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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: UK Employment Law
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Hello, I hold 49% shares and directorship in a company which

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Hello,
I hold 49% shares and directorship in a company which I started initially on my own then gave 50% to my husband. He immediately made it a Ltd company registering it with Companies House with him owning 51%. (the registration he did off his own back online using my "electronic" signature.)
I have come to terms with this as he does do all the work now. My health was ruined in the building of my company so i can no longer work.
However, I am concerned he could do the same at any time and effectively electronically remove me from the company. I have studied Companies House and it's all done online now.
I am denied access to company emails etc etc and he has shown me a piece of paper with our shares written on it but I haven't signed anything.
Am not so worried about the directorship part but need to secure my shares.
Can you help?
Hello,

You already have your 49% shareholding in the Company, if your husband used your e-signature without your consent, that would amount to fraud and you could get the police involved against him and you should make this clear to him so that he knows.

You can also report to Companies House if anything is done which you have not approved of.

Hope this helps
Customer: replied 3 years ago.

I knew what he did was wrong but I am not going to pursue this unless he does it again. I have put in place an 'alert' device to let me know ANYTHING that occurs on our company via Companies House.


 


However, in what way my shares protected? He is using his own accountant......


Shouldn't there be some legal document/requisite to categorically prove these shares are mine?


Where is this information held?

You could have a share certificate in your name showing the number of shares you hold and the company name, you need to discuss this with your husband so that both of you each hold a share certificate for your respective shares.

Other than that and the alert, not much you can do to pre-empt your husband acting fraudulently.

All the best -please leave feedback
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Customer: replied 3 years ago.

I have just looked up share certificates and it states that there is a two month time limit after registration in which to sign them. August was the date in our case.


Can we get round this as I am determined to have something legal, even an agreement drawn up by a lawyer?

The share certificates can still be made up, it doesn't matter as they are for your personal records only and don't need to be sent to Companies House.

e.g. see here: www.henderson-accountants.co.uk/ShareCertificate.doc

You may also get a lawyer to draw up a shareholders agreement between you and your husband setting out your respective shareholdings and rights and duties towards each other.

That is beyond the scope of this site.

Good luck
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