They changed company name,my shareholder just gone!!!!!! [Archive]

ard_dra

11th February 2008, 10:09

My case it's quite complicated,
We setup company on 27 Feb 2004 name ''First Ltd'', we have 3 shareholder, 1 british and 2 foreigner (I'm foreigner)and 1 secretary (british wife). Business has been very successful. We expand to have second and third restaurant. British partner told us in each restaurant should have another company name. We did what he said. One year later. My uncle (one of foreigner shareholder died because liver cancer). My visa has expried.
British parter knew that. He told me to leave if I'm not leave he will call the cops to send me home. So I left with only one bag. He told me he will kept all the document with him (I taped it). After that I found out british shareholder and secretary close the first company (I have share). And change name to be ''second Ltd'' name by use secretary name as a shareholder (only one share) but I'm still director with the other. After my uncle pass away, They changed company name again to be "Third Ltd" and resigned my name by british shareholder and secretary:mad: without my acknowledge.

and more detail....... what should I do please advice. I know I need solicitor but it's cost me a lot of money. any legal advice help ???? :( (my visa has sorted it, I have a visa)

INDIZINE

11th February 2008, 12:07

Firstly where are you living and have you sorted out another visa for the UK?

ard_dra

11th February 2008, 12:24

Yes, I do
Now I have visa to stay in UK.

I'm in WEST YORKSHIRE

INDIZINE

11th February 2008, 12:51

Well if you are not working perhaps you might get legal aid? There are solicitors who give a free half hour consultation, but dont have any further appointments without any financial aid in place to cover their costs. Have you got any home or car insurance? You often get free legal cover with such policies, even check with your bank and credit cards for such cover.

Go to your local Citizens Advice and they can advise you on next steps.

ard_dra

11th February 2008, 13:44

Thank you,

But I used to try that half an hour. They told me not much they can do right now. They not giving any further advice. I have to open an account with them first. Do you know any no win no fee solicitor?

ard_dra

11th February 2008, 13:46

Also I try CAB, They told me I need solicitor. They said they cannot help me.

INDIZINE

11th February 2008, 13:47

There are a few around, search the internet, doesnt have to be local.

wood1e2

11th February 2008, 13:48

Go to Citizen advice, it is cheaper, although it will take longer to see them. But they normally have a solicitor on hand on certain days.

INDIZINE

11th February 2008, 13:49

just said they have seen CAB and no luck there.

ard_dra

11th February 2008, 17:59

any more advice please........

INDIZINE

11th February 2008, 18:06

If they have acted illegally, even blackmail over your visa, could you try the police? Find out if anything criminal has taken place? Surely claiming the dead partners assets is theft, as is yours?

ard_dra

11th February 2008, 21:09

:| So Do you would like me to go to see a police? Is that okay? Is that going to make case bend or something without legal advise?.
Please advice.

INDIZINE

11th February 2008, 23:02

I cant advise you like a lawyer would. I can only suggest some options, you have to decide what to do. All you can do is try and see where you get. did you search for no-win-no-fee solicitors on the internet?

ard_dra

11th February 2008, 23:09

Thank you very much sir. I will try what you said :-), wish me luck

ard_dra

12th February 2008, 10:07

Hi I tried with an legal aid but they told me "There is no legal aid for matters arising out of a business and you would have to pay privately"

And they said "We recommend that you contact a company law litigation practice"

I will try again!!!

shibs

15th February 2008, 02:31

One year later. My uncle (one of foreigner shareholder died because liver cancer). My visa has expried.
British parter knew that. He told me to leave if I'm not leave he will call the cops to send me home. So I left with only one bag. He told me he will kept all the document with him (I taped it). After that I found out british shareholder and secretary close the first company (I have share). And change name to be ''second Ltd'' name by use secretary name as a shareholder (only one share) but I'm still director with the other. After my uncle pass away, They changed company name again to be "Third Ltd" and resigned my name by british shareholder and secretary:mad: without my acknowledge

What are the exact sequence of events ? :|

Did your uncle die before or after you left the country? (it is not clear).
Did he leave a will relating to his assets, or who is his next of kin\heir?
How were the partnership shares distributed in the company?
Have you been provided any paperwork relating to the transfer of company name etc?
Did you or your uncle receive any money relating to the sale/transfer of shares?
Did you or you uncle sign anything relating to the transfer?
Have you contacted "Companies House" at all? They maybe able to provide some advice.

