UK Family Law

UK Family Law Questions Answered by Verified Experts

Ask an Expert,
Get an Answer ASAP!

UK Family Law
This answer was rated:

I am a co-Director of a Trust Management Company and am a

director of the company and...
I am a co-Director of a Trust Management Company and am a director of the company and was a 50 50 shareholder owning 50 £1 paid shares in the company is and was my brother. My brother changed the share capital in the company to there only being one unpaid share worth £1 without my knowledge or consent and by doing so has presumably fraudulently given himself complete control over the assets that are managed by the company, which are £220k in cash and the family home which is worth over £1m. What should I do? Please help. I do have the Articles of Association of the company, MPK management Ltd, and the information about the change to the share capital is available online on the Companies House website. I do not know where £200k of the £220k is at the moment and do not know where the beneficial ownership of the house resides either. The Title Deeds to the house at the moment reside with the family solicitor who is under instruction by me not to do anything with them for the time being. If this is a matter that comes under Clare's expertise then please could she deal with this question because she knows the background to the situation from having answered a question (very well) for me before.
Show More
Show Less
Ask Your Own UK Family Law Question
Answered in 23 hours by:
9/18/2017
Joshua
Joshua, Lawyer
Category: UK Family Law
Satisfied Customers: 26,070
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Verified

Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

  1. I am sorry to read of the above. May I confirm if you you have obtained the fillings your brother has made with CH? Do you know which form(s) he submitted?
  2. I assume you have not signed any special resolutions of CH documents yourself - e.g. he asked you to sign something without your reading it?
Ask Your Own UK Family Law Question
Customer reply replied 4 months ago
Hi Joshua and many thanks for being happy to assist me.
1. If by 'filings' you mean copies of the actual documents submitted to Companies House the answer is no. All I have by way of proof is the actual documents available to view on the Companies House website - it was all done without my knowledge or consent and2. no I absolutely have not signed any special resolutions of CH documents at all.One other point worthy of note that I have been reliably informed by a solicitor friend constitutes fraud is that the latest Accounts for the company, MPK Management Ltd, dated 01/09/17, were "approved by the Board on 01/09/17 and signed on their behalf by Benjamin John Kendrick". I am Benjamin John Kendrick and I had no knowledge of the submission of the latest accounts until I spotted the document on the Companies House website - in other words my brother has submitted the Accounts and made out that it is me who submitted them which I most certainly did not (I had no knowledge of it having happened until spotting it on the Companies House website and did not sign anything either).
Customer reply replied 4 months ago
I would prefer to communicate in writing thank you because I need to be able to accurately relay the outcome of our discussion to others helping me in this matter.

Thank you. The first step would be to obtain copies of the submissions he has made to Companies House. Many documents are now available for free but the above will cost £1 to obtain. You can obtain them near instantly using the following service using a card for payment:

http://wck2.companieshouse.gov.uk//wcframe?name=accessCompanyInfo

I assume he will have had to file a statement of capital reduction form to do as you say. Whatever he has filed the reduction in share capital will normally require a special resolution of the shareholders prioer to reduction unless your company articles provide differently which would be very unusual. A special resolution requires a 75% majority normally (again unless your articles provide differently). Accordingly whatever he has done is unlikely to be legal without your agreement.

In the first instancce you would typically contact your brother and ask for clarification on the submissions made to Companies House and ask hi for a copy of the special resolutions which underpin his submissions which based on what you say he will be unable to provide. Invite him to immediately correct the statement of capital and failing which you may wish to call a board meeting in order rectify the issues. You may also wish to put him on notice that you reserve your rights entirely in respect of any loss you suffer in respect of any negligence or fraud on his part and subject to his responses, may need to involve the police though you could add at this point you would wish to avoid this approach.

Depending upon his responses it may be you are willing to resolve the matter by corrective resolutions and submissions to companies house or you may wish to a) involve the police if he has forged fflase resolutions or company minutes and or submitted false documents to CH. You may also need to consider making corrective entries at CH as director. It is possible depending upon the results of your investigations that yo may need a court rectification order though at this point you may be able to deal with the matter without the same. You may need to consider appointing a company loaw solicitor to assist you if there is a deliberate attempt to defaud you underway. Given the amounts involved it is likely that you would have a claim for costs in respect of the solicitors involvement.

