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

I am a co-Director of...
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.
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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?
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Customer reply replied 7 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 7 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

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Customer reply replied 7 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 7 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.

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Customer reply replied 7 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.

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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

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Customer reply replied 7 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
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Customer reply replied 7 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.
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Category: UK Family Law
Satisfied Customers: 26,070
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Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice

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