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Advice on offer of Directorial Role

Hello!

Hope this is the right place for this kind of query but I'm seeking advice after being offered the opportunity to buy in to an SME as Director/shareholder.

I've only previously worked as an employee and was thinking that the best next steps would be to seek out some legal/financial advice covering the various implications around salary vs. dividends, pensions, NI, insurance, what type of shares would be made available to me etc.,

If anyone has been in a similar situation any any pointers would be greatly appreciated.

Thanks,

Craig

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[Amazon] MFN Listing in Stock, but on Amazon "Unavailable"

I'm trying to sell units of an existing ASIN here on Amazon Poland. I entered over 28 units in stock, waited 5 days, no errors on the listing, and the listing is still showing as "currently unavailable"... even though the listing is "Active".

The original listing is selling the product on Amazon Germany.

It's odd though because at the bottom section "Manage offers in other marketplaces", my "28" quantity seems to show up for Amazon Europe but not for Amazon Poland.

Anyone know how to get it to be shown as "available" for retail buyers on Amazon? I have the same exact issue for 30+ products.

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USA - Religion & politics in business

I have a new venture with a potentially significant market in the US. In preliminary activities I have been working with a potential partner. As can be expected with any partner there are strengths ans weaknesses. It has gradually emerged that this person is very forthright with his views on politics and religion. It seems he never heard of the principle of not mixing business with religion or politics, he actually mentions his views at every opportunity. As a European I find this pretty shocking and am inclined to end the partnership.

I am interested to find out what US business people think about this. The likely customers are US government organisations. Is a person who is "broadcasting" his political and religious views going to alienate people or might it actually be an advantage?

(please state if you are from US or have experience of working there when you reply)

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Defrauding startup shareholders? Limited company.

I will keep this as brief as possible. I was a 49% shareholder in a start-up property letting business. I resigned as the other director of this limited company days before trading officially started. The reasons for this may be part of the legal process at a later date.

My question is this. Can the director of a limited company set up another company trading in exactly the same way but under a slightly different classification at Companies House using the same assets, in this case, at the very least, the same properties for rental? Without using the exact name of the business, an example of the name change for this new company could be as follows: The original company was called Phoenix Ltd, the new company is called Phoenix rentals Ltd. The name of the director whose behaviour I am questioning is spelt differently for the new company. Despite the other directors legal obligation I have never received a full set of accounts and the original company ABC Ltd appears to be in debt and ceased trading. The new company, using the same properties, and now more, is making a healthy profit. I have not posted this question for financial reasons although recompense for the considerable cost in investment of time and money, at the very least, would hopefully deter this person from behaving in a similar way in the future.

Thank you

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Have FPN's been issued lawfully

My wife and I have launched a small business. We had some advertising boards made, intending to use these for marketing at sponsored events etc. A staff member acted independently, displaying several in public. This came to light when 3 X FPN's, each with a £100.00 charge, were forwarded by the local authority, to our Limited company, resulting in the immediate recovery of the boards and advice to our employee. They were affixed to street furniture with cable ties, which were recovered with the signage, so no litter or damage was caused. Our business is in it's infancy and is haemorrhaging money, so we are not best placed to throw money away, and as we have some knowledge of advertising regulations, would not have authorised the use of the signage in these circumstances.

THE FPN's have been issued under Section 44(1) of the Anti-social behaviour Act 2003.
Section 43 of the Act relates to Penalty Notices for graffiti and fly-posting, stating:
43(1) Where an authorised officer of a local authority has reason to believe that a person has committed a relevant offence in the area of that authority, he may give that person a notice offering him the opportunity of discharging any liability to conviction for that offence by payment of a penalty in accordance with the notice.
Reading further detail of the Government guidelines in relation to the legislation, this directs that an FPN may only be issued to a person that the issuing officer has reason to believe is responsible for personally placing or affixing the offending material.
The explanatory notes for the act state:
104. Section 43-47 give authorised local authority officials the ability to issue fixed penalty notices to offenders who have perpetrated acts of graffiti or fly posting. The intention is to levy the penalties only on the persons actually committing these acts, and not in the case of fly-posting on the person (unless he is one and the same) whose goods or services are advertised on the poster.
Every reference relates to a person.