Does the above answer all your questions? If it does, I should be very grateful if you would kindly take a moment to click a rating for my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

Ask Your Own UK Family Law Question
Customer reply replied 4 months ago
Thank you very much. I would like to keep the dialog going for a little while please so I can run what has been said by a (financial expert) friend and get his feedback - I may need to ask for a little more response from you. I will contact him immediately and will be back in touch as soon as I can with any feedback. You have been very helpful already and I assure you that will be most generous in my rating of you. I will be in touch within 24 hours from now...
Customer reply replied 4 months ago
Sorry - slight typo in the last message - it should have read: Thank you very much. I would like to keep the dialog going for a little while please so I can run what has been said by a (financial expert) friend and get his feedback - I may need to ask for a little more response from you. I will contact him immediately and will be back in touch as soon as I can with any feedback. You have been very helpful already and I assure you that I will be most generous in my rating of you. I will be in touch within 24 hours from now...

Yes of course. Please do. I look forward to hearing from you further.

Ask Your Own UK Family Law Question
Customer reply replied 4 months ago
Sorry I did not get back to you before - I will need one more day to speak to everyone I need to (my financial expert friend has suggested I briefly speak to somebody else and he is not available until tomorrow) and I will either close your and my communication straight after that or relay back to you the last of any queries on this matter. I am already very satisfied with the response you have provided. Until tomorrow...

No problem at all. Thank yu for keeping me informed.

Ask Your Own UK Family Law Question

I'm just following up on our above conversation. I hope the above was of some assistance. Please let me know if you have any further queries. If you have a moment I should be very grateful if you would kindly take a moment to click a rating to rate my service or alternatively just provide some brief feedback so I know if I was able to help. I'd be most grateful. All the best

Ask Your Own UK Family Law Question
Customer reply replied 3 months ago
Please forgive me Joshua - I have tried to contact the person I mentioned and have been unable to do so due to his then hitherto unforeseen professional commitments and am assured he will make time tomorrow (Friday). Please bear with me - I WILL NOT LET YOU DOWN!

No problem

Joshua
Joshua, Lawyer
Category: UK Family Law
Satisfied Customers: 26,070
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Verified
Joshua and 87 other UK Family Law Specialists are ready to help you
Ask your own question now
Customer reply replied 3 months ago
Hi Joshua - I have spoken to the man and there are no further points to put to you. I am closing the inquiry and would like to say thank you very much - you have been extremely helpful and I will be back in touch soon if needs be with a fresh question.
Bye for now - Ben.
This answer is protected
Would you like to ask this question?
If you've already paid for this answer, simply Login.
Ask Joshua Your Own Question
Joshua
Joshua
Joshua, Lawyer
Category: UK Family Law
Satisfied Customers: 26,070
26,070 Satisfied Customers
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice

Joshua is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Clare

Clare

Family Solicitor

13,489 satisfied customers

25 years experience of all aspects of family law

jusleen

jusleen

Family Lawyer

627 satisfied customers

Qualified Family Solicitor practising family law since 1999. Member of resolution.

Thomas

Thomas

Solicitor

409 satisfied customers

BA (Hons), PgDip, Practising Solicitor

Joanne B

Joanne B

Family Solicitor

405 satisfied customers

Qualified 1999 with over 12 years experience in Family Law.

UKfamsol

UKfamsol

Solicitor

318 satisfied customers

Woman solicitor, qualified in 1994, specialist in family law, accredited with Resolution

INC

INC

Solicitor-Advocate

179 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

Kasare

Kasare

Solicitor

174 satisfied customers

LLB (Hons)

