Current Litigation

[Shamil]

hat claim is bizzare. And btw, getting your company legal takes a month for it to get it into the legal system. So this claim could just be dismissed faster than they can argue it.

A year ago, I created a business license for my company, I changed the name of the entire network from CarlosX360 Network to CarlosX360 Co. Ltd. The license expired in July of 2010, and I still used the company's name, in october, I fully incorporated the company, but I still used the name - the name did not become fully legal until December. So, basically, iB just shot themselves in the foot by making this claim