,994 posts

265 months

Friday 24th March 2017
quotequote all
Apart from concern over money laundering issues - no.

However, a business is perfectly entitled to NOT agree to this type of arrangement if it goes against their internal money laundering policy.

Outside of what other businesses might think, having the money rightly due to one company being paid to another company makes the accounting for inter company balances extremely messy and could cause you problems regarding the disclosure of inter company debts in both companies' formal acounts.

PurpleMoonlight

22,362 posts

157 months

Friday 24th March 2017
quotequote all
Why doesn't company A have it's own bank account?

Mattlan

Original Poster:

394 posts

205 months

Friday 24th March 2017
quotequote all
A & B bought the assets, goodwill and forward order book from Administrators of Co Y and Z. Time constraints, cost and the existence of company C bank account ( C is dormant) seemed to be the right answer at the time.


Countdown

39,854 posts

196 months

Friday 24th March 2017
quotequote all
Mattlan said:
We have company A and B providing professional services (both belong to a group of companies) . Neither have bank accounts and for convenience we therefore request payment be made to company C bank account ( not part of group above).

For most of our clients this does not appear to pose a problem. However one client's in house legal counsel is now objecting to this setup saying that they can only pay Company A's invoices into a bank account held by Co A etc because the appointment doesn't involve Co C (despite them having already made payment previously for Co A work into Co C's account.)

My question is this...is there a valid reason for their objection, or does it really matter where the money is paid given that professional indemnity etc sits with the appointment documents.

Thanks for your help
One issue that we have had in the past (and it may not apply here)....

Company A was insolvent and administrators had been called in. Company A didn't want Administrators/Creditors getting more money than could be avoided so they asked us to make future payments (for work A had done) into a related company. Luckily we got a letter from the Administrators asking us that all money owed to A should be paid to them rather than anywhere else.


Countdown

39,854 posts

196 months

Friday 24th March 2017
quotequote all
Just to add....

The customer would never actually know whether Company C's bank account belonged to Company A. All the customer would get is Sort Code and Account number.

If A wrote to the Customer and said something along the lines of "We have changed our bank account to XX-XX-XXX. please make all future payments into there" the customer would be none the wiser.

Mattlan

Original Poster:

394 posts

205 months

Friday 24th March 2017
quotequote all
Thanks Countdown, you are along the right lines, but Client required due diligence on A and B doing, including their in house paperwork that specifically required bank details including name of account.

As I have indicated, all our other clients, big and small, have just got on with it and paid.

blueg33

35,846 posts

224 months

Friday 24th March 2017
quotequote all
We would question it as it would breach our anti money laundering policies.

TooLateForAName

4,746 posts

184 months

Friday 24th March 2017
quotequote all
Frankly that sounds so shonky that I'm amazed anyone deals with you.

Companies issuing invoices and wanting payment into the bank account of another company which is dormant?

Dos that really sound reasonable to you?

akirk

5,389 posts

114 months

Friday 24th March 2017
quotequote all
How are you managing Company C as dormant with transactions going in and out of its account?

Why not just open an account for Companies A and B - takes less than a week

As with others, I would certainly not do business in that way - sounds very suspicious...
What else is going on that you haven't included above which might explain why you are doing this - no business I know that transacts decides to not bother opening an account...


Terminator X

15,057 posts

204 months

Friday 24th March 2017
quotequote all
Mattlan said:
Thanks Countdown, you are along the right lines, but Client required due diligence on A and B doing, including their in house paperwork that specifically required bank details including name of account.

As I have indicated, all our other clients, big and small, have just got on with it and paid.
You mean they were / are unaware so just paid up.

TX.

CaptainSlow

13,179 posts

212 months

Friday 24th March 2017
quotequote all
Mattlan said:
Purple...none of these

Eric, hi hoped you would respond, appreciate your concerns, BUT , is there anything specifically legal preventing this happening
Despite what you have been "advised" above, there are specific legal implications preventing this, I'm surprised you haven't been picked up on this before.

Countdown

39,854 posts

196 months

Friday 24th March 2017
quotequote all
CaptainSlow said:
Mattlan said:
Purple...none of these

Eric, hi hoped you would respond, appreciate your concerns, BUT , is there anything specifically legal preventing this happening
Despite what you have been "advised" above, there are specific legal implications preventing this, I'm surprised you haven't been picked up on this before.
I'd be interested to know what the legal implications are. Back in the old days it was common for Company A to do the work and ask for payment to be made to Company C (where C was a invoice factoring company). is this situation different ?

Eric Mc

121,994 posts

265 months

Friday 24th March 2017
quotequote all
If a "dormant" company is feeding income and expenditure through its bank account - it's not dormant.

Something sounds extremely odd here.

CaptainSlow

13,179 posts

212 months

Friday 24th March 2017
quotequote all
Countdown said:
I'd be interested to know what the legal implications are. Back in the old days it was common for Company A to do the work and ask for payment to be made to Company C (where C was a invoice factoring company). is this situation different ?
Factoring is pretty much the only exception as obviously this is just a funding mechanism for the supplier, however, if needs to be contractually agreed in order to complete the contract (even though a customer can no longer enforce a ban of assignment for suppliers deemed to be small/medium companies, the legislation hasn't been extended to large companies yet).

Mattlan

Original Poster:

394 posts

205 months

Saturday 25th March 2017
quotequote all
Gents,

Thank you all for taking the time to respond, guess we need to get things tidied up then ! wink