Contacting the police (especially the FRAUD SQUAD) will do no harm, they are obliged to listen to your complaint, give advice as to whether a criminal act has been commited or not and if so act on that complaint. I personally cannot see why this would hinder any civil action to recover monies (Please get legal advice on this however - LEGAL BODS ON HERE; PLEASE ADVISE IF POSSIBLE !!)

Answering the questions above should enable members to come up with solutions and to provide more constructive feedback.

ard_dra

15th February 2008, 12:27

Did your uncle die before or after you left the country? (it is not clear).
"He died on 23 Aug 2005, I left UK on 7 Nov 2007 and I return to UK on 1 Feb 2008"

Did he leave a will relating to his assets, or who is his next of kin\heir?
"He wrote his will that his share will transfer to his wife and let his middle daughter be a manager because his wife doesn't know english" They both are in UK.

How were the partnership shares distributed in the company?
"equally 1 share per person"

Have you been provided any paperwork relating to the transfer of company name etc?
"No. I have never sign anything about transfer. I signed for registered 2 new company. Because of we going to open another two and he said we should seperate company for doing a record."

Did you or your uncle receive any money relating to the sale/transfer of shares?
"My uncle died before this dispute. But after he pass away his brother came to see Mr.B (My British business partner) Mr.B said "my uncle never has a share so he cannot give any money but because of my uncle was a good man he will offer 20,000 for his share in the first company. So Mr.B and his wife wrote an agreement letter that show my uncle has a share another things somebody inside told me that Mr.B use a company money to buy this share because he put in an company account book"

Did you or you uncle sign anything relating to the transfer?
"No, he didn't. he sign only to settle first and new company"

Have you contacted "Companies House" at all? They maybe able to provide some advice.
"I used to tried but that time they told me go to see a police because Mr.B cannot just resigned my name from a director of the company, But at that time I cannot contact with police because I don't have a visa. But my visa now sorted it"

Contacting the police (especially the FRAUD SQUAD) will do no harm, they are obliged to listen to your complaint, give advice as to whether a criminal act has been commited or not and if so act on that complaint. I personally cannot see why this would hinder any civil action to recover monies (Please get legal advice on this however - LEGAL BODS ON HERE; PLEASE ADVISE IF POSSIBLE !!)
"Okay I will try with the police today"

Ps. Dear Mr. Shibs I sent a private message for you please check

Thank you for your advice. If anyone can give more advice please please....

shibs

15th February 2008, 18:45

Received your PM .. sorry but way too complicated for me to advise.
Please seek advice from a legal source.

It is only my opinion that you should speak to the police and it certainly seems iffy. :(

Best of Luck

ard_dra

16th February 2008, 03:09

Thank you very much shibs,

I knew I quite complicated........

I will try SFO; serious fraud office.......

thanks again....

ard_dra

19th February 2008, 10:40

I have seen police.....they are very good coporate they put in crime related....somebody phone me in the same day.......

Also I have seen solicitor they ask me I need a budget 40,000 to 50,000 pound... :-(

I will try again......

thanks for reading.....If anyone can help or advice pleaseeee

DavidRyves

19th February 2008, 11:13

You need a decent Company & Commercial lawyer - you [probably have a good case as the 're-structure' of the first business would certainly represent oppression of a minority shareholder (you).

Good luck

ard_dra

20th February 2008, 14:43

Thank you very much. But as a person who was kick out and I am a foreigner. I quite hard for me to find a money and communicated with solicitor.

Today I have tried with legal aid but they do only family law.

I will try again..... thanks :-)

any more advice or any decent company & commercial solicitor who did no win no fee please let me know......thanks again

i.m.

21st February 2008, 13:26

Could you tell me the turnover of each business? As has already been said, you may wel have been unfairly prejudiced as a shareholder and a court can in certain circumstances order the other shareholders to buy you out, but there would be issues as to the valuation date of a forced purchase and a lot would depend on valuations at different times. It is possible we could help you, but again it would depend on the overall value.

