Removing someone named on a business
Discussion
Hi PH legal bods, I've got a question for you. I'm being deliberately vague in some aspects here to protect those involved. Some of this I'm piecing together and may be hearsay.
A friend of mine started a business and is doing well for himself. Has a handful of employees, enough money that he doesn't need to concern himself at all (he gets by comfortably despite being quite wasteful) and his business is popular, receiving trade from the whole country. Now, as part of this business, his other half has got involved. She had her name put on the business a little while ago, after it was founded. I don't know in what capacity that is but the partner isn't named on companies house. There is also a silent partner of the business but we're not concerned with them currently. The partner has her own unrelated business where she promised to name my friend on it, in return for her being named on his business. This has not happened and, as I understand it, is now being refused (not in so many words but constant empty promises and "we'll do it another time"). Now, this partner of my friend is becoming increasingly abusive and violent. It has got so bad that my friend has made a passing comment (we hope) about taking the ultimate way out. He's very clearly not happy (despite his protests) and the relevant family are considering some sort of intervention because he's afraid to escape (beyond the scope of this thread). It has got to the point where she is now demanding intricate details of day to day operations to make sure my friend isn't hiding income from her (he absolutely isn't, he's terrified of what would happen to him if he did). Without disclosing identifiable details, I can't describe some of the acts this partner has committed but they are awful and signs that she has a mental health issue. The family and friends are aware of the partners actions and have appealed endlessly for my friend to get away from her before something serious happens.
So, to the business. If he wants to get away from this business tie, what can he do? There's not a hope in hell she will voluntarily remove her name from the business, nor accept a pay off to do so. I have mentioned potentially starting a business of similar name and dissolving the existing business, the family have mentioned running the business into the ground and other measures but none of us have any legal knowledge of what's best or even legal to do. This may all be for naught though because I don't know what right she has to the business and he might just be able to get her name removed. It needs to be a total end to her involvement or any ability to stake a claim to the business. What would the best route be?
A friend of mine started a business and is doing well for himself. Has a handful of employees, enough money that he doesn't need to concern himself at all (he gets by comfortably despite being quite wasteful) and his business is popular, receiving trade from the whole country. Now, as part of this business, his other half has got involved. She had her name put on the business a little while ago, after it was founded. I don't know in what capacity that is but the partner isn't named on companies house. There is also a silent partner of the business but we're not concerned with them currently. The partner has her own unrelated business where she promised to name my friend on it, in return for her being named on his business. This has not happened and, as I understand it, is now being refused (not in so many words but constant empty promises and "we'll do it another time"). Now, this partner of my friend is becoming increasingly abusive and violent. It has got so bad that my friend has made a passing comment (we hope) about taking the ultimate way out. He's very clearly not happy (despite his protests) and the relevant family are considering some sort of intervention because he's afraid to escape (beyond the scope of this thread). It has got to the point where she is now demanding intricate details of day to day operations to make sure my friend isn't hiding income from her (he absolutely isn't, he's terrified of what would happen to him if he did). Without disclosing identifiable details, I can't describe some of the acts this partner has committed but they are awful and signs that she has a mental health issue. The family and friends are aware of the partners actions and have appealed endlessly for my friend to get away from her before something serious happens.
So, to the business. If he wants to get away from this business tie, what can he do? There's not a hope in hell she will voluntarily remove her name from the business, nor accept a pay off to do so. I have mentioned potentially starting a business of similar name and dissolving the existing business, the family have mentioned running the business into the ground and other measures but none of us have any legal knowledge of what's best or even legal to do. This may all be for naught though because I don't know what right she has to the business and he might just be able to get her name removed. It needs to be a total end to her involvement or any ability to stake a claim to the business. What would the best route be?
What do you mean by "has her name on the business"? Is she a director in which case removing her is a simple admin task on the Companies House website? Is she a shareholder, in which case he may well have to buy her out of her shares -- which I assume she will value at more than the nominal value at which they were issued.
southendpier said:
His other half? Married?
in which case he has half her business already...
Not married but engaged.in which case he has half her business already...
deckster said:
What, specifically, do you mean by "named on the business"? This is crucial.
carl_w said:
What do you mean by "has her name on the business"? Is she a director in which case removing her is a simple admin task on the Companies House website? Is she a shareholder, in which case he may well have to buy her out of her shares -- which I assume she will value at more than the nominal value at which they were issued.