Representations have been made to the Local Authority, that the use of FPN's is an abuse of process, however, the response advises that:
"You state in point one that a Fixed Penalty Notice may be issued to a person personally affixing or placing the unlawful advertisement in question. This is correct. However, in UK law, a Limited Company is determined to be a separate legal entity in it’s own right, and in effect carries the same status as “ a person”. Where legislation refers to “a person” this can also refer to a limited company. Certain legislation does have separate penalties for corporate entities but this is not the case here." The manager that responded states that they have successfully prosecuted several businesses after FPN's have not been resolved, though question whether anyone has ever challenged the issue on this basis?

Having read the guidelines in detail, I can find no reference to service of FPN's on a business, other than reference to entirely different legislation, relating to a Community Protection Notice and under section 43 of the Anti-Social Behaviour, Crime and Policing Act 2014. This directs that a CPN may be served on the appropriate person of a business (examples of appropriate person are given as small business - owner, or Supermarket - Manager), requiring the removal of advertisements. If that is not adhered to then an FPN may be issued to the person. Though different legislation, it is intended to be used to address the same act. The specific refence to a business tends to infer that may be the appropriate legislation to use to deal with businesses, and that S44(1) is actually intended to be used if the person posting/affixing is identified.

The crux of the matter relates to the lawfulness of the issue of an FPN, issued under Section 44 (1) of the Anti-social behaviour Act 2003, to the business. Have the notices been lawfully issued to a business, or are they only to be issued to a person and the Local authority are using their corporate might to intimidate us into payment of a charge that has not been lawfully applied?

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Tax - and penalities as a limited liability company in the UK

Hi, I made a limited liability company and registered it in the Uk.

However I did not know which taxes are due when so when I began receiving notices to file company returns I did, however in the meantime I decided I did not need my company anymore so I filed to close it, how after sending in the closing notice I received a penalty notice of amount 750 pounds as a penalty for late filing of my company accounts. But after writing to companies house, they told me that the penalty would lapse if the company was closed.

So that is one question I need your answer to, i.e. will it really lapse?

Secondly after I sent in the notice for my company to me closed, I received a second letter form HRMC that I need to pay a 100 pound penalty for the late payment penalty again that corporation tax that was due. now I don't understand what corporation tax I owed since I did not trade or make any profit during my company's existence. They have asked me that I can appeal this but I don't know what to appeal since they also say we should make the payment for the actual corporation tax first and then appeal the penalty.

But I don't know what or if any payment is due for my corporation tax, even if my company was active. So kindly help me work this out. The fact that I am out of the Uk and have no understanding of these taxes also make it harder given the 25th August 2022 appeal deadline is right on top of me and I have passcode related issues as well that I have the to match the time zone (I live elsewhere) so I can access the government gateway etc.

Please guide.

Best,
Sikandra

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What aspects of your marketing are you dissatisfied with?

I'm a marketing director and I have spent my career working in large corporates.
Last year I serendipitously had the opportunity to start an elevator services company with an industry veteran as a side project.

Over the last year, in my spare time, I've implemented and executed a small business marketing plan (fast website, SEO, email marketing, digital ads (Google/Facebook/Instagram/Linkedin), flyer drops, industry magazine adverts, PR, branding.
Leads are now nicely building up and we have a pipeline of work stretching into next year. We've gone from a standing start to a run rate of about £750k/yr.

My question to other small business operators is what aspects of your current lead generation isn't working for you?
Traditional marketing? Flyers, adverts, radio,
Digital marketing? Website, SEO, Google Ads.

If you outsource your marketing are you satisfied with the 3rd party's efforts?
Do you pay £500/m for 'SEO' but don't know what it means? Or what it's doing to drive leads for example?
How are you measuring the return on investment?

I'd be interested in your feedback.

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Reclaiming Import VAT

Hi everyone, I'm a board game publisher, a UK VAT registered Ltd company.

My games will be manufactured in Poland, EU and then sent to fulfilment hubs, one in the UK and the other one in the USA.

I can imagine I will pay Import VAT and customs fees when my games cross the border in the USA. How do I reclaim it? Is it also done via HMRC VAT Return?

Thanks in advance!
James

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Matching buyers with sellers: commodities available at certain times (appropriate software?)

Hi,

I work for an agency, each of whose members can both buy and sell commodities. We have software to match people up, but it's ancient (UNIX-based) and not intuitive or straightfoward to use.

Unfortunately, we're stuck using the current system for now, but I'd like to create an ancillary database, with all the members' stock listed.