Best

BR

ard_dra

21st February 2008, 14:01

thank you for your post I will answer those question.

my first restaurant turn over between 02/05 to 02/06 appoximated 500,000 pound (after we opened for a year business is still running good, thats the reason I can open another two restaurant in 7 months. But I'm stupid I'm only working on decoration, design, settle restaurant etc. No time to look on the paper work)

All gaining from the first restaurant pay for the rest of restaurant to decorated etc.

my second restaurant turn over 07/05 to 11/05 appoximated 120,000 pound.

my thrid restaurant i did decoration, my landlord told me my business partner want to sell the business but he cannot because name on the lease is sign by first company name. And my business partner dissolved that company. My Business partner cannot sell it. He cannot run the restaurant so he miss the payment. Landlord take over the restaurant. And my business partner blame all of this is because my false.

thank you again....
I will try again.........
I will never give up.......

:-)

i.m.

21st February 2008, 15:18

You will not be able to get legal aid, but there are ways of sorting this out. You may want to PM me the names of the companies and we can do a companies search to check what is going on.

Best

BR

ard_dra

21st February 2008, 19:18

I have sent PM for you..

Thank you.....very...much

...please take a look and please let me know.....I'm sorry for my misgramma or vocab....

thanks

ard_dra

24th February 2008, 01:45

I'm going to see police on Tuesday. Claim what I bought from my country.
I will prove by CHQ. He might comitted with crime if he deny.

I will let you know later....

anymore advice.....please.........

ard_dra

26th February 2008, 16:45

I have seen police today. But unforturnately the officer get sick. I leave some paper work that might help them to help me.

I will try again....

anymore advice please.....

ard_dra

27th February 2008, 14:50

I Need A Hand>>>>>>>>>>>>>>>>>

ard_dra

29th February 2008, 19:20

updated...........

police call me and tell me to contact with trading standard in borough council in the town I were set up the restaurant.....

I will find is that any luck in there......

anymore advice please.............

ard_dra

1st March 2008, 18:13

something I dont understand is police told me "Do not get in to my restaurant again because I will scare people inside" is that true????????

I signed the lease. I still have responsibility to that property if something get wrong. Why I cannot get in to my property?????????

police told me that my previous company secretary she shown her document to a police that she own the business and I should not do anything in side my own restaurant.........And I should go to solicitor. I said ofcourse you have to say that. But I was kicked out. I have not enough money to hire them. I am not my business partner who can hire the best solicitor or barrister......................

What should I do????? please advice....

ard_dra

3rd March 2008, 16:53

HI..........

today I recieved email from barrister in london.

They reccommend me to visit www.barprobono.org.uk (http://www.barprobono.org.uk) these people they do for charity... I will let you know.... Is there any luck in there.......

thank you for reading........

anymore advice...please...help...

ard_dra

9th March 2008, 21:35

I am still waiting for help......

I try police, CAB, legal aid, company house.....no luck....

stilll...waiting...for your help

Subbynet

9th March 2008, 22:07

Damn I wish I had some decent advice!

All I can say is, if hiring a solicitor is too expensive, don't forget you can represent yourself in court... Its a last resort because an expert would be better, but I wouldn't allow someone to steal my business without a fight till the end.

DavidRyves

9th March 2008, 22:12

PM sent...

Will see if I can get you a solicitor to work on a pro-bono basis. You have a barrister who will represent you if you have an instructing solicitor. You will have to wait a week or so as the person I have in mind is kicking off a 7 day hearing tomorrow - but be patient and we'll help you out.

Cornish Steve

10th March 2008, 03:27

First of all, I'm sorry you've been through this experience. It sounds like your former partner is a real sleaze-ball. This is the first important lesson:

- When you go into business with a partner, be sure you know that partner really well. View the partnership almost like a marriage, because a separation will be difficult and painful. Also, be sure to put details of your agreement in writing to cover difficult situations like this one.

Next, be sure to get your immigration status sorted permanently. Your former partner took advantage of you in a cynical way because you were in a position of weakness. If you're now living in Britain legally and there's no threat of deportation hanging over your head, that's a big step forward. This is the second lesson:

- Negotiate from a position of strength otherwise partners, customers, suppliers, etc. will take advantage of your weakness. It sounds cruel, and it is, but that's real life.

As for recovering the situation, I really don't know what to suggest. If you have the talent, I'd almost be tempted to wipe your hands of the situation and move on. You could waste years of your life trying to get back into the business. Why not create a new one, throw yourself into it, and prove to your former partner that you are one smart businessperson. While this is said a little 'tongue in cheek':

- Revenge is a dish best served cold. In other words, don't rush in to a situation full of emotion. Look at things objectively. Take time. Be sure to succeed this time around.

