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I was a director in a company and my accountant and fellow…

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I was a director...

I was a director in a company and my accountant and fellow director removed me without my knowledge. I continued to work for this company for another 4 months until I got a email from my accountant basically telling me I owed the company money in loans. At the same time this accountant was supposedly doing work on my individual tax returns . He firstly put my tax return as a loan for the full amount for the year then changed this to a payg once I engadef a lawyer. I basically wanted to know if this accountant is allowed to do this or as soon as he helped removed me as a director should I have informed. Thanks

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Western australia

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time the company was basically a 2 man band and we did plumbing work we had been together for 6 years prior to this.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

This accountant is claiming work he did on my tax returns and other stuff but all he says is viewing this and part preparing that but no work was ever shown thanks

Submitted: 10 months ago.Category: Australia Law
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Answered in 27 minutes by:
9/26/2017
Solicitor: Leon, Solicitor replied 10 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,898
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

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Solicitor: Leon, Solicitor replied 10 months ago

Good Afternoon,

if the accountant is undertaking your own personal income tax returns, he can only act under your instructions. If he has done something that you have not instructed him to do then he may be liable if it costs you money.

In relation to you being removed as a director, you need to look at the constitution of the company. If there is a meeting of other directors, and there is a quorum, they are able to remove you was a director but generally they should be notification of an agenda.

The constitution of the company is what will determine whether their actions are legal or not. If you do not have a copy of the constitution then you are going to have to try and obtain one.

The account was entitled to charge you the work that he is undertaken on your personal tax returns that has to be able to substantiate his work.

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. If there is nothing further thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards
Leon

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Customer reply replied 10 months ago
I know all this I wa basically asking these questions because I continued working and no one told me and in the end got no money. All I wanted really to know is should he of informed me.
Solicitor: Leon, Solicitor replied 10 months ago

Good Afternoon

You should have been informed that you are no longer a director. But it makes no difference on whether you should be paid. If you continue to work after they made the decision to remove you was a director you are entitled to your payment. If they refuse to pay you you have a right to commence proceedings to recover the money for the period that you were not paid.

They cannot argue that you were not a director and therefore you should not be paid.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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