UK Law

Get UK Law Questions Answered by Verified Experts

Ask an Expert,
Get an Answer ASAP!

UK Law
This answer was rated:

I want to resign from a limited company which is virtually

dormant, it never traded. I...
I want to resign from a limited company which is virtually dormant, it never traded. I am the sole director. There is another company which has accused my company of passing off several months ago, we agreed a consent order then that we will not trade with a particular product any more. That was the end of it- we never produced or traded with the product full stp. But, someone else, unknown to me produced a similar product with the same name, and my opponents thought it was me. I explained that I have nothing to do with it , which is absolutely true, and tried to dissolve the company because I did not want the hassle any more. They objected to this fro whatever stupid reason, so I am thinking I should just resign and ignore them. The company has never traded a penny, as they stopped us before we started, has no assets or liabilities. Would I break any laws if I did this , and what are the consequences. Thank you , Zak Bulic
Show More
Show Less
Ask Your Own UK Law Question
Answered in 2 minutes by:
3/28/2013
Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 22,624
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
Verified
Who else is involved in the company?
Ask Your Own UK Law Question
Customer reply replied 4 years ago


Nobody .


 


 

So you in effect want to close it down?
Ask Your Own UK Law Question
Customer reply replied 4 years ago


Yes.


 

If it has never traded it will have no debts so the procedure is relatively straightforward.

No need to pay money to professionals or lawyers, just DiY.

I can do no better than let you have this link which tells you all that you need to know.

http://www.companieshouse.gov.uk/infoAndGuide/windingUpCompany.shtml

 

Can I help further?



Please bear with me today and over any weekends because I will be online
and off-line.

Please don't forget to positively rate my answer service (even if it was not
what you wanted to hear) and I will follow up any further points you raise for
free.

If you don't rate it positively, then the site keep your deposit and I get 0
for my time. It is imperative that you give my answer a positive rating. It
doesn't give me "a pat on the head", "good boy" (like ebay), it is my
livelihood!

If in ratings you feel that you expected more or it only helped a little,
please ask me for further info before rating me negatively otherwise I don't
get paid at all for my time and answer.







Ask Your Own UK Law Question
Customer reply replied 4 years ago


Hi , maybe I didn't make my self clear enough. I know the process for dissolving the company, and I submitted the striking off application which was accepted by Companies house. But my old opponents objected to this , supposedly until THEY are satisfied that I actually have nothing to do with this new product and I haven't in fact breached my previous consent order. I know that I have done nothing wrong ( nothing at all in fact ) , and that they are wasting my time , so I just want to walk away . The question was, in the event of me resigning, and the company is left with no director , are there any possible consequences for me personally in any way , bearing in mind that there is some sort of dispute , or alleged dispute. The company registered office is also only a virtual office ?


I signed a consent order months ago essentially agreeing that I will not trade with a particular product and brand, I have honoured that( in fact I haven't traded with anything ) . Just because they think I know something , or I may be involved, they think I am obliged to help them , and I have no desire to help them at all, I have better things to do . I cant really understand why they are objecting to the striking off as well, because ultimately that kills the competition that they were so concerned about off completely . I cant also see why they think this can force me to cooperate ?

I will opt out for another expert in case they have an idea how to deal with this.

Ask Your Own UK Law Question
Jenny Mackenzie
Category: UK Law
Satisfied Customers: 6,342
Experience: Over 10 years experience in general legal matters
Verified
Hello and welcome to Just Answer, in effect is your question can you be personally liable?
Ask Your Own UK Law Question
Customer reply replied 4 years ago


Yes . If I just resign and walk away knowing that effectively there is a problem ( even though its not caused by me ) , would I have broken any laws in terms of directors responsibility etc .


 


What my opponents are saying is that they would enforce the consent order unless I can tell them who the culprit is - and I don't know. What this means in practise is that they would pursue my company for their legal costs , and demand that I destroy the product etc, which I don't have anyway . As I know that I have done nothing wrong , which I have told them clearly , and I don't know who has produced a product with the same name as the one that we had a court order over ( in Holland even) , can I just resign and walk away . They objected to the company being struck off, but in reality this means nothing to me. If I resign, can they do anything to me , as the consent order was signed by me on behalf of the limited company ( the dispute and all documentation was clearly with the company and me as director, nothing personal ) . I have attached consent order if it helps.


 


Thank you

Attachment: 2013-03-28_174017_copy_of_sealed_consent_order.pdf

There are certain circumstances where a director could become personally liable for company debts, these are in situations such as wrongful trading or insolvency.

As the sole director of the company if you complete form TM01 to resign as a director the company will have to be struck off as, under Uk Law it is not possible for a company to have no director.

The other party may object to the company being struck off to Companies House.

It is the Company that has signed the Consent Order not you personally as a director. Unless you have given a personal guarantee if there is no money in the company then there is little point in them taking action against it.

I would be grateful if you would give my answer a positive rating. I will be happy to answer your follow on questions.

Jenny Mackenzie
Category: UK Law
Satisfied Customers: 6,342
Experience: Over 10 years experience in general legal matters
Verified
Jenny Mackenzie and 87 other UK Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago


Thank you.


In case I need to speak to you further , can I have your contact details, and a summary of your expertise.