You mention that you own the lease on one of the restaurant buildings. Does that not give you the right to serve notice on your former partner to vacate the premises? Maybe this gives you some leverage as you try to resolve the situation.

Whatever you decide, I wish you the best. Don't let this experience turn you against running your own business. You can do it!

i.m.

10th March 2008, 09:19

Just to let you know that we will certainly do what we can to help on this one and will liaise with any barrister on a pb basis. It is a very complicated matter and is very dependent on evidence because there are some legal concepts we can use but they are based on conduct and it is vital we have good evidence to support us. The attack will be based on a combination of constructive trusts, unfair prejudice and unjust enrichment but it will take a while. We will keep you posted.

BR

ard_dra

11th March 2008, 12:53

Someone told me I am crazy.......I keep post my story everytime when something happend............they said no one will interested a person like me.....

But I do believed someone out there..........

Thank you for Subbynet........I never thought for this resource.....it will be last one

Thank you for DavidRyves..........thank you I will wait for your help

Thank you for Goldctrsteve........Yes, I just reliaze. But if I look in a good way. it is a good lesson for me to move on. I opened restaurant when I was 24. My family no one did business before. In the bad way it should not happend :-(. But I will start again. I will never ever give up. If I lose I will not sad. At least I try my best. On the premesis there are 3 names; my name, my uncle and british business parter.

Thank you for BR........you are the star. you help me a lot. Even we never met and I am a forienger but you seem to care and helpful person...thank for your PM, advise, etc........

I dont know when this post will be end. But I will keep post every time when something happend until the end.
Even...... I am loser or winner..............

thank you....

ard_dra

18th March 2008, 19:43

I am going to see a decent solicitor on 2 April,

They are a member of ukbusinessforum.

......................................

:redface:

DavidRyves

18th March 2008, 20:33

Excellent! I hope they can resolve your problems and restore what should be yours.

The very best of luck and best wishes.

David

reggiemental

18th March 2008, 21:14

Yep, good luck ard dra! Hope it works out for you.

Paul

ard_dra

18th March 2008, 23:16

Dear Sir,

I will let you know how is going.....

thank you for your swift comment and advice....

FPB-advice

18th March 2008, 23:49

Ooops, sorry for the posting, was intended for another thread.
You're getting good advice here already though, and good luck :)

ard_dra

22nd March 2008, 01:35

I might need to get back to my own country to find out more evidence especially some evidence to relate and support my shareholder in company2 and company3......

thank you for reading......

anymore advice please......

ard_dra

28th March 2008, 06:25

I am preparing all the document as much as I can.

another 6 days. I will see a member of ukbusinessforum.

thank you for reading......

:-)

ard_dra

3rd April 2008, 02:23

Dear all member of ukbusinessform,

After i have been prepared document for 13 days, I slept only 3-4 hours a day during |i have a regular job in the day time. My evidence is high approximately 7 inch.

I have seen a decent solicitor today. He is very helpful. We have discussed for 2 hours.

I have booked a flight to my country for two week to get more evidence.

I will let you know later.

ps. Dear the owner of this website. i would like to say ''Your website is real useful. It's work. Thank you for create this website"

tourismalgarve

3rd April 2008, 02:35

Sounds like it all may work out, best of luck

ard_dra

5th April 2008, 16:06

I am going back to my country on 7 april. Lots of things to do...
I will bring some souvenir back for a member who reply my thread in the past....

wish me luck..

see ya!!!!:rolleyes:

scrizzle

5th April 2008, 17:22

Not much of an expert on cases like this. But I wish you the best of luck mate!:)

ard_dra

12th April 2008, 10:38

I'm in my country at the moment.

my partner relative not quite cooperate.

It's quite difficult to get more evidence....

but I will try again.....

ard_dra

29th April 2008, 16:56

I am back.

Friend in this thred find me a excellent organization.

it's call Allianz Litigation Funding.

This organization they provide funding for a case, only
three criteria need to be met:

•The amount in dispute is over 100,000 pound
•The financial strength of your opponent is sufficient.
•Your solicitor recommends to issue proceedings
and convinces us that there are (very)
good prospects of success.

This is how this organization cooperation works:

•You take the initiative and consult your
solicitor.

•Your solicitor assesses the prospects of your
claim based on his expertise/counsel’s advice,
and informs you and us of his findings. If we
fund the case, your solicitor continues to
represent you.

