Potential fraud advise

[Mcilrarth]

Howdy,

I was hoping for some general advise about my business partner. We run a marketing company in the Wales and help promote things like arts & crafts events, wedding fairs and things like that. These events pay us to take care of their marketing in print and online media so we negotiate the deals, sort the artwork and things like that.

Recently my business partner decided that she would like to start her own arts and craft event which she would run as a totally separate business without me being part of it. She did however want to run the marketing for her event through the business we run together. Her new event business would pay for this though so she was effectively hiring her own company to do this which I was totally fine with. So we'd do the work and then invoice her new business.

However I've noticed recently in our bank account that she's been paying for things like venue hire for her new event (that's separate to our business) out of our business account for the past few months. This feels like fraud to me as she's technically using our business to help bankroll her new business to get it off the ground.

I have seen a recent invoice issued from our business to hers for the venue hire costs so she's paying the money back but we never discussed us forking out for these costs in the first place. If she wasn't using our money to do this then I don't believe she would have been able to start her new business.

I need to confront her about this but I wanted to see where I potentially stand legally.

Thanks x

[paulajayne]

"However I've noticed recently in our bank account that she's been paying for things like venue hire for her new event (that's separate to our business) out of our business account for the past few months."

Initially why not just ask her?

[Mcilrarth]

I am planning on asking her but I'd like to know where I stand legally beforehand.

[R0b]

Is your business a limited company, a partnership or some other structure?

[Mcilrarth]

Sorry I should have mentioned that this is a limited company

[R0b]

Assuming she is a director of the company, then she may be in breach of her fiduciary duties of to avoid a conflict of interest. I have provided a couple of links on director's duties and responsibilities which might be worth a read for you. Ultimately, you can either ratify what she has done or you could seek damages but the claim would have to be in the name of the company, not you personally and if you want to take any action against her then you should seek some legal advice before doing so.

https://www.burges-salmon.com/-/medi...y_director.pdf

https://www.russell-cooke.co.uk/medi...ember_2009.pdf

[Mcilrarth]

Thank you for the links. Yes they are a director.