Re: Struck off as a director
Have you any idea how inconvenient it is to get a partner to set up a business for you? All that form filling and stuff.
The cash-splashing director of a nuisance call biz has been struck off for 12 years after breaking telemarketing rules and trading while insolvent. Tony Abbott was the sole director of Reactiv Media, based in England, which used its large database of UK customers to make unsolicited direct marketing calls for a range of …
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"Have you any idea how inconvenient it is to get a partner to set up a business for you? All that form filling and stuff."
That may be, but there's definitely some on here who do such a thing to avoid paying costs they owe. One such reader on this forum has a company that owns nothing, everything is rented from another company a family member of their's owns. So when you go after them for money, well it's all set up to give creditors nothing.
AC for obvious reasons.
"One such reader on this forum has a company that owns nothing, everything is rented from another company a family member of their's owns."
If you can prove that (and the business connections) then you can probably have a stab at recovery (and HMRC would probably be interested too)
"If you can prove that (and the business connections) then you can probably have a stab at recovery (and HMRC would probably be interested too)"
HMRC were informed about it (amongst other things), but I heard nothing more about it. Not that I'm bothered by it any more. Karma's a powerful thing.
"Have you any idea how inconvenient it is to get a partner to set up a business for you?"
It's not an area of company law that ever impinged on my activities but might using 3rd party directors actually be included in the ban given, I assume, that beneficial ownership could be proved?
"Have you any idea how inconvenient it is to get a partner to set up a business for you? All that form filling and stuff."
Have you any idea how illegal that is on both sides? You can be prosecuted, imprisoned and become personally liable for the company’s debts if you carry out company business on the instructions of someone who’s disqualified.
Not even that.
Watch out for any new unlimited liability partnerships being set up.* He sounds dodgy as f**k. Very much a "What's mine is mine, what's yours is mine, and what I own is still mine" mentality.
You'd be pretty stupid to be a supplier to this guy. Guaranteed he wont' pay o time to start with.
*This used to be the legal form for doctors, lawyers and accounts practices but new ones are limited liability. They are simply obsolete. Unless you want to be scrutiny or can't be in charge of any other business legally.
Indeed.
I once had a letter from HMRC asking what I was doing for four months because they'd not had any contributions on my behalf for that time. I assumed at the time it was a mistake rather than anything sinister, and I never heard anything more about it, but maybe that was a mistake...
@Zippy
They probably investigated you without you knowing by checking your bank accounts, credit cards, mobile phone movements, passport records, loyalty cards, Internet records etc. They probably decided that all that p*****b traffic during the day pretty much meant you where not earning at the time.
...as the firm received "unjustified grant funds" of £38,326 from Leeds City Region Enterprise Partnership, after Abbott provided inaccurate information....
...to the illegal activity called 'fraud'. Fraud attracts a criminal charge, and if found guilty, you could be imprisoned for some considerable time.
I wonder why there's no mention of fraud amongst these alleged misdeeds?
"I wonder why there's no mention of fraud amongst these alleged misdeeds?"
That happens later.
The thing about criminal/illegal activities is that they seldom happen as an isolated item. (and that's why stopping a car on fake plates might catch you a Yorkshire Ripper)
As someone who's currently pursuing a well-known fly-by-night who goes under several variations of name and a wide selection of addresses, I have to say that striking off will have bugger-all effect. Following a long and tiresome discussion with Companies House, they actually admitted that they don't actually check registrants out in enough detail to actually stop false/dubious registrations. It largely relies on people being honest and truthful, which is why we're in the mess we're in right now.
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Getting your mate to open a company is a nice idea, but if you get caught, you're just as guilty as it you set up the company yourself. The Company Directors Disqualification Act 1986 says that someone who has had an order made against him
"shall not be a director of a company, act as receiver of a company’s property or in any way, whether directly or indirectly, be concerned or take part in the promotion, formation or management of a company".
The big problem, as mentioned above, is the fact that no one is responsible for checking on disqualified directors to make sure they're complying (checking company registrations would be pointless if the disqualified director was not on the application, which is nearly always the case). When they do get caught though, they invariably go to prison, max sentence 2 years and a fine. One I know of last year got 18 months.
As for AC above whose friend's company owns nothing, if his friend really thinks that will stop his creditors getting hold of his assets, he's an idiot. There are many ways to pursue such companies and their directors (real or shadow) and it's a rare case when they get away without losing considerably more than their debts when the costs have to be paid as well.