Accounting for RMC

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  • SHill
    replied
    I agree with Eagle 2 - As Director I am complying with the Companies Act 2006 to act in the best interests of the Company.

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  • eagle2
    replied
    If you were filing a false document, I would agree, however, you are not and there is a greater risk of being personally responsible for the ongoing penalties which are being incurred. You are acting consistently with your claim that the previous officers of the Company could and should have filed statutory accounts.

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  • Section20z
    replied
    I'd be very wary of filing a false financial instrument particularly with the revelations about the other parties

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  • SHill
    replied
    [QUOTE=eagle2;n1164773]I I can send you a PDF by private message if you wish..

    Thank you that would be useful.

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  • Starlane
    replied
    SHill,

    How can you become appointed as a director if the majority of members don't agree and have not voted you in as a director at an AGM?

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  • eagle2
    replied
    I agree, the actual numbers are contained on page 3, confusingly numbered 1. I can send you a PDF by private message if you wish..

    The online filing is quite simple, there are a series of questions to answer and you complete the numbers. It automatically fills in the totals and there are various checks built in to avoid errors. It allows you to check the information before you submit for filing.

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  • SHill
    replied
    #93 Eagle 2
    "see page 4 (actually numbered 2). It is hardly onerous, you are only confirming 2 figures which are unchanged."


    1. I have been onto the Companies House site and opened the pdf of the 2017 accounts to checkout page 4 (numbered page 2) and there are no figures! It is titled "Balance Sheet (continued) as at 31 December 2017"
    and below that the name of the Directors and the company Registration number.

    2. The Download version would not open because I don't have the application to open it apparently.

    3. Do I need to start the process "File your company accounts" before I can see the 2 figures that you refer to.

    4. What column are the 2 figures that will be unchanged itemised under?

    5.I am nervous to start the online process of "File your company accounts" before I know what I am doing so I don't file anything incorrectly.

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  • eagle2
    replied
    The close relationship between the trouble makers hasn't got them very far to date, you seem to be winning most of the battles.There doesn't seem to be any need for you to join a secret society yet.

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  • eagle2
    replied
    Originally posted by SHill View Post
    1. Because I have a duty to file accounts with Companies House to avoid ongoing fines and to keep costs under control do you think if I approach another accountant they will use the last set of accounts and amend the dates as you suggest. Will Companies House accept this.

    2. Another accountant will probably not want to get involved when they are aware of the dispute.
    The accountant I have appointed will not act until the dispute is over.

    3. Is there a contact number for ICAEW. The previous accountant has given me a case number and name who he spoke to but, on the site there is no contact number for non members to call. It appears only members have access.

    4. If I submitted the accounts as you suggest. Would I be breaching any accounting rules or regulations.
    1 You do not need an accountant to prepare statutory accounts, if you look at the last set of accounts which were filed, there was no mention of an accountant and no accountant's report. Companies House will accept anything as long as it is signed by a director, see page 4 (actually numbered 2). It is hardly onerous, you are only confirming 2 figures which are unchanged.
    2 You may be able to find an unqualified accountant to act but there could be difficulty with no accounting information available. You would need to sign a letter confirming that you accept responsibility for the accounts anyway, so I cannot see the point of paying any extra cost.
    3 01908 248 100
    4 No

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  • eagle2
    replied
    Originally posted by SHill View Post
    Thank you
    1. What happens when the late filing penalties are triggered. How long is the Company given to pay them?
    2. What happens if the Company does not pay them or can’t pay them immediately.
    3. I will need to make a claim to court to recover the costs incurred (penalties) and make the previous Directors and husband liable. That will take months some times years to get an order from the court and the money.
    4. These Tribunal proceedings have already taken nearly three years! And we are no where near a conclusion.
    5. The executor of the deceased shareholder is the husband !! How do I find out who the solicitor is who would be dealing with probate?
    1 All I can find is that the date for payment is stated on the demand
    2 You can try to appeal against the penalty but there are limited grounds or you can request payment in instalments
    3-5 I would ask the manager to pay and she can then take steps to recover amounts. Did she not seek to recover company expenses?

