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JGM, Solicitor
Category: Scots Law
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Experience:  28 years as a practising solicitor.
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My Aunt owned 50% of the shares in a company 4 years prior

Resolved Question:

My Aunt owned 50% of the shares in a company 4 years prior to her divorce.

The ownership of the company was not included in the terms of the separation agreement. After a search on companies house is appears that at the time of the divorce, my Aunts shares were transferred over to my Uncle.

My Aunt does not recall agreeing to any transfer. She believes her signature must have been forged. How would she go about getting copies of the documents used to effect the transfer?

All of this occurred in Scotland.
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.

The document you are looking for is a share transfer form. This will be held with the company's books and would not have been lodged with Companies House. She would have to get a court order against the company for delivery of the document.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 1 year ago.

Thanks JGM.


 


How would she go about getting a court order? Under what grounds?
Is getting a court order a simple process or something usually handled be a solicitor?

Expert:  JGM replied 1 year ago.
She would need a solicitor.

The application could be made under statue. There is a provision which enables a party contemplating proceedings to apply to the court for an order allowing an officer of court to search and seize evidence if there is any danger that the evidence might go missing.

In short the court allows a "raid" of the business premises. No warning is given and the sheriff officers and usually a senior lawyer, called a commissioner, turn up and search for the documentation.

It is expensive in terms of fees and outlays. Your aunt would have be clear that the value of the potential claim is high enough to justify the means as this procedure is only the preliminary to the raising of court proceedings and would cost easily three to five thousand pounds depending on time taken, distance travelled etc.

I hope this helps.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 7904
Experience: 28 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you

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JGM
JGM
Solicitor
5214 Satisfied Customers
28 years as a practising solicitor.