•We contribute our expertise from years of
litigation funding and provide you with a
sound financial basis for the proceedings.
As a result of our efficient team effort, we
increase everyone’s chances to profit from
our mutual cooperation

ard_dra

4th May 2008, 11:41

I am going to collect a critical document from the Bank in couple week.

If I can get that document.......I might see the light in the dark...

thanks for reading

aaamusements

4th May 2008, 18:40

ard_dra

4th May 2008, 23:47

Hi Ard Dra...
Been a fascinating read so far and looks like it may continue to be for a while yet!
One question; presumably this "Allianz Litigation Funding" work on a no win, no fee basis and take a cut of any settlement?
Just out of interest.

Good luck, and hope you get sorted.
:)

"Dear sir,

you can find out more on www.allianz-litigationfunding.co.uk (http://www.allianz-litigationfunding.co.uk)

they are pretty good but the important thing is a solicitor,
solicitor need to convince them....

please find out more.

hope it will help......

thanks for reading....

:-) "

ard_dra

12th May 2008, 02:45

last two week I have spoken to previous company bank manager.

I ask about a critical letter from them that show how can my business partner change the company. This letter is three year old.

The previous company bank manger told me it will take a couple day to find out because she not responsible to that account anymore.

I have waited for a week. No contact. I called bank again. They gave the name who response.

I spoke to a new company bank manger. I asked for a letter.
She said
"She not quite sure that bank still have that letter because the bank decided they do not want to keep the local paper any more, it may be lost forever"

After that she asked me am I a singnature on the account. I explained to her that I was tricked by my business partner.

But she still ask me so many question.

This Wednesday I will go to another bank that my business partner move all business account to.

I wish I will have some luck there.

keep fighting,

thanks for reading,

ard_dra

ps. Any advice for the process of the bank or how can I get those letter please advice.

ard_dra

26th June 2008, 03:17

"When trobles come they come not single spies but in battalions"

Dear all reader,

on Feb 2008, I was lucky. One of ukbusinessforums member would like to help me.

He is a partner of the company firm in London.

He is a very nice and very helpful guy.

He gave me a solid comment and direct me the way. Even how to solve the problem. step by step.

As you can read on the previous page.

But the begin of this month. He have had an operation.

He has to left the firm......for medical treatment

I have shocked when I get the email. I dont know how serious is but he has to disappear for a while.

But...He still worry about me. He sent an email to me, cheers me up........

I wish he will get better soon......not for business or my case...but for how good he was......compare with my ex-business partner.

Thank you for reading......

keep fighting!!!!!

:(
"When trobles come they come not single spies but in battalions"

Lizzyf

26th June 2008, 03:47

nigelmarsh

27th June 2008, 19:20

Whoops My Error !!!!!!

nigelmarsh

27th June 2008, 19:38

whoops my error ;) (http://wck2.companieshouse.gov.uk/5db9024e1c3bb98860e284dc246b2d54/compdetails)

Jenni@FarrantFrost

27th June 2008, 20:37

Nigel

I think you'll find the OP used dummy names, First Ltd, Second Ltd and Third Ltd:

My case it's quite complicated,
We setup company on 27 Feb 2004 name ''First Ltd'', we have 3 shareholder, 1 british and 2 foreigner (I'm foreigner)and 1 secretary (british wife). Business has been very successful. We expand to have second and third restaurant. British partner told us in each restaurant should have another company name. We did what he said. One year later. My uncle (one of foreigner shareholder died because liver cancer). My visa has expried.
British parter knew that. He told me to leave if I'm not leave he will call the cops to send me home. So I left with only one bag. He told me he will kept all the document with him (I taped it). After that I found out british shareholder and secretary close the first company (I have share). And change name to be ''second Ltd'' name by use secretary name as a shareholder (only one share) but I'm still director with the other. After my uncle pass away, They changed company name again to be "Third Ltd" and resigned my name by british shareholder and secretary:mad: without my acknowledge.

Sorry :)

ard_dra

27th June 2008, 23:17

I used a dummy name because I cannot public those name at the moment.

But I will public those three name after everything complete. sorry about that.

thank you for your comment,

regards,

ard_dra ^_________^

nigelmarsh

28th June 2008, 07:20

email me the names of the companies so i can see the details on confirm your or your uncles entry on the register and also check the London Gazette for details of any liquidation .

ard_dra

28th June 2008, 19:40

Dear Nigel,

I have sent an email to you.

