Registering a company in someone elses name

k100danny

Free Member
Oct 23, 2013
465
51
43
I wonder if anyone can tell me if some law has been broken here, im pretty sure this can't be done but let me explain what has happened.

Last year a family member set up a small business, they work from home and are a sole trader, as the business got a bit bigger her boyfriend and his mum kepts saying you should register as ltd, put your boyfriend down as a director too. She camt to me for advise as i have run a company for many years as said at the moment there is no real benefit to her doing this, small amount of profits, no real liabilities etc and added admin costs for a ltd. She agreed and said it wasn't something she felt comfortable with and was happy just to carry on as a simple sole trader and see if the business ot bigger.

Fast forward to this week, it was her birthday and he "suprised" her and gave her a gift, when she opened it it was a framed incorporation certificate with her name on a ltd company. I don't think she was happy about this but he said oh i registered the company for you. He's not that bright so i think he though that will be something to stick on the wall or that it was some nice gesture but i've said what he's actually done is give you a liability as you will have to submit dormant accounts etc as far as im aware (I have never actually owned a company that hasn't traded) Now she is worried because she doesn't know how ti will affect her trading as the same name as a sole trader, is there any issue here? Also looking at the incorporation documents he has put her down as the only shareholder and the companiss registered office to some account we have never heard of, I assume they helped him set up the company but my question is is this even legal to register someone as a company director without them knowing?

any help much appreciated.
 
As for it being a hindrance to her sole trade, no it isn't. Not in any way, shape or form.

Whilst I would question the morality, let alone the legality of naming her as a director of a newly incorporated company without her knowledge, she does know now, and the reality is there is no harm done. She could, if she chose, simply submit a DS01 and the company would be gone again.

Although, you never know, if trade improves, it may be beneficial to be incorporated and the company could prove useful at that point.

Filing DCAs once a year is hardly a major chore in the meantime.
 
Upvote 0
As above. This will have no effect on her trading as a sole trader.

What is more, legally speaking she is not a Director of this company as it is not legal for someone to register you as a Director without your knowledge/permission.

She could...
1. Pretend to be a Director and, asSteLacca saidfile a DS01.
2. Write to Companies House and tell them she never formed this company or agreed to be a Director and it is nothing to do with her.
3. Keep it, in case she wants it later (submitting dormant accounts).
 
Upvote 0
Her BF and his mom both insisting on a Ltd company? Wants the BF in on it as director as well?

Something fishy goin' down.

She should be more worried about her dopey af BF not the Ltd company.
 
Upvote 0

Latest Articles