- Original Poster
- #1
This query relates to company insolvency and the director's redundancy claim service (RPS).
I am the sole remaining director of a tech company that ceased trading last July, a CVL was begun with an insolvency practitioner who eventually instigated winding up proceedings mid-December last. Their fees were to be met out of my directors redundancy RPS claim. Due to a misunderstanding and other delays my RPS claim (RP1 form) was not submitted within the six month allowed timeframe from when they first requested the RPS number from the redundancy service.
The insolvency practitioner who advises on RPS claims advised me to state on the claim form that I was still employed by my company up until the 17th December point they initiated winding up. This would allow my claim to remain within the six month claim limit period. Although obviously I had not been paid anything since the company ceased trading months before.
However I have now received an email from [email protected] with an attached form for me to sign stating that I/ the company have paid myself below the National Minimum wage Act 1998, and that by signing the form; "RPS will refer details of my redundancy claim to HM Revenue and Customs due to a breach of the National Minimum Wage Act 1998, for the purposes of enforcement and recovery action as they deem appropriate, and also the Insolvency Services’ Investigation and Enforcement department.
Before signing this form I need to understand what personal liabilities if any could stem from this, and whether, given that it is a limited company no longer trading that this limits any liabilities upon me. Not signing the form however results in their dropping the claim altogether.
I am the sole remaining director of a tech company that ceased trading last July, a CVL was begun with an insolvency practitioner who eventually instigated winding up proceedings mid-December last. Their fees were to be met out of my directors redundancy RPS claim. Due to a misunderstanding and other delays my RPS claim (RP1 form) was not submitted within the six month allowed timeframe from when they first requested the RPS number from the redundancy service.
The insolvency practitioner who advises on RPS claims advised me to state on the claim form that I was still employed by my company up until the 17th December point they initiated winding up. This would allow my claim to remain within the six month claim limit period. Although obviously I had not been paid anything since the company ceased trading months before.
However I have now received an email from [email protected] with an attached form for me to sign stating that I/ the company have paid myself below the National Minimum wage Act 1998, and that by signing the form; "RPS will refer details of my redundancy claim to HM Revenue and Customs due to a breach of the National Minimum Wage Act 1998, for the purposes of enforcement and recovery action as they deem appropriate, and also the Insolvency Services’ Investigation and Enforcement department.
Before signing this form I need to understand what personal liabilities if any could stem from this, and whether, given that it is a limited company no longer trading that this limits any liabilities upon me. Not signing the form however results in their dropping the claim altogether.