Is that useful?

regards,

ard_dra ^_______^

nigelmarsh

29th June 2008, 13:57

it seems the first company was Dissolved 16/05/2006 i suggest you approach the Liquidator on this and get full particles of the liquidation .

the second company is still live and filed turnover 2007 of around £354'000 with shareholders fund of around £55'000 . the company was formed in 2005 it would seem the same individuals have had one share each since its incorporation .

the information on the 3rd company is almost identical to the second w with the same shareholders as registered it would seem since incorporation .

It would seem to me if you believe you have a claim you would first need to justify the reasons for the information in the public domain reading as it does :(
as this information would clearly be used against you in any legal action you with to take out against the directors /shareholder of the companies .

nigelmarsh

29th June 2008, 15:23

If you can show you do have a share in the company/companies it would still seem you are only a 30 % share holder , so Mr and Mrs xxxx who hold 2/3 of the shares could and it seem does out vote you on all issues , including , change of directors and requesting for company liquidation .

ard_dra

29th June 2008, 19:42

thank you Nigel,

I will email a full detail of my case to you.

It's more complicated than you see. It's tricky very very tricky.

Please read.........

nigelmarsh

29th June 2008, 20:48

ok received .

from what you say , there was 4 shares to the first limited company of which you and your late uncle owned 1 each .

As is clear the first company is dissolved , if you believe there were assets left to the benefit of the shareholders then you need to see the administrators comments , assuming this type of business there is no freehold property and it is all good will based around the chef , i would think the only assets is possible an intangible asset of the restaurant name . The rest would be fixtures and fittings which arguable may of been taken by the land lord, or the new tenant (second ltd company )

It would seem from my brief look that you and uncle left the board of directors in 29/12/2005 & 26/09/2005 with possible only 50 % share in the company , (share holding based on your comments , i was unable to confirm this from records ) it would seem you did not introduce a new director to look after your interests ,

You need to check that the 288 and the company shuttle forms were completed correctly and filed correctly and safeguarded your interest .

If you find the directors have been saying one thing at the board meeting's and filing something different at companies house , then you need to gather evidence and take out proceedings against the directors personally.

It would seem to be that the current directors of "limited company two " has 50 % of the shares and has controlling directorship over the company . which means even if you discovered you do still have 50 % shares in the company , im not sure what action you can take as at present you have no controlling interest .

Maybe some others readers can advise on best action in such a situation ?

ard_dra

29th June 2008, 22:38

Thank you Nigel,

From the begining we have 3 share holder,
myself
my uncle
and Mr.XXX

Mrs.XXXXX is a secretary... After they change a company Mrs.XXXXX become to be a share holder. During tricky process.......How they did that???

Answer......
They ask us to change from "frist company ltd" to be "second company ltd" through the bank.. We chage the company name because Mr.XXX and Mrs.XXXX told us that they have robbed, Burglar steal all company document, Driving license, etc....... so for security they want to change....for a while.......So, Mrs.XXXXX wrote the letter and said we would like to change the name of the company all instruction to stay the same as our previous banking detail....... After that....

They set up their own company name : "second company ltd"

Between the name is same on The bank and company house
but the structure is different in major part........(Tricky point)

First company

............................../...............BANK......................./................ COMPANY HOUSE......................./

Previous company: ..../...............NONE......................./............................NONE.................. ............/
Shareholder:............./..... Me, my uncle, Mr.XXX........./...................Me, my uncle, Mr.XXX................../

Director :................./..... Me, My uncle, Mr.XXX........./...................Me, My uncle, Mr.XXX................../
Secretary:.............../.......... Mrs.XXXXX................../......................... Mrs.XXXXX........................../

After we change company to be second company ltd

Second company

............................../...............BANK......................./................ COMPANY HOUSE......................./

Previous company: ..../........First company ltd............../............................NONE.................. ............/
Shareholder:............./..... Me, my uncle, Mr.XXX........./...........................Mrs.XXXXX.............. ........./

Director :................./..... Me, My uncle, Mr.XXX........./...................Me, My uncle, Mr.XXX................../
Secretary:.............../.......... Mrs.XXXXX................../......................... Mrs.XXXXX........................../

After they kicked me out they said I don't have any share with those company........

