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Les
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4 Posts

Posted - 26 April 2021 :  13:28:47  Show Profile  Reply with Quote
I have been told that you cannot register a company with companies house if you have a trust deed. Is this correct? I am trying to set up the company as and LLP

It appears from our records that xxxxxx is subject to personal insolvency restrictions and appears on the Accountant in Bankruptcy register. If you believe this to be incorrect, or require further advice on this matter, please contact the AIB (https://www.aib.gov.uk/about-aib/contact-us). Alternatively, you can e-mail Disqualifications and Bankruptcies Team, Companies House at ddr@companieshouse.gov.uk

Based on the details provided above, please do let me know whether it is your intention to continue with the application. If you do believe that the information is incorrect, please do look to follow the steps mentioned within the email by Companies House, once this has then been resolved, I could look to resubmit the application back to Companies House.

TDA (Debt Adviser)
Trust Deed Expert



13734 Posts

Posted - 26 April 2021 :  14:15:40  Show Profile  Reply with Quote
Hi Les and welcome to the trust deed forum.

We do know that people can serve as a limited company director while they're in a trust deed. This is a key difference with bankruptcy where this isn't possible.

I'm afraid I don't have any knowledge regarding establishing and running an LLP though. Hopefully Kevin or Paul might be able to add their knowledge and thoughts on this subject when they next visit the forum.

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Kevin Mapstone
Trust Deed Expert



3983 Posts

Posted - 27 April 2021 :  10:32:39  Show Profile  Reply with Quote
Hi Les.

As far as I am aware this restriction would only apply if you were sequestrated (bankrupt), not for a Protected Trust Deed, however I don't recall any clients that have tried to set up an LLP whilst in a Trust Deed so am not certain.

Maybe try emailing the Disqualifications and bankruptcies team and point out that you are not bankrupt so believe you are not subject to those restrictions, see what they say? It would be useful to know, so I'd be grateful if you would update us with any response they give.

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Les
New Member

4 Posts

Posted - 27 April 2021 :  15:39:14  Show Profile  Reply with Quote
Sorry - Update number 1 - I have now e-mailed AIB to see if they have an answer, I would have thought as the link they have sent me says trust deeds that should be sufficient but I will post the AIB response when I receive it

Thank you for your email.



With regards to your query, I can confirm that the application was rejected due to the entry for you on the Accountant in Bankruptcy (AIB) register. Unfortunately, as we do not have access to the trust deed directly, we are unable to confirm that you can become a company director.



You should contact the AIB directly to request clarification of this . Once they have clarified your position, you would need to resubmit the incorporation application for the proposed company as unfortunately our systems do not retain the original application once it has been rejected.



I have included a link below with their contact details along with a direct link to the entry on the AIB register for reference:



Contact Us | Accountant in Bankruptcy (aib.gov.uk)



AIB entry: https://roi.aib.gov.uk/roi/TrustDeeds/TrustDeed/Details/xxxxxx



We will of course inform Companies House Edinburgh of your query, and the advice we have provided. Hopefully this matter can be resolved as soon as possible.



Yours sincerely



Anne-Marie Patton

Disqualifications and Bankruptcies Team Officer

Companies House Cardiff

Tel: 029 2038 0914

E-mail: ddr@companieshouse.gov.uk

Edited by - Les on 27 April 2021 15:41:39
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Les
New Member

4 Posts

Posted - 28 April 2021 :  14:22:58  Show Profile  Reply with Quote
Update No 2 - So companies house says speak to AIB - AIB say they cannot help.....

Good Afternoon



I refer to your e mail to our Team Mailbox regarding your difficulties in registering a new LLP.



I would clarify firstly that the Accountant in Bankruptcy(AiB) supervises all Protected Trust Deeds(PTD in Scotland and has a duty to ensure that Trusteesí actions are in accordance with all relevant legislation and guidance. Matters relating to individual aspects of a PTD such as employment issues, are between the Trustee and debtor



I can see from our system that you entered into a PTD in 2019 . Before signing the Trust Deed the Trustee should have explained to you that this could affect your employment situation. There is nothing explicitly in PTD Regulations which prohibits anyone from being a Company Director however in reality the Articles of Association of a particular Company would normally prohibit this. I appreciate however this is a LLP which is a different concept. It also appears to be a new venture.



I cannot give you specific advice on this as we are not an advice giving organisation. You may however wish to consider sending a copy of the Trust Deed you signed to Companies Register. Nowhere in the document does it say you cannot start an LLP or be a Company Director. It might be necessary also for the Trustee to confirm he has no objection to this proposed venture (assuming they donít).



This may assist you however if the Companies Register continues to refuse to register your interest, then Iím afraid there is little further we could do as we have no remit to interfere with their decision



I hope this is of some assistance



John Aitken | Case Manager
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TDA (Debt Adviser)
Trust Deed Expert



13734 Posts

Posted - 28 April 2021 :  14:35:43  Show Profile  Reply with Quote
I think this could be helpful Les.

It gives you something useful (and from an official source) to go back to Companies House and make your case doesn't it?

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Les
New Member

4 Posts

Posted - 28 April 2021 :  15:30:21  Show Profile  Reply with Quote
quote:
[i]Originally posted by TDA (Debt Adviser)[/i]
[br]I think this could be helpful Les.

It gives you something useful (and from an official source) to go back to Companies House and make your case doesn't it?



Many thanks, I think so but this is the update no 3 (more for those who may and up in the same situation)



Thank you for your recent e-mail which included the response that you received from the Accountancy in Bankruptcy.


We have forwarded your e-mail to our Edinburgh office and you should receive a response from them shortly.



If we can be of further assistance please contact us.



Yours sincerely







Jane Wilson | Disqualifications and Bankruptcies Team Officer |

Companies House
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TDA (Debt Adviser)
Trust Deed Expert



13734 Posts

Posted - 29 April 2021 :  09:44:29  Show Profile  Reply with Quote
Thanks for sharing this Les.

Please let us know how you get on with this as it may well be useful information for others in the future.

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