For example:

Craig calls us up to say he has 20 pumpkins for sale, but they'll be too old to sell in five days' time.
Mary tells us she'll be picking 50 pumpkins next week, so they're not ready for sale until then, but will last until early next month.
John wants to buy 40 pumpkins in time for Hallowe'en to sell in his shop, which overlaps with Mary's being available.
I enter this information into the software/database... then it notifies me somehow that Mary can fulfil John's order.

The database would need to match up who is selling a commodity at a particular time with buyers. Each entry of commodities for sale should show quantity available, type (e.g. are the apples red or green), duration available, and other notes. For my records of people wanting to buy commodities, the same categories should be available.

Notification of a match is important.

Does anybody know if such a program exists off the peg, without costing the earth? It seems like it would be possible to create something that works using Excel scripts, but also that it would be far beyond my capability to create it!

Any help much appreciated.

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Any Ideas Welcome

I have just found myself out of a job! I'm looking for inspiration or ideas to start something for myself. I have a little amount of money put to one side (a few hundred). I have spent the last 10 years in customer service, retail and sales roles. I'm a peoples person and love chatting and getting to know new people. Unfortunately, I do not have my driving licence yet and I have a mortgage to pay too so the risk here is pretty high but I also have everything to fight for.

Has anyone got any ideas for a low cost start up with this kind of skill set?

I was intrigued by becoming a virtual assistant but it would seem that a lot of people are doing that, is there a market to earn decent money from this?

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Health checks after a new job offer

Hello all,

Could you please let me know what the law says about health checks and how they can affect a new job offer?

A colleague of mine has been off sick for several months and they would like to find a new job as they believe the high levels of stress and excessive working hours contributed to their current health issues. They are hoping to recover within the next month or so but they are not sure whether a new employer would be happy to hire them if they realised my colleague has been off sick.

I noticed that some companies as part of the recruitment process ask the referee how long in the last 12 months the prospective employee has been off sick. In addition, the prospective employee has an appointment with Occupational Health to identify what is their health situation and whether they can do the job.

Please note that my colleague still has their current job but the company has not been supportive and it seems the employer would like to terminate their contract. This is based on some comments made by HR. However, the company has not been yet clear about what is their position as they must follow an internal procedure and cannot fire them yet.

My colleague never had issues with their managers or other colleagues, and their performance appraisals always have been exceptional. They have been working for this company for 3 years. Thus, I am surprised how the employer is managing their situation. As you can imagine, they cannot lose their job until they find another permanent/reliable source of income but I am not sure whether the fact they have been ill for several months can affect their chances.

Many thanks.

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Cost of Living Support

An accounting question related to giving some employee support during the cost of living crisis we are in.

I am aware that you can make small gifts to employees outside of tax, whilst there is no limit to the number, At what point would it be regarded as a series and fall out of the trivial benefit.

I am lookingat giving a voucher for a supermarket that could be used for either fuel or goods. Whilst this Cost of Living crisis exists

Any ideas on how these could be done (should be done) Or any other ideas?

TIA

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Sage / Ebay question

I have a question regarding booking of eBay sales on SageOne. I have already done a search, but I can’t seem to find a topic that answers my particular question.

I would like to know how to correctly allocate the sales on Ebay and associated fees for each transaction.

For example:
I sell a product where the total transaction to the customer is for £53.98, which is split into £49.99 for the product and £3.99 for postage and packaging. I currently book this on Sage under a blanket customer called “Ebay sales”

Out of the £53.98 of the sale, eBay passes £45.91 on to us after deduction of their fees of £8.07 (£6.72 selling fees and £1.35 VAT) and sends us a separate invoice for this.

The issue I have is that I am not sure how to book this correctly.

If I book the sale at £53.98 and allocate the payment of £45.91 there remains an outstanding balance of £8.07 to be paid on the transaction. Likewise, I can book the eBay invoice for the fees separately and mark it as paid, but this doesn’t offset the outstanding balance against the original transaction.

I would appreciate it if someone who sells on eBay or who knows how to do this could point me in the right direction or show me the steps I should follow.

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Best Way Of Finding Mentor & Investors For Business

Hello,

I am quite new to the business world and my query was:

  1. How do you usually attract investors? Do you go out and search for them or is it vice versa? I think there are websites aswell where one can post but I saw an article where it says investors do tend to approach businesses aswell.