< Previous | Next >

Related UK Family Law Questions
For JGM only UPDATE I have now found new solicitors and they
for JGM onlyUPDATEI have now found new solicitors and they have taken on both cases, divorce and contactHowever they stressed that the legal aid certificate for contact may have problems being transfe… read more
JGM
JGM
Solicitor
Bachelor\u0027s Degree
6,701 satisfied customers
Do I have to go through mediation to resolve a separation
Do I have to go through mediation to resolve a separation before a judge can have have a say. In other words, can mediation be skipped and move straight to court or is mediation a compulsory step in s… read more
Clare
Clare
Family Solicitor
Bachelor's Degree
13,489 satisfied customers
Attn of JGM only To update you Livingstone Glasgow lawyers
Attn of JGM onlyTo update you Livingstone brown Glasgow lawyers have decided to take the divorce action on but not my contact case. Do you think I will manage to instruct their lawyers for my contact … read more
JGM
JGM
Solicitor
Bachelor\u0027s Degree
6,701 satisfied customers
I would like to ask you about divorcing process. Me and my
Hello I would like to ask you about divorcing process. … read more
Clare
Clare
Family Solicitor
Bachelor's Degree
13,489 satisfied customers
My wife called police and reported me for a assault my 6year
Hi my wife called police and reported me for a assault my 6year old some was present … read more
Clare
Clare
Family Solicitor
Bachelor's Degree
13,489 satisfied customers
Attn of JGM ONLY did you receive the 2 interlocutors that I
Attn of JGM ONLYhi did you receive the 2 interlocutors that I sent you ?was I right that the case has been overturned and returned to lord brailsford for a proof ?or can I ask my new solicitors if the… read more
JGM
JGM
Solicitor
Bachelor\u0027s Degree
6,701 satisfied customers
A friend of mine inherited four boxes of gold ingots from
A friend of mine inherited four boxes of gold ingots from her father's estate. He lived in the UK. My friend is from Texas, but is in London right now working with her father's attorney. She asked me … read more
Ben Jones
Ben Jones
Solicitor
Legal Practice Course
1,512 satisfied customers
How do I apply for sole custody of my child. United Kingdom.
No not yet. It is something I am beginning to think about … read more
Clare
Clare
Family Solicitor
Bachelor's Degree
13,489 satisfied customers
I suffer from mental health got my ex arrested for
i suffer from mental health got my ex arrested for harresment when going threw a episode and have now dropped charges and filled in a mg11 to stop all proceeedings does that mean they will drop it as … read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,608 satisfied customers
Attn of JGM only Since seeing possible new solicitors on 21
Attn of JGM onlySince seeing possible new solicitors on 21 Dec I still await their decision albeit they have sent me an email saying the previous solicitors comments on my case will not help that you … read more
JGM
JGM
Solicitor
Bachelor\u0027s Degree
6,701 satisfied customers
My ex partner is refusing to let me have my belongings many
My ex partner is refusing to let me have my belongings many of which are expensive to replace. I have receipts for many items and photos of other items which I had before moving in with him. What are … read more
Clare
Clare
Family Solicitor
Bachelor's Degree
13,489 satisfied customers
Does a parent have to apply to the same court that gave a
Does a parent have to apply to the same court that gave a SGO to revoke or change it … read more
Clare
Clare
Family Solicitor
Bachelor's Degree
13,489 satisfied customers
My separated daughter-in-law has reported me to the police
My separated daughter-in-law has reported me to the police because she had a bruise on her upper left arm when I returned the child to her mother. The child has told her that I pinched her! I took hol… read more
ivorylounge
ivorylounge
Bachelor\u0027s Degree
38 satisfied customers
I am joint owner of a property in spain and hearbreakingly
I am joint owner of a property in spain and hearbreakingly my partner died in November. There is no mortgage on the property … read more
Nick H
Nick H
LLB
123 satisfied customers
I am one of two executors of my late mothers estate, but &#
I am one of two executors of my late mother's estate, but only I hold the Grant of Probate. I wish to make a Deed of Variation to my legacy only (leaving all other legacies intact), and wish to pass £… read more
TonyTax
TonyTax
Tax Consultant
High School or GED
8,887 satisfied customers
Me and my husband are Polish citizens living in England for
Hi Me and my husband are Polish citizens living in England for over 5 years now. I'm willing to divorce my husband, we got married in Poland over 3 years ago. We have one child 2. 5 years old and one … read more
ivorylounge
ivorylounge
Bachelor\u0027s Degree
38 satisfied customers
II am a British citizen. I got married in Morocco in Jan
II am a British citizen. I got married in Morocco in Jan 2017. She is still there in morocco and now we want to divorce. Do i have to divorce her through the UK courts or will a moroccan divorce be al… read more
Clare
Clare
Family Solicitor
Bachelor's Degree
13,489 satisfied customers
My question relates to the topic of stalking and harassment
My question relates to the topic of stalking and harassment both related to domestic. Although it is very clear for me but is a new type and difficult to make understand, I will try my best to explain… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,608 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x