Hello I am only allowed to advise on here due to the rules of Just Answer.. Please feel free to request me by name.
Ask Your Own UK Law Question
Ask Jenny Mackenzie Your Own Question
Jenny Mackenzie
Jenny Mackenzie
Jenny Mackenzie
Category: UK Law
Satisfied Customers: 6,342
6,342 Satisfied Customers
Experience: Over 10 years experience in general legal matters

Jenny Mackenzie 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:

Ben Jones

Ben Jones

UK Lawyer

9,163 satisfied customers

Qualified Solicitor - Please start your question with 'For Ben Jones'

INC

INC

Solicitor-Advocate

3,868 satisfied customers

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

Jenny Mackenzie

Jenny Mackenzie

6,342 satisfied customers

Over 10 years experience in general legal matters

Matthew J

Matthew J

Solicitor

334 satisfied customers

4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience

Stuart J

Stuart J

Solicitor

22,624 satisfied customers

PGD Law. 20 years legal profession, 6 as partner in High Street practice

Clare

Clare

Solicitor

9,479 satisfied customers

family solictor with 25 years experience

Thomas

Thomas

Lawyer

2,176 satisfied customers

BA (Hons), PgDip, Practising Solicitor

< Previous | Next >

Related UK Law Questions
Where do I get help to fill in the 6.4 and 6.5 forms to set
where do I get help to fill in the 6.4 and 6.5 forms to set a debt aside? I have no idea what I am doing … read more
Jamie-Law
Jamie-Law
4,910 satisfied customers
II recently applied for my citizenship and did not mention a
II recently applied for my citizenship and did not mention a ccj judgement because I didn't know if I had to disclose it or not … read more
frantzgregory
frantzgregory
601 satisfied customers
My sister in law was dismissed by a local NHS Trust for
My sister in law was dismissed by a local NHS Trust for gross professional misconduct last week. She is planning to appeal but needs to clarify whether the Trust's decision was appropriate. … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,163 satisfied customers
My uncle (deceased) lived in a house belonging to his Mother
My uncle (deceased) lived in a house belonging to his Mother (deceased) for 50 years. My uncle has siblings (deceased) which leave all the Children, I am one of them. The house deeds were never change… read more
Buachaill
Buachaill
Barrister
Master\u0027s Degree
2,820 satisfied customers
I have a cheque from first Texas bank US which is being
I have a cheque from first Texas bank US which is being converted to Uk GBP ! I've been asked for £10000 having already given them £20000. It's from internal revenue monitoring service team. They say … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,163 satisfied customers
The police in. Bournemouth inform me that I will require
The police in. Bournemouth inform me that I will require legal representation for accusations of child abuse of my step daughter from around seventy years ago.i will be resident there in January and a… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,462 satisfied customers
I have received a letter from a debt collection firm
Hi - I have received a letter from a debt collection firm regarding an outstanding parking ticket. The letter and any previous correspondence from the parking company (Premier Park) was sent to the wr… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,462 satisfied customers
Name:**xxxxxx xxxxxx **Contact address:**xxxxx London xxxxx
Name:**xxxxxx xxxxxx **Contact address:**xxxxx London xxxxx **Phone:** 0xxxxxxxxxx **Email:*******@******.*** **Date of birth:**/xxxx **What exactly was said about you and by whom? Please supply as mu… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,462 satisfied customers
Credit card company has sold my debt to a debt collection
credit card company has sold my debt to a debt collection company.They have now agreed to repay my charges but are insisting on paying the third party,even they no longer own the debt,I am negotiating… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,462 satisfied customers
I work for a large local authority and we are in the middle
I work for a large local authority and we are in the middle of an organisational redesign resulting in a reduction in posts. … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,163 satisfied customers
I'm a leaseholder planning to host a friend who owns a small
Hi, I'm a leaseholder planning to host a friend who owns a small dog. My lease says I would need permission from the developer to have a pet, so I've asked them. They replied without justification tha… read more
Michael Holly
Michael Holly
Bachelor\u0027s Degree
6,628 satisfied customers
Do I have to split my assets with husband if we divorce? I
Do I have to split my assets with husband if we divorce? I own 3 properties and they are all in my name which I've worked really hard to buy. The properties are buy to let and we live in rented accomm… read more
ivorylounge
ivorylounge
Bachelor\u0027s Degree
34 satisfied customers
I put my car in for an mot and it failed so they carried out
I put my car in for an mot and it failed so they carried out the work without telling me and they want £180 do i have to pay i told them if it failed i ws going to scrap the car … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,163 satisfied customers
After 6 months and the deposit returned can a Landlord make
After 6 months and the deposit returned can a Landlord make any claims on an ex tenent ? … read more
Jamie-Law
Jamie-Law
4,910 satisfied customers
I've been done speeding 49 in a 30 zone what will I get for
I've been done speeding 49 in a 30 zone what will I get for this has I am on 9 points … read more
Jamie-Law
Jamie-Law
4,910 satisfied customers
I SOLD A BUSINESS IN APRIL 2008 OF WHICH I WAS A DIRECTOR
I SOLD A BUSINESS IN APRIL 2008 OF WHICH I WAS A DIRECTOR AND XXX A DIRECTOR. I WAS NOT AN ACTIVE PERSON IN THE BUSINESS DUE TO DISPUTES WITH MY BUSINESS PARTNER. WE SOLD FOR AN AMOUNT PLUS VAT. WHEN … read more
PTS Law Ltd
PTS Law Ltd
35 years experience English Solicit
1,198 satisfied customers
My late father passed away five yrs ago. On his death his
My late father passed away five yrs ago. On his death his will stated that his live in partner was intitiled to live in the property until she passed away she owned a 7.2% share of the property and th… read more
Aston Lawyer
Aston Lawyer
Head of Residential Property
LLB (HONS)
3,640 satisfied customers
Please can you help me? My grandmother has signed over her
Hello, please can you help me ? My grandmother has signed over her will to my uncle, and not to my father. My uncle said this is because my father is ill and also because my grandmother was going to l… read more
Michael Holly
Michael Holly
Bachelor\u0027s Degree
6,628 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