The turnover is more than Mr.Nigel said..........I knew what they did....I spoke with them-------> they kicked me out

......Thank you for reading.....

Any advise please..........

regards.

nigelmarsh

30th June 2008, 07:44

the second company was formed independently to the first , there for i should disregarding the bank issue as i don't see the reliance . The shuttle form of 2006 shows that there were 3 shareholders and an additional share was issued to Mrs xxxxxx . giving mR and mrs xxxxxx 50 % shareholding and 100 % of directors control over the company .

You need to examine the reason for the shuttle form giving mrs x , a share

the turnover i quote , is the turn over that was was published on the company accounts !

ard_dra

30th June 2008, 12:21

Dear Nigel,

Thank you very much for your information and your time...

if you have any further information or more advise please advise..

Thank you very very much

thank you for reading

^___________^

ps. any more advise please......

ard_dra

13th August 2008, 01:12

Dear all,

I would like to report that the member of this website who offer me help since Feburary and he got sick since June.

He feel as a normal now. He sent me an email that he will discuss my case with a new firm.

Thank you for reading....

^______^

ps. anymore advice please...

Lizzyf

14th August 2008, 13:59

Hi there
If you need any legal advice I have a friend who is a very experienced friendly solicitor.

noidea

14th August 2008, 22:14

noidea

14th August 2008, 22:16

Also the fact that your visa expired doesn't mean you can't hold shares, that's crazy!

DavidRyves

14th August 2008, 22:32

I'm not a lawyer (so will accept correction) but key issues seem to be decisions of Special Resolution status being made without input from the OP (75% shareholder agreement), possibly issues around EGM's to pass these Special Resolutions (possibly requiring, for example, consent to short notice) and oppression of a minority shareholder. Is there anyone out there who can help this person further?

ard_dra

15th August 2008, 12:18

Dear all reader

First of all, Thank you for your advise and comment..

Second,

From the beginning we have 3 share: myself 1 share, my uncle 1 share, and Mr.XXX 1 share.

Mr.XXX change a company name that he claim he was robbed. as I said on #68

new company name is set up by Mr.XXX and his wife Mrs.XXXXX

By legal document Mr.XXX and Mrs.XXXXX set everything up as Nigel said on #69

Mrs.XXXXX she was our company secretary.

that's mean Mrs.XXXXX and Mr.XXX cheat myself and my uncle.

But how the judge will believe and how can I prove that?

thank you for reading...

regards,

ps. any more advise please.......

noidea

15th August 2008, 12:48

When you said renamed you mean a new company? This is a big difference.

ard_dra

15th August 2008, 19:11

Dear Noidea,

I will try to explain that......(sorry if I make u misunderstand due to my english not excellent, and I do not have acknowledge about the law)

First we set up company name ''A (UK) Ltd''. with the first restaurant.
-myself had 1 share, Director
-my uncle had 1 share, Director
-Mr.XXX had 1 share, Director

Mrs.XXXXX (Mr.XXX wife) as a company secretary.

restaurant very successful we going to open another restaurant...

Mr.XXX told us he was robbed. he want to change company name from ''A (UK) Ltd'' to be '' A Ltd '' to protect the robber to access the account. we wrote letter to the bank showed that we would like to change the name but everything will stay the same....

So the first restaurant run under ''A Ltd''
Lease sign by myself, my uncle, Mr.XXX

after a few week we take a lease for second restaurant. Mr.XXX told us we should use a different company name in each restaurant. So He told us to use ''A (UK) Ltd'' During the police caught the robber. Mr.XXX told us everything will be the same as beginning.

So the second restaurant run under ''A (UK) Ltd''
Lease sign by ''A (UK) Ltd''

a few month later we open third restaurant and he use ''B Ltd'' Mr.XXX said everything will be the same as ''A (UK) Ltd'', ''A Ltd''. We believed that because we signed form 288(a) from the company house.

Third restaurant run under ''B Ltd''
Lease sign by Mrs.XXXXX (Mr.XXX wife) (I found out a few week before i was kicked out)

After they kicked me out...Mrs.XXXXX and Mr.XXX

- use ''B Ltd'' to keep all taking from first and third restaurant..
- resigned me from ''A Ltd''
- dissolved ''A (UK) Ltd

So......

on the screen that show the record in company house will show that Mr.XXX and Mrs.XXXXX are the shareholder and divided 50%

regards,