Director Non Compliance Consequences

Summary

HMRC cannot directly disqualify directors; the Insolvency Service handles misconduct cases, potentially disqualifying directors for up to 15 years. Companies House can act on non-compliance, and persistent issues may trigger investigations. To report misconduct, gather evidence and submit it to the Insolvency Service or Companies House. For suspected income diversion affecting child maintenance, report to the Child Maintenance Service and HMRC. To challenge CMS decisions, provide evidence of delayed reporting and request a review. Access company micro-accounts via Companies House for dividend information.

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I am in Bedfordshire, the director is in Oxfordshire. I can give their name but they have multiple director entries on company house director search

It seems that you're dealing with a director who has a history of non-compliance. To pursue action:
- Report the misconduct to the Insolvency Service.
- Provide evidence of non-compliance.
- Consider contacting Companies House for further guidance.
Would you like more information on how to file a report with the Insolvency Service or Companies House?

Yes please

To file a report with the Insolvency Service or Companies House, you can follow these steps:

Reporting to the Insolvency Service:
*. Gather all evidence of non-compliance and misconduct.
*. Complete the Director Conduct Reporting Service online form.
*. Submit the report through the Insolvency Service website.

Reporting to Companies House:
*. Collect evidence of late or missing filings.
*. Write a detailed complaint including the company names and director details.
*. Send your report via email or through the Companies House website.
Would you like more details on the online forms or the email address for Companies House?

Can you provide more detail for both please

Sure, here are the details for reporting to both the Insolvency Service and Companies House:

~Reporting to the Insolvency Service:
*. Gather all evidence of non-compliance and misconduct.
*. Complete the Director Conduct Reporting Service online form.
*. Submit the report through the Insolvency Service website at: [Insolvency Service Website](https://www.insolvency.gov.uk).

~Reporting to Companies House:
*. Collect evidence of late or missing filings.
*. Write a detailed complaint including the company names and director details.
*. Send your report via email to: enquiries@companieshouse.gov.uk or through the Companies House website at: [Companies House Website](https://www.gov.uk/government/organisations/companies-house).
Do you need more help with the process of reporting, or any other legal questions?

I believe the director is intentionally diverting income or not disclosing income by working as a nurse through his ltd companies and not filing accounts (*-* he has incomplete tax years) in order to minimise child maintenance payments. What can I do

You can report the director's suspected misconduct to the Child Maintenance Service (CMS) and provide evidence of income diversion. You can also:
- Report the fraud to HMRC.
- Seek legal advice to enforce accurate child maintenance payments.
- Consider contacting a family law solicitor.
Would you like more information on how to report to the Child Maintenance Service or HMRC?

Yes

To report to the Child Maintenance Service (CMS) and HMRC, follow these steps:

Child Maintenance Service (CMS):
*. Gather evidence of income diversion.
*. Contact the CMS and provide detailed information and evidence.

HMRC:
*. Collect evidence of tax evasion or fraud.
*. Report the fraud to HMRC via their online form or hotline.
Would you like the contact details for CMS or further guidance on reporting to HMRC?

Can I give their main company page details for you to analyse?

I cannot analyze specific company pages. However, I can guide you through the process of reporting suspected fraud or misconduct. You can gather all relevant evidence and report it to the appropriate authorities.
Do you need more information on the contact details for the Child Maintenance Service or further guidance on reporting to HMRC?

My ex partner failed to inform the CMS regarding the birth of his second child in April *. He did this this month and has been awarded back reduction in CMS payments. How can this be that he can wait 18 months to report his son and still get a reduction when the rules are clear to update when changes occur or as soon as possible following them

It seems like you might have a valid concern regarding the backdated CMS payments.
- Child Maintenance Service (CMS) requires updates on changes as soon as possible.
- Backdated reductions are typically not allowed without prompt reporting.
Would you like information on how to formally challenge this decision with the CMS?

Yes

To challenge the CMS decision:
- Gather all relevant documentation regarding your ex-partner's delay in reporting the birth.
- Contact the CMS and formally request a review or appeal of the decision.
- Provide evidence that the rules require prompt updates and argue that backdated reductions should not apply.
Would you like details on the contact process for CMS?

