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How to enforce a charging order on shares

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  • How to enforce a charging order on shares

    I have a charging order against the shares of a limited company held by its director. And, as a consequence I should be entitled to be paid the dividends which correspondent to these shares.

    I do not what are the dividends and when they are paid and how to be paid them.

    In the balance sheet of this company filed in the Companies House it is not made any reference to dividends and this company failed to file its Profit and Loss account so I do not know also what is its profit which should be used to pay me the dividends
    Tags: None

  • #2
    Maybe this company is not paying dividends.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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    • #3
      if the company makes a profit it should pay a dividend to the owner of the shares

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      • #4
        Even if the company does not make any profit or pay no dividends for the time being it can pay dividends in the future and I would need to know how to be paid these dividends

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        • #5
          Originally posted by register View Post
          if the company makes a profit it should pay a dividend to the owner of the shares
          it *can* pay dividends if there are distributable profits. It is not obliged to. It can build reserves.

          How do you know that this company is making a profit? There are plenty of ways of running a company so as to be successful but minimise profit.
          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

          Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

          Comment


          • #6
            Ultimately, your course of action is to seek an order for sale under CPR 73.10C: https://www.justice.gov.uk/courts/pr.../part73#73.10C.

            See also Practice Direction para 4.1. https://www.justice.gov.uk/courts/pr...part73#IDAXHC2
            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

            Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

            Comment


            • #7
              Orders for sale concern only charging order on land but my charging order is on shares i.e. on securities

              We have to suppose that there is a distributable profit and that dividends will be paid to make the things simpler but the issue is for me to know if dividends are paid or not.

              According to the website of the Companies House a limited company should publish full accounts i.e. balance sheet and Profit and Loss account and maybe other documents. However, this company publishes only its balance sheet.
              The director is the only persons having a significant interest with over 75% according to the Companies House Website. However, now is me who have this interest because of the charging order.

              The director is hostile to me because I have a charging order against his shares so he will provide me information about the dividends for example the dividends policy only if he is forced to do it. Hence, I would like to know if maybe I need an order of the court to get this information from the director.

              The direct who is hostile to me we do his best so that I receive nothing. The director decides if dividends are pay or reserves are made but he needs the approval of the shareholders who can opposed the dividends policy and the shareholders is me because of my charging order so this become a little bit complicated and need clarification

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