being partner's company's secretary

Tisane22 · 2022-10-13T20:42:11+00:00

Not sure if this is the right thread but maybe someone will be able to answer it. Apologies if I am in fact on the wrong thread. How does the being company's secretary for your partner works for unmarried couples. DP paying a salary to his GF through his company all good but what happens if they split up? Any implications, potential problems, claims etc?

TobyEsterhase · 13/10/2022 22:17

No danger of any issues. If the couple split up there is no way of claiming back any wages or dividends previously paid.

Supernothing22 · 13/10/2022 22:28

If nothing else she is legally responsible for a lot within that company. I'd make sure your friend speaks to an independent solicitor

mindutopia · 13/10/2022 22:42

If by secretary, you mean receptionist, no additional claims beyond that of a normal employee. I would assume the GF could quit but have to work a notice period and would have some protections, like right to redundancy pay, etc.

If by secretary, you mean company secretary for a limited company, similarly all the same expectations would apply as for any secretary. GF could resign and I assume the director(s) could remove her.

I think the main issue would be financially tying oneself to both a relationship and a source of income (especially if the only source). I’m a director in dh’s company, but we’ve been married a long time with dc and a mortgage. It’s also not my ‘job’. I have my own career.

Original poster

Tisane22 · 13/10/2022 23:15

thank you for your comments - @Supernothing22 this is exactly what I thought! what would she be responsible for should something go wrong? what if the company falls in debt. The other red flag was that my friend when approached by her DP about it and saying "I will think about it and would like to check legality of it." received a lot of screaming and shouting from her DP as for 'why you need to think about it, are you looking to create problems, why do you need to check with a solicitor etc" I think anyone would check, specially if not married. I advised her the same.

OP posts:

Original poster

Tisane22 · 13/10/2022 23:16

@mindutopia this is exactly what she said she is trying to avoid - tying herself up, but feels this is exactly it.

OP posts:

monsteramunch · 14/10/2022 00:14

received a lot of screaming and shouting from her DP as for 'why you need to think about it, are you looking to create problems, why do you need to check with a solicitor etc"

If my partner responded to any question or boundary with screaming and shouting at me I would break up with him.

Because it's abusive.

Let alone agree to any further ties to him.

deeperthanallroses · 14/10/2022 00:26

received a lot of screaming and shouting from her DP as for 'why you need to think about it, are you looking to create problems, why do you need to check with a solicitor etc"
if this happened she should have nothing whatsoever to do with his company and also end the relationship. You cannot have any kind of work commitment with someone who reacts that way to a perfectly sensible suggestion.

HidingFromDD · 14/10/2022 00:30

Company secretary has specific legal implications and they should be aware of those before agreeing to anything

ClaryFairchild · 14/10/2022 00:39

A company secretary needs to be on top of the company financials - someone who reacts like this to a simple statement about needing to check the legalities is NEVER going to be open and transparent about the company financials and she will be left holding the responsibility for his mis-deeds.

Original poster

Tisane22 · 14/10/2022 01:10

@HidingFromDD @ClaryFairchild valid points thank you and others too. I will share with her. She is in a lot of distress lately as out of work and apparently this idea came about as to help her out. My gutt feel is this is all about tying her to the man at any cost. If she would ever want out it would be impossible. She was told by refusing to agree she really offends his good gesture and questions his good intentions. something is up. the girl can't leave now due to circumstances but still....

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silentpool · 14/10/2022 04:12

I work in that field and I would not do this. There are legal ramifications - at the very least get proper advice and some training.

MintJulia · 14/10/2022 04:34

HidingFromDD · 14/10/2022 00:30

Company secretary has specific legal implications and they should be aware of those before agreeing to anything

This.

Company secretary is a role with legal duties that must be performed each year. If the company is involved in any illegality, she can be held partly responsible even if she knew nothing about it. It would be her legal responsibility to know, and her fault if she didn't.

The boyfriend may want her to do it because it means she has to submit the annual returns, and takes the responsibility off him, or he may want her to do it because he can't for some reason (already banned?) and no-one else will take it on.

If he's already abusing her about it, I'd steer clear of the role.

Aprilx · 14/10/2022 05:20

Tisane22 · 13/10/2022 23:15

thank you for your comments - @Supernothing22 this is exactly what I thought! what would she be responsible for should something go wrong? what if the company falls in debt. The other red flag was that my friend when approached by her DP about it and saying "I will think about it and would like to check legality of it." received a lot of screaming and shouting from her DP as for 'why you need to think about it, are you looking to create problems, why do you need to check with a solicitor etc" I think anyone would check, specially if not married. I advised her the same.

Unless the company secretary is a director as well, they do not have legal responsibilities in case anything goes wrong with the governance of the company. The directors are responsible. I agree she really shouldn’t need a solicitor to confirm this, but screaming at her about it is over the top and I would probably decline the position for that reason alone.

Supernothing22 · 14/10/2022 08:07

In regards to Health and Safety and Fire Safety the Company Secretary is the responsible person and normally the employer, so even if the 'Company' is at fault there can be consequences for the Secretary, Fines, sentences etc.

Naunet · 14/10/2022 10:26

Tisane22 · 13/10/2022 23:15

thank you for your comments - @Supernothing22 this is exactly what I thought! what would she be responsible for should something go wrong? what if the company falls in debt. The other red flag was that my friend when approached by her DP about it and saying "I will think about it and would like to check legality of it." received a lot of screaming and shouting from her DP as for 'why you need to think about it, are you looking to create problems, why do you need to check with a solicitor etc" I think anyone would check, specially if not married. I advised her the same.

🚨🚨🚨🚨🚨🚨🚨🚨🚨

Sounds like she needs to end this relationship

Worldgonecrazy · 14/10/2022 10:36

The role of Company Secretary has several essential duties:

ensure that the company complies with the Comoanies Act and other relevant legislation
encourage good governance
give good advice to directors
ensure timely submission to Companies House
keep statutory books and registers
ensure proper execution of documents
call and attend meetings and take formal minutes
ensure Artickes and Constitution are adhered to
maintain membership records and administer shares
administer payment of dividends

it is not the same as a OA or other secretarial role.

having copied all that from my Role if the Company Secretary book, her partner sounds like a dick and I wouldn’t want to work for him.

Also Company Secretary salary starts around £50k when qualified! Is he going to pay her that much?