Companies House removal of Director - Unlawful?
Discussion
Hi
I don't tend to like posting matters here but not sure where to turn and don't wish to rock a boat but really have a better idea as can't find what I need on the internet.
A house (Well flat) has shared freehold and a Limited company is set up. The owners for each flat have directorship of that leasehold. I have been removed as a director without my permission, knowledge or agreement. I found out this happened over a year ago. I have been trying to get ex to send me a code so I could put in a change of address but they deliberately obstructed me receiving this.
Is this lawful. Will they have forged my signature?
Short overbrief backstory, I moved out and have been waiting (a bloody long time) for my ex partner to agree to sell so I can move on with my life, the law is unable to help as we were not married (All I could get from a solicitor was a letter to my ex which is no bloody use) so I am just waiting. In the meantime I find out during a search that I was removed from the limited company by my ex. I need to know if this person has broken the law.
It will give me a little power to get this matter sorted, I just want out and the inheritance I put in, back.
All advice massively appreciated, Ill pop back here later. Ta
I don't tend to like posting matters here but not sure where to turn and don't wish to rock a boat but really have a better idea as can't find what I need on the internet.
A house (Well flat) has shared freehold and a Limited company is set up. The owners for each flat have directorship of that leasehold. I have been removed as a director without my permission, knowledge or agreement. I found out this happened over a year ago. I have been trying to get ex to send me a code so I could put in a change of address but they deliberately obstructed me receiving this.
Is this lawful. Will they have forged my signature?
Short overbrief backstory, I moved out and have been waiting (a bloody long time) for my ex partner to agree to sell so I can move on with my life, the law is unable to help as we were not married (All I could get from a solicitor was a letter to my ex which is no bloody use) so I am just waiting. In the meantime I find out during a search that I was removed from the limited company by my ex. I need to know if this person has broken the law.
It will give me a little power to get this matter sorted, I just want out and the inheritance I put in, back.
All advice massively appreciated, Ill pop back here later. Ta
The cessation of a Director can be filed with Companies House without the ceasing Director signing anything.
Whether or not your termination is lawful will depend on the Memorandum and Articles of Association of the Ltd, and the Leasehold terms of the property. The latter may entitle all owners to be Directors of the Freeholding Ltd.
Whether or not your termination is lawful will depend on the Memorandum and Articles of Association of the Ltd, and the Leasehold terms of the property. The latter may entitle all owners to be Directors of the Freeholding Ltd.
You no longer live in the property - why would you want or need to be a director of the management company?
No, no signature's needed - think about all the times a director of a company dies or becomes incapacitated or is sacked or simply disappears.
Any distribution of assets between you and your partner is a separate issue - were you married?
No, no signature's needed - think about all the times a director of a company dies or becomes incapacitated or is sacked or simply disappears.
Any distribution of assets between you and your partner is a separate issue - were you married?
Thanks for the responses. I will look at what the detail says, Thanks AR, I may well PM this over to you tomorrow if this is ok.
CV's chappy - I was more concerned that my ex (Whom I was not married to) had been up to a little forgery. I am concerned that if they would do this what would they do to con me out of my share of my half of the property. They belligerently dug in their heels and wouldn't buy me out so I was forced to move into a rented flat as I couldn't stay there and 6 years later I am still waiting and hiding my location. (Bigger, much bigger story behind this).
I don't really care about being a Director, more that it was done so secretively when I have been asking for 3 years for a code so I can address the legalities.
The house legally is half mine, we bought together, I put in all the deposit.
I guess if they didn't forge anything then I will have to let the matter drop.
CV's chappy - I was more concerned that my ex (Whom I was not married to) had been up to a little forgery. I am concerned that if they would do this what would they do to con me out of my share of my half of the property. They belligerently dug in their heels and wouldn't buy me out so I was forced to move into a rented flat as I couldn't stay there and 6 years later I am still waiting and hiding my location. (Bigger, much bigger story behind this).
I don't really care about being a Director, more that it was done so secretively when I have been asking for 3 years for a code so I can address the legalities.
