Advice on Accountant

[FredBloggs]

The OP doesn't know if the accountant did it. Unless they (the accountant) are a lot stupider than your average accountant, its unlikely imho that they did.

The accounts would ususally go through the company accountant in any company for signature. From his attitude to the Op it appears that he did know her signature was forged. But it could well have been that the other director took the accounts from him and said he'd get the Op to sign, then forged her signature, which the accountant may have recognised as forged as he, presumably, would have seen the Ops signature on other diocuments.

 

[ubiquitous]

The accounts would ususally go through the company accountant in any company for signature.

But this isn't a company accountant we are talking about, but a general practice accountant.

From his attitude to the Op it appears that he did know her signature was forged.

There is no evidence of this. Why do you think otherwise?

But it could well have been that the other director took the accounts from him and said he'd get the Op to sign, then forged her signature, which the accountant may have recognised as forged as he, presumably, would have seen the Ops signature on other diocuments.

Or on the other hand,
(i) he may not have noticed an inconsistency in signatures (its not his job to verify them)
(ii) he could have been told that the person who signed the document had authority to do so, for example in the form of Power of Attorney.

 

[ubiquitous]

Are you saying that it was ok for him to sign my name to the accounts even though I didn't see them as long as he had been given the authority to do so?

But from what you've told us, you can't know for certain whether or not he did sign them. Perhaps someone else belonging to the director provided the second signature?

I'm not for a moment suggesting that this is what happened, but it is a possibility that you will need to address until/unless you get clarity on the issue.

If in the meantime you make allegations about the accountant that turn out to be groundless, then you may well have a serious problem on your hands. This is why I am suggesting that you need to talk urgently to your fellow director and to track him down urgently.

 

[Mrs Vanecamp]

If he thought that he was doing nothing wrong he wouldn't have told me that they were submitted with printed signatures (a lie) and when I told him that the CRO wouldn't accept printed signature he said "well you and I will just have to disagree on that"

 

[ubiquitous]

If he thought that he was doing nothing wrong he wouldn't have told me that they were submitted with printed signatures (a lie) and when I told him that the CRO wouldn't accept printed signature he said "well you and I will just have to disagree on that"

Well that doesn't sound great, but for the nth time you need to talk to your fellow director before you do anything else, for the reasons I have stated above.

 

[Mrs Vanecamp]

The accountant finally rang me back. Said I signed a form J3. Does that give him the right to sign accounts I haven't seen?

He also said he did me a great favour which sounds like he did something dodgey but I can't tell that from the abridged accounts.

 

[papervalue]

The accountant finally rang me back. Said I signed a form J3. Does that give him the right to sign accounts I haven't seen?

He also said he did me a great favour which sounds like he did something dodgey but I can't tell that from the abridged accounts.

you are being fobbed off, and he is digging hole for himself.

To me a form J3 would allow accountant to file b1 electroncially as agent.(normal enough gives extra days to file). look at cro site for example which you may have signed.

But

1. The confirmation sheet would have to be signed by 2 director's.
2. The abridged accounts would have to be signed by 2 director's.
3. The confirmation sheet and accounts would them have to be posted or handed in to company office(cant file electroncially)


The accountant would have absolute no right whatsoever to sign the accounts on your behalf.

If your name is signed on accounts in biro(not done by you, not done by other director with your permission)- fax copy to accountant and ask him where and when did you sign it?

 

[mf1]

I have a novel idea. To avoid any further issues arising....

Why not let it go? And resign from the Company?

I truly am a genius. And very modest as well.

mf

 

[FredBloggs]

But this isn't a company accountant we are talking about, but a general practice accountant.

I was going on the Op calling him the "company accountant" but from re-reading I see you are correct.

There is no evidence of this. Why do you think otherwise?

I would think otherwise because of the ops posts. The Op seems to think so.

 

[ubiquitous]

I would think otherwise because of the ops posts. The Op seems to think so.

Indeed. But on the other hand if that's the case its downright weird that the other director has allowed this to happen, or at the very least had accounts and returns prepared without having the decency to inform their co-director.

 

[FredBloggs]

Indeed. But on the other hand if that's the case its downright weird that the other director has allowed this to happen, or at the very least had accounts and returns prepared without having the decency to inform their co-director.

It would indicate to me that the other director is either taking the Op for a fool or for granted. Presumably they think the Op is down as a director in name only and they really don't want them knowing about the business.

I think the Op should follow that modest poster MF1's advice.

 

[Mrs Vanecamp]

Yes MF is right the easiest way out is just to resign but I'm sure you can understand how annoyed I am with my name being forged, even if everything is in order.

I don't think the other director is taking me for a fool, he is just relying on this guy too much and probably isn't aware of what is going on.

He'll be back in a few weeks so I'll let him enjoy his holiday and sort it out with him then.

 

[Mrs Vanecamp]

Still waiting for the other director to get back to civilisation but I've heard from another client of this guy that the reason people go to him is because of his reputation. She never signs anything (even though she is a director) she doesn't know what he does and she doesn't want to know.

If I just resign and walk away presumably I'm still not free and clear of this?

 

[bond-007]

If the OP tries to resign as a director, would the CRO not go mad as there now is only one director. Unless the other guy appoints another patsey ahem director the OP is basically stuck.

 

[ubiquitous]

No, the OP can use Form B69 to resign, if they observe the required notice periods as specified on cro.ie

 

[bond-007]

That would leave the company in lets say an interesting position.

 

[FredBloggs]

Still waiting for the other director to get back to civilisation but I've heard from another client of this guy that the reason people go to him is because of his reputation. She never signs anything (even though she is a director) she doesn't know what he does and she doesn't want to know.

If I just resign and walk away presumably I'm still not free and clear of this?

I don't think it would be advisable to just walk away knowing your signature has been forged. How would it look further down the road if it emerged there was something untoward in the accounts and you then said your signature had been forged. At the very least you should send a letter tot he other director stating why you are resigning and also report the accountant to his professional body. But be careful with your wording as it could be your fellow director and not the accountant forged your signature. Tell them you have resigned as director because your signature was forged on the accounts - don't say or infer by who, because you don't know.

 

[ubiquitous]

At the very least you should send a letter tot he other director stating why you are resigning and also report the accountant to his professional body.

The merits & risks of reporting the accountant to his professional body have already been discussed in this thread.

As I said earlier.

Do you think the accounting body are going to cover up an allegation of criminal behaviour?

Do bear in mind that if, on the other hand, the signature was forged by your fellow director, or someone belonging to them, you will be exposing them to almost certain criminal prosecution.

 

[FredBloggs]

I understand what you're saying but in this instance the Op did nothing wrong and the only person they should be thinking about is themselves. What I said was that they shouldn't point the finger at their fellow Director or the accontant as they do bnot know who forged their signature but should certainly set out in writing their reasons for resigning. And by the way I do think the Accountants Professional body will take this seriously.

 

[ubiquitous]

And by the way I do think the Accountants Professional body will take this seriously.

Of course they will. That's exactly my point, and why I advised the OP that the other director (who is a relative of hers) could be facing prosecution if he, and not the accountant, is at fault.