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  • SHill
    replied
    Another issue that is making this whole matter an impossible task to sort out is … the husband, the accountant and the solicitor (masquerading as Company Secretary and acting as Proxy) are all Freemasons!

    A freemason’s oath holds inevitably the implication that loyalty to fellow freemasons may supersede any other loyalty even the rule of law.


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  • SHill
    replied
    1. Because I have a duty to file accounts with Companies House to avoid ongoing fines and to keep costs under control do you think if I approach another accountant they will use the last set of accounts and amend the dates as you suggest. Will Companies House accept this.

    2. Another accountant will probably not want to get involved when they are aware of the dispute.
    The accountant I have appointed will not act until the dispute is over.

    3. Is there a contact number for ICAEW. The previous accountant has given me a case number and name who he spoke to but, on the site there is no contact number for non members to call. It appears only members have access.

    4. If I submitted the accounts as you suggest. Would I be breaching any accounting rules or regulations.

    Leave a comment:


  • SHill
    replied
    Thank you
    1. What happens when the late filing penalties are triggered. How long is the Company given to pay them?
    2. What happens if the Company does not pay them or can’t pay them immediately.
    3. I will need to make a claim to court to recover the costs incurred (penalties) and make the previous Directors and husband liable. That will take months some times years to get an order from the court and the money.
    4. These Tribunal proceedings have already taken nearly three years! And we are no where near a conclusion.
    5. The executor of the deceased shareholder is the husband !! How do I find out who the solicitor is who would be dealing with probate?

    Leave a comment:


  • eagle2
    replied
    The ICAEW appears to be stating that the accountant should take a neutral position and not become involved in any dispute. So the accountant should be giving similar advice to the other leaseholders. It tells you that there is no point complaining to the ICAEW at this stage.

    You could ask for proof that the accountant has been instructed by 75% of the shareholders. I suspect that the solicitor has informed the accountant that he represents 75% of members. You would need to contact the executor or the representatives of the deceased shareholder to consider whether or not that is correct.

    You could ask why the accountant is changing his stance but I suspect that you will receive a reply which will take you no further. He is likely to say that the circumstances have changed or that he is following advice from ICAEW.

    The accountant has stated that he has received instructions forbidding him to pass across information, which you can use to your advantage in any legal proceedings, you are being obstructed from carrying out your duties.

    The Company could apply to the Tribunal and seek an order requiring the accountant to relase information which he holds. It would be better if the manager made the application or supported your application.

    The manager should be seeking information, in particular details of all movements in the bank balance since the last known amount. She should be enquiring about the sum of £28,02. What does that represent, is it supposed to be the entire balance of trust monies held? Do you know whether or not she is taking any action or is she simply saying that she will only deal with matters after the date of her appointment?

    If you can demonstrate that £30,000 appears to have gone missing, that would be a good argument to use before the FTT or in any legal action. Based on your previous comments, I suspect that other leaseholders have not been charged anything and any payments made by you have been used to pay the agent and repay the "loans" from the previous directors,

    No qualified accountant is likely to accept an appointment without professional clearance from the previous accountant and any services would be limited if information is not being released. You have a duty to file accounts with Companies House, avoid ongoing fines and keep costs under control so I cannot see that you have any option but to use the last set of accounts and amend the dates. The statutory accounts contain little information and I cannot see how you can be criticised for acting in the interests of the Company and its members.

    Trying to second guess what the troublemakers will do next is almost impossible. You can assume that they have contacted Companies House and they have probably received the same advice to resolve any dispute through the courts. They could take legal action or apply under s303 but both require their acceptance that you have been appointed a director, They could ignore you and try to hold their own meeting as though they remain in control but you can respond by saying that you will not accept an unofficial meeting. The longer they leave it, the stronger your position.

    I think that you are a PSC as long as you are a director, The shareholder with 50% of the votes also appears to be a PSC.

    Leave a comment:


  • SHill
    replied


    The Accountant said in an email....

    " I also note you have placed yourself as the person(s) of significant control at Companies House and this is also incorrect."

    Is he correct?

    Leave a comment:

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