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Company Act 2006

Discussion in 'Legal' started by Vishwas Toley, Mar 6, 2018.

  1. Vishwas Toley

    Vishwas Toley UKBF Newcomer Free Member

    2 0
    Hello,
    We have 4 partners (2 Couples) in the company and after running company for 10 months with many differences, 2 partners (1 Couple) had started a discussion about closing the company but another Couple Partner was not keen on closing the company. After many times of requesting the other Couple partner, we (me and my wife) have started the new company with the same line of business (Be as the first company was not closed - We remained director). during these 10 months, we had many incidents where there was no discussion on many matters as partners and business went ahead. I would like a legal advice as I have got a Notice from Breach of Company Act 2006.
    Regards
     
    Posted: Mar 6, 2018 By: Vishwas Toley Member since: Mar 5, 2018
    #1
  2. obscure

    obscure UKBF Ace Free Member

    2,359 533
    You were a Director of a company (A). At the same time you set up a company (B) in the same line of business - in other words a competitor. That would be a breach of your legal obligations to company A as a Director.
     
    Posted: Mar 6, 2018 By: obscure Member since: Jan 18, 2008
    #2
  3. Vishwas Toley

    Vishwas Toley UKBF Newcomer Free Member

    2 0
    Thanks for the reply. We have just started the company. So if we close the company and Resign from the Directorship from Company A. Will that be the solution?
    It is a food company and recipe was owned by us.
     
    Posted: Mar 6, 2018 By: Vishwas Toley Member since: Mar 5, 2018
    #3
  4. Scalloway

    Scalloway UKBF Legend Free Member

    13,685 2,942
    Probably best to get it from a lawyer.
     
    Posted: Mar 6, 2018 By: Scalloway Member since: Jun 6, 2010
    #4
  5. obscure

    obscure UKBF Ace Free Member

    2,359 533
    No probably not.

    1. If you are equal partners then you won't be able to shut down the company without your partners agreements.

    2. You didn't say who sent the notice of breach of the Companies Act 2006, or what exactly the notice said. If it was your partners then I doubt they are going to allow you to just shut the company.

    You need to go and talk to a lawyer as soon as possible.
     
    Posted: Mar 7, 2018 By: obscure Member since: Jan 18, 2008
    #5
  6. KAC

    KAC UKBF Enthusiast Free Member

    914 204
    You have problems because the trade mark is registered in the joint names of VT and PG.

    Whilst you may have resigned as a director of the new company, ST is still a director and you each hold 50% of the issued share capital.

    You definitely need paid for legal advice from a suitably qualified solicitor or it may be worth consulting a well respected member on here @The Resolver His website is here and he offers a free 20 minute telephone consultation. Your case may also be suitable for mediation to reduce legal costs
     
    Posted: Mar 7, 2018 By: KAC Member since: May 7, 2017
    #6