I don't know to what exact degree. She's not named on companies house as an officer but from the people I've spoken to who know more in depth than I, they say she's named on the business to some degree. With her not being named or noted in any way as an officer on companies house, I can only guess whatever arrangement they have might not be legally binding. I'll have to see if I can get some more info out of them to find out exactly to what degree she's involved. carl_w said:
If you mean the name of the company was changed from Friend Ltd to Friend & Partner Ltd then a simple online filing to change it on the Companies House website will suffice.
Not quite, the name of the business remains the same and doesn't have anyone's name in it (Good Stuff Company Limited, for example). I'm lead to believe she has some stake in the business that requires removing. The only information I have is that my friend owns between 25 and 50% according to companies house and it rings a distant bell that the silent business partner I briefly mentioned owns the other half. I'm not 100% clear on what stake she has, other than being told by several people that her name is "on the business". I'm not legally savvy enough to know what options there are for that to be true and tell you which one fits best. Shnozz said:
Impossible for anyone to advise the best way to remove her if its not clear how she is involved. If she isn't a director or shareholder its even more opaque.
Unless the OP can find something in the Companies House filings that mentions her, maybe some sort of inter-company loan or a mortgage or charge over the business?GreatGranny said:
And get proper legal advice.
^^ This. None of this seems straightforward, let alone when dealing with coercive or abusive behaviour to the point of considering suicide.These may be worth considering outside of the company:
The Men’s Advice Line run by Respect is a confidential helpline specifically for male victims.
0808 801 0327 / info@mensadviceline.org.uk
Bright Sky app - Bright Sky is a mobile app and website for anyone experiencing domestic abuse, or who is worried about someone else. The app can be downloaded for free from the app stores. Only download the app if it is safe for you to do so and if you are sure that your phone isn’t being monitored.
And:
https://www.gov.uk/government/publications/domesti...
If they're engaged but not married, she's not "entitled" to anything she doesn't already own. Extricating himself is relatively easy if there are no compicated financial arrangements.
With the company, you/your friend need to confirm if the partner is a shareholder. If she is, unfortunately, it'll get messy. If she isn't, then it's a paper exercise and she doesn't need to be involved.
With the company, you/your friend need to confirm if the partner is a shareholder. If she is, unfortunately, it'll get messy. If she isn't, then it's a paper exercise and she doesn't need to be involved.
carl_w said:
Unless the OP can find something in the Companies House filings that mentions her, maybe some sort of inter-company loan or a mortgage or charge over the business?
I'll do some digging and see what I can find.GreatGranny said:
Firstly, why is he still engaged to her?
Secondly, why is he still engaged?
Thirdly, bin her!
And get proper legal advice.
Fear is a mysterious emotion. If you met him, you'd cut a wide berth. He's an intimidating chap but he's a pacifist to the hilt. He can't deal with the conflict, I think. His family and friends are hoping to get him through that. Secondly, why is he still engaged?
Thirdly, bin her!
And get proper legal advice.
vaud said:
^^ This. None of this seems straightforward, let alone when dealing with coercive or abusive behaviour to the point of considering suicide.
These may be worth considering outside of the company:
The Men’s Advice Line run by Respect is a confidential helpline specifically for male victims.
0808 801 0327 / info@mensadviceline.org.uk
Bright Sky app - Bright Sky is a mobile app and website for anyone experiencing domestic abuse, or who is worried about someone else. The app can be downloaded for free from the app stores. Only download the app if it is safe for you to do so and if you are sure that your phone isn’t being monitored.
And:
https://www.gov.uk/government/publications/domesti...
Thanks for this. It's not my place to give this info to him myself but I'll forward this to his family. They take better care of him than I can. These may be worth considering outside of the company:
The Men’s Advice Line run by Respect is a confidential helpline specifically for male victims.
0808 801 0327 / info@mensadviceline.org.uk
Bright Sky app - Bright Sky is a mobile app and website for anyone experiencing domestic abuse, or who is worried about someone else. The app can be downloaded for free from the app stores. Only download the app if it is safe for you to do so and if you are sure that your phone isn’t being monitored.
And:
https://www.gov.uk/government/publications/domesti...
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