2. Where should one look to find a mentor? And do they charge?

Thank you

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Company dissolved but could director still get outstanding invoices paid as a sole trader from an old client ?

Hello,

Hope you're all doing well.

My company was voluntary dissolved 10 months ago. However, an old client owes me some money and got in touch with me to settle the payment, but I trade as a sole trader now as oppose to running a Ltd company.

I have asked the client to pay the invoice into my sole trader bank account but client is now refusing to pay up because
The LTD company was voluntary dissolved and I no longer have the LTD company bank account.

I have mentioned to them I'm now a sole trader and I don't work under my Ltd company anymore as its dissolved, But they are refusing to pay the fee they owe.

They are stating the fact that because my Ltd company has now been dissolved my contract with them has ended. Also, because I'm a sole trader now they still won't pay me because they (the client) has no contractual agreement with me (the sole trader).

This seems quite unfair and frustrating. The sum is just under 3k.

Is that the end of my funds? The client will just keep the money?

Any help and advise would be highly appreciated as this is quite stressful for me and my family.

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Court Claim Two Invoices

I have a client who I have sent two invoices to, each requesting payment within 7 days. Both are now overdue by over a month. This client had previously paid earlier invoices.

The client does not reply to any emails, calls or messages. I have sent the invoices via email, and I have also sent them via WhatsApp and can see they have been delivered.

I now need to proceed to a court claim.

1) In terms of court fees, it will be cheaper (and simpler) if I can group both invoices together into one claim. Am I allowed to do this?

2) Is email, and WhatsApp proof of delivery, to show that the invoices have been received? Or should I first print and sent copies via recorded delivery?

3) On the court claim, can I use my office address and not my personal address? I am a sole trader, and my office address is the one noted on the invoice.

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Annual Leave denied by line manager

Hello, i started a job a couple of months ago in a care home, it is my first time in employment so i am looking for some advice. I recently spoke to my line manager to see if he could put me in for my annual leave, I had left it until now because i felt nervous about immediately booking in for an annual leave after starting, wanted to work a bit first as i might not have stayed at the job if i really didnt like it. Had no issues so far, i havent missed any days, was only late on one occasion due to train strikes but overall i dont think i have caused any problems, however, I have been told quite bluntly that there is no space for holidays until after December, as i have already been working 3 months i was hoping i could get one week in for september or october but only one kitchen assistant can be off at a time according to the rules here. So its looking like i might not get my holidays until january, february, or even later and at that point i have already been working for 8-10 months without annual leave and quite frankly i dont think i will stay for much longer if that is the case.

Are there any options here for me? I dont see how its fair for me to wait up to 8 months just to take one week of my annual leave, considering im entilted to 28 days per year, i dont complain about any days im put in and i dont even care quite frankly when my annual leave is, i just want a break at some time. Appreciate any responses,

Thanks, Ryan.

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Home address for a Limited Company

When I register a limited company I will need a proper Registered Business Address. Can I give a P.O.Box nbr as my own, home address ? I want to avoid correspondence with the name of my company on it being delivered to my home. For reasons to do with the local environment.
Do firms that carry out Business Address registration accept an order from a P. O. Box nbr ?
Would be grateful for comments. Thank you.

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Parking Charge Notices

Whilst working for my client in Edinburgh, I parked my car in my client's carpark (it is land he owns) and undertook work in his building.

An issue arose when Smart Parking Ltd issued 3 PCNs stating I was parked in a private carpark which is fully owned by another building owner. I checked with my client and he confirmed that he owned part of the land and the other guy owned part of the land, he interestingly informed me and sent letter evidence confirming that Smart Parking were made aware of the issue that the other guy did not own the all the land. Smart parking thanked him for letting them know this, again I have seen this letter.

I filled in their on-line form stating that I was parked with the land owner's consent and these PCNs should be cancelled. It was rejected and I was told to deal with the debt company from that point on. I contacted the debt recovery company (on hold for ages) and spoke to them directly clarifying that I was parked with permission of the land owner, they replied saying effectively that they had investigated the matter (they have not contacted my client but I'm guessing spoke to the guy who is claiming that he owns all the land) and rejected this. Also, when I spoke to the debt company and I did explicitly inform them of my client and Smart Parking knew that the other guy does not own all the land.

My question is, can I invoice them for letters/communication (Yip... just to be an arse) or simply let them take it to court and counter claim at that point? Or is there an alternative?

Thanks in advance.

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