Doing your own Accounts - Director

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90210

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[font=&quot]Hi All I am enquiring on behalf of a friend who seems to be in deep s@@@ with his Company. He is a Company Director along with five others, he receives a Salary but has not been getting any Dividends for the last three years as they are trying to freeze him out (family business).

He told me yesterday that for 2002,03 and 04 he underpaid his tax for each year as he started to go onto the OA Pension.

Now he has to pay the Company back a large sum of money for Tax , the Limited Company never has AGM's, meetings everything is admin by 2 Directors who also deal with the Company Accounts.

Question: Could my friend declare his own accounts for each himself by using his own accountant?

Question: Does he have a legal right to access his Company accounts as he has written to the Accountants on numerous occasions without a response?

He is a Director but receiving a Salary, and never gets a wage slip. I know it sounds Irish but could anyone advise me here.

They tried to get him to leave some time years ago without a lump sum or pay off and he bascially to them to ##### off.
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Looks like there is a lot wrong here

e.g.

[broken link removed]

extract :

"..........2.3 Annual reports and accounts, general meetings and Companies Acts returns :

Each year the directors of a company are required to lay before the annual
general meeting of the company a profit and loss account and balance sheet in respect of the company......"

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"receiving a Salary, and never gets a wage slip" .......does he get a P.60 ?

-----------------------------------------------------------------------

I would suggest that your friend consult an experienced accountant
 
Yes i know there is a great deal wrong with the Company as regards Company Law , An experienced accountant would give me the best advice but just trying to pry at the AAM Posters.

He sends his P6O to the Company accountant each year , This situation will culminate into an issue over the Company Secretary's and MD's authority and ability to run the Company which they have proved that they cannot do.

But it one thing to deal with your fellow Directors and take an action opposed to fellow family members.
 
Is there any other way to acquire the Full Company Accounts other than going to their Auditors or Accountants e.g any Government Body ?
 
I honestly don't think that this sort of query (which involves both technical points of law and what seems to be a complex family dispute) is at all suitable for publication on Askaboutmoney, or anywhere else on the web for that matter.

The details you have posted are quite specific and unless you have changed some of them to disguise this person's identity, you may have inadvertently identified him and possibly prejudiced his case against his fellow directors. If that is the case you should either delete or amend your post(s).
 
I think i have been as Ambiguous as is required , much is the nature of AAM that we quite often talk about technical, financial and/or legal issues.
However i will edit some of the posts to keep yu at ease Moderator.
 
Hi 90210


Ubi is trying to protect your friend rather than put himself at ease.

These details are so extrordinary that you are in grave danger of identifying your friend to his fellow shareholders/employers. If you have edited the details, then the answers might not be much use to you.

Your friend can go to the Director of Corporate Enforcement who may investigate the company and force them to give accounts to the shareholders.

There is complex legislation in place to protect minority shareholders from what is known as "oppression". But that requires High Court proceedings which will be slow and expensive.

The question you raise about doing his own accounts makes no sense to me. Why did he underpay? Through fraud? Through an error?

I would tell your friend to talk to a solicitor in the first place.

Brendan
 
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