Board hijacked

[disgrunteled]

Desperate for some advice here as a director and trustee of a Charity & Limited Company where the board has been hijacked and controlled by parties with vested pecuniary interest who have control of cheque book, and companies house registration details, and are refusing to recognise the lawful AGM and elected board.
Does anyone know which court can rule on who lawful directors are please ? Or best route to try ..

[des8]

Maybe a silly question, but have you contacted the Charity Commissioners? https://forms.charitycommission.gov....sing-concerns/

[disgrunteled]

Yes indeed much correspondence with the Commission who say they can't get involved in "internal disputes" and have directed both sides to mediation. Naturally the renegade directors/trustees have refused to cooperate.

[islandgirl]

Do their actions comply with the trust deed or whatever instrument set up the charity? If not, then you can make a formal complaint (which would not be an internal dispute I assume?). Secondly speak to your MP. If they contact the charity commission they will act - with lightning speed....

[disgrunteled]

No they are breaching the mem & arts and charities act but the Commission is not fit for purpose . Our MP has been very helpful and even met with the Commission but still no action from them ..

[islandgirl]

That is incredible because in my experience the MP's interventions (incorrect as they were) caused an immediate reaction from the CC.

[des8]

Presumably you are a company limited by guarantee.
As such it is regulated by Companies House and subject to the Companies Acts and other legislation, as well as charity law.

Are the persons causing concern directors or past directors?

[disgrunteled]

Presumably you are a company limited by guarantee.
As such it is regulated by Companies House and subject to the Companies Acts and other legislation, as well as charity law.
Are the persons causing concern directors or past directors?

Thanks Des, you presume correctly.
They are former directors who were ousted at last AGM but refused to give up their post or allow the new directors /trustees to be registered (they have passwords etc)

[des8]

So initially I would be contacting Companies House and the banks holding the charity funds.
A letter explaining what has happened and the current situation on Headed paper and signed by the trustees.
If there is even a sniff of fraud the bank should freeze the company accounts

The next step I would be considering is for the Company to obtain a court injunction ordering the previous directors to surrender the company cheque books and all other documentation.
This would be a county court action

[disgrunteled]

So initially I would be contacting Companies House and the banks holding the charity funds.
A letter explaining what has happened and the current situation on Headed paper and signed by the trustees.
If there is even a sniff of fraud the bank should freeze the company accounts

The next step I would be considering is for the Company to obtain a court injunction ordering the previous directors to surrender the company cheque books and all other documentation.
This would be a county court action

Excellent, thank you. I will get on to bank this week and see how easy it is to apply for an injunction without a lawyer. Cheers.

[des8]

The form you need is here: https://assets.publishing.service.go...8/n16a-eng.pdf
You will need to attach a witness statement detailing all material facts of which the Court should be made aware

Form EX50 lists the fees:
"To issue a claim for something other than money or possessions (e.g. civil injunctions, gas injunctions, anti-social behaviour injunctions) the fees are based on where you start your claim - fees order 1.5
High Court (including possession claims) £528
County Court £308

As the affidavit needs swearing, it is probably worth having the solicitor you use check you application prior to submitting it

[disgrunteled]

Ah, you're a diamond, just the sort of info I needed, any idea of the sort of wording I should be putting for the injunction and would I serve one injunction on all the former directors together ?
we do have a Solicitor former trustee I can probably get to submit it but he is busy and slow to respond so I would like to get something close to ready to present to him. cheers

[des8]

AFAIK as long as the terms of the injunction are sufficiently clear and precise to enable the people potentially affected to know what they must do they can all be named on the one application.

Re the wording I would suggest you draft up something, together with your witness statement, and post it up for critique.
First redact all identifying details.