The house legally is half mine, we bought together, I put in all the deposit.
I guess if they didn't forge anything then I will have to let the matter drop.
1. Are you on the mortgage (if there is one ) and the title deeds?
2. Have you lodged a notice on the deeds? I think you can:
Home Rights Notice
A home rights notice (formerly a matrimonial home rights notice prior to the Civil Partnership Act 2004) is a form of agreed notice, which protects an interest of the non-owning spouse or civil partner arising under section 31(2) or 31(5) of the Family Law Act 1996. The application to register a notice is made using form HR1. As with any agreed notice, if the proprietor's consent is not obtained then evidence of the interest being claimed will need to be produced, in this case in the form of a court order.
2. Have you lodged a notice on the deeds? I think you can:
Home Rights Notice
A home rights notice (formerly a matrimonial home rights notice prior to the Civil Partnership Act 2004) is a form of agreed notice, which protects an interest of the non-owning spouse or civil partner arising under section 31(2) or 31(5) of the Family Law Act 1996. The application to register a notice is made using form HR1. As with any agreed notice, if the proprietor's consent is not obtained then evidence of the interest being claimed will need to be produced, in this case in the form of a court order.
JanJ, I very much doubt that there was ever any director's fee here. This sounds like a company that exists solely to own a freehold. The leaseholders of the flats that make up the building become directors of (and usually shareholders in) the company. A company of this kind usually does not trade (it may pay some bills on the building, funded by the leaseholders to do so, whether by a formal service charge or by ad hoc collections according to need). Directors' fees would be almost unheard of in such a company. If the flat is in a large block, the management company may be run more formally, but things tend to be rather loose when it's just a few flats.
OP, it is possible that the shareholders agreed at a meeting that you should be removed, but they may or may not have complied with the requisite formalities.
As for the main issue, get a better solicitor if the first one was no use, or simply assert your claim to your share firmly but politely. The law is not powerless help you - the fact that you were not married does not mean that there are no legal remedies here. You may possibly be able to compel a sale of the flat or persuade your ex to buy you out. Negotiate!
OP, it is possible that the shareholders agreed at a meeting that you should be removed, but they may or may not have complied with the requisite formalities.
As for the main issue, get a better solicitor if the first one was no use, or simply assert your claim to your share firmly but politely. The law is not powerless help you - the fact that you were not married does not mean that there are no legal remedies here. You may possibly be able to compel a sale of the flat or persuade your ex to buy you out. Negotiate!
Edited by anonymous-user on Friday 28th August 19:44
Morning all.
Thanks breadvan, nail/head.
The Ltd company is indeed for 1 large house split in two, I half own the garden flat. So the number of directors is two, plus one company secretary. I was at one point a director and company secretary for our flat and the other flat had 1 director. I am now neither, without my knowledge. I did not resign, TBH I didn't really care but my OH was no good with this side of things so I kept the legal side.
The company is purely there for a shared leasehold for the two flats and to pay the buildings insurance, I had no income.
I have the articles lodged at my parents (For safekeeping as I tend to lose important documents!) and should be seeing them next month so I will get hold of them and review.
I am on the mortgage and the land deeds so for now if the idiot has not forged anything then I can breathe and plan my next move.
Thanks breadvan, nail/head.
The Ltd company is indeed for 1 large house split in two, I half own the garden flat. So the number of directors is two, plus one company secretary. I was at one point a director and company secretary for our flat and the other flat had 1 director. I am now neither, without my knowledge. I did not resign, TBH I didn't really care but my OH was no good with this side of things so I kept the legal side.
The company is purely there for a shared leasehold for the two flats and to pay the buildings insurance, I had no income.
I have the articles lodged at my parents (For safekeeping as I tend to lose important documents!) and should be seeing them next month so I will get hold of them and review.
I am on the mortgage and the land deeds so for now if the idiot has not forged anything then I can breathe and plan my next move.
Feel free to PM - happy to find the relevant paperwork at companies house and see how you were removed. BV is quite right, but the method of your dismissal should be recorded there - the date certainly will be, together with the form that was used and, possibly, any resolution passed.
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