Can you draft a letter/communication i can use to challenge this decision

Certainly! Here's a draft letter you can use to challenge the decision regarding the backdated CMS payments:
---
[Your Name]
[Your Address]
[City, Postal Code]
[Email Address]
[Phone Number]
[Date]
Child Maintenance Service
[CMS Address]
[City, Postal Code]
Dear Sir/Madam,
Re: Request for Review of Backdated Child Maintenance Reduction
I am writing to formally request a review and appeal of the decision to backdate the reduction in child maintenance payments awarded to my ex-partner, [Ex-Partner's Name], due to the birth of his second child in April *.
According to CMS guidelines, any changes in circumstances must be reported as soon as possible following the event. My ex-partner failed to inform the CMS of the birth of his child until [Date He Reported], which is an *-month delay. This significant delay contradicts the requirement for prompt reporting.
The backdated reduction in child maintenance payments has a considerable impact on the financial support provided for our child(ren). I believe that the reduction should not be applied retroactively due to the lack of timely notification.
I have attached all relevant documentation regarding this matter, including the birthcertificate of the second child and the date on which my ex-partner reported this change.
I kindly request that you review this decision and consider the following points:
- The CMS guidelines clearly state that changes must be reported promptly.
- The *-month delay in reporting should not justify a backdated reduction.
- The financial support for our child(ren) should not be adversely affected by my ex-partner's failure to report the change in a timely manner.
Thank you for your attention to this matter. I look forward to your prompt response and resolution.
Yours faithfully,
[Your Name]
---
Would you like any further assistance with this matter?

Yes what else can you help with/provide advice on

I can provide guidance on various legal matters, including:
- Family law issues (divorce, child custody, maintenance)
- Employment disputes
- Consumer rights
- Property disputes
- Criminal law matters
Is there a specific area you need advice on?

I believe my ex partner is working a minimum hour contracted substantive post and topping up his income through agency work paid through one of his limited companies. This impacts the HMRC declared income he earns and seriously affects his CMS calculation. What can I do

You can take the following steps:
- Report to Child Maintenance Service (CMS): Provide evidence of undisclosed income and request a reassessment.
- Report to HMRC: Provide evidence of tax evasion or fraud through their online form or hotline.
Would you like more details on either process?

More detail please

Case Rating: *
Sure, here are more details on how to proceed:

Reporting to the Child Maintenance Service (CMS):
*. Gather Evidence: Collect all documentation showing your ex-partner's agency work and limited company earnings.
*. Contact CMS: Reach out to CMS by phone or online and provide them with the evidence.
*. Request Reassessment: Formally request a reassessment of the child maintenance calculation due to undisclosed income.

Reporting to HMRC:
*. Collect Evidence: Gather all evidence of potential tax evasion or fraud, such as financial records, invoices, and payment details.
*. Report Online: Use the HMRC online form for reporting tax evasion or call their fraud hotline.
Would you like contact details for CMS or more guidance on reporting to HMRC?

How can I tell if directors are being paid through dividends for this company

To determine if directors are being paid through dividends:
*. Review Annual Accounts: Check the company's financial statements filed with Companies House.
*. Look at Dividends Declared: Inspect the 'Dividends' section in the accounts.
*. Compare Salaries vs. Dividends: Identify if directors' income is primarily from dividends rather than salaries.
Would you like more information on how to access these documents?

Yes please - they only submit micro accounts

For companies submitting micro-accounts, detailed financial information is limited. Here’s how you can still gather information:
*. Review Micro-Accounts: Access the company's micro-accounts via Companies House.
*. Look for Dividend Notes: Even in micro-accounts, there might be notes on dividends.
*. Check Director's Report: Sometimes micro-accounts include a director's report mentioning payments.
Would you like guidance on how to access these micro-accounts online?

Yes

To access micro-accounts online, follow these steps:
*. Visit the [Companies House Website](https://www.gov.uk/government/organisations/companies-house).
*. Use the company search tool to find the specific company.
*. Download the most recent micro-accounts filed by the company.
*. Review the documents for any notes on dividends or director’s reports.
Would you like additional guidance on any other legal matters?

Director Non Compliance Consequences

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