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Help! XH has me down as his Company Secretary and I had NO idea... how do I fix this?

(9 Posts)
Celibacyisnotforme Sun 31-Jul-11 15:27:54

Just checked my Experian report and was shocked to see I've been down as a Company Secretary since 7th Jan this year! I NEVER agreed to this - his financial track record is so, so shit I would not, in a million years, or for a million pounds, agree to take this on. He's also used my address as the registered address of the company, even though he has not lived here for a long time...

It's just the sort of nasty thing he'd do... make me liable for his failure of a business to "get me back" for divorcing him... even though he was violent, abusive, thieving etc etc... The day my decree Absolute came through was one of the happiest ever, and yet it seems I am still not free... sad

What worries me is that I found the below about the liabilities of a Company Secretary -

"What are the potential liabilities?

You could incur fines or even criminal charges for failure to file the Annual Return. You could, potentially, be disqualified , prosecuted or made liable for company debts if the law is broken. You could be subject to criminal proceedings, if the company trades fraudulently, or if company funds are misappropriated. If you are also a director, you could be held personally liable for the company's debts, if there has been wrongful trading. Failure to ensure that the directors are acting properly in the conduct of the business could leave you with personal responsibility for its debts."

This is EXACTLY what he has done - taken the investor's 80k and spent it on new cars for himself, Macbook Airs, etc and its all gone with nothing to show for it... angry

So what do I do? I've completed the "termination of Company Secretary" form from the companieshouse.gov.uk site, and included a letter explaining the situation and asking them what to do... If the investor comes looking for his money he's going to come to MY house with MY details and it's so wrong! Please, anyone with legal advice, help me...

bellavita Sun 31-Jul-11 15:36:18

Police?

belledechocchipcookie Sun 31-Jul-11 15:36:43

You need to contact companies house, it's best if you call them. You should also contact the police as he's committed what looks like fraud. You then need to do a credit search on yourself/your house.

I'm really sorry, you must be so angry.

Flaneuse Sun 31-Jul-11 15:39:24

I second Police, and a solicitor, just to check your position.

Collaborate Sun 31-Jul-11 15:53:50

I second companies house. They might be able to sort it for you.

Celibacyisnotforme Sun 31-Jul-11 15:59:15

Thanks ladies... angry is not the word - we need an incandescent emoticon... grrr...

I'll call Companies House tomorrow at 08h30 and ask their advice - I'm more than happy to report it to the police as well if need be...

God, you make ONE tiny mistake marrying the wrong man and you end up paying for it for EVER! Sigh....

NemesisoftheVole Sun 31-Jul-11 16:06:47

Hi, I'm a corporate solicitor so this sort of thing is my bread and butter. It sounds likely to me that he has used the online system to file your appointment, otherwise he'd have had to have forged the signature hmm. It's possible if that's the case that he has signed up for the PROOF system, which means that you will not normally be able to file a paper form changing the registered office etc. However, I would have thought that Companies House would be sympathetic if you explained - the whole reason that online filing and the PROOF system were brought in was to prevent this sort of thing.

You need to also file AD01 - change of registered office. I would send this in at the same time as your termination of secretary form along with your covering letter. At least the registered office is at your house, so you will know if the forms are rejected. If he has signed up for PROOF, the forms will be rejected and returned to you.

Good luc with it - PM me if you get stuck.

mranchovy Sun 31-Jul-11 18:15:35

Well I am not a corporate solicitor, but I wouldn't recommend you file any documents in relation to this company. Surely by doing so you would be asserting that you are authorised to act on behalf of the company, whereas in fact you need to demonstrate exactly the opposite!

As suggested, call Companies House and tell them what has happened; they will advise you on what to do.

I am a bit surprised this is the first you have heard of this, there are a number of communications that Companies House and HMRC send to new companies (not to mention the junk mail that is sent by organisations that monitor CH for new registrations).

Celibacyisnotforme Mon 01-Aug-11 11:33:25

Update!

The lovely lady at the Companies House contact centre gave me the details of their Fraud dept... I've emailed them the details and they were very helpful - let's hope it all gets sorted out.
Police are Plan B should I have no luck this way - but it sounded like this sort of thing happens rather often (!) and they have set procedures in place.
Thanks for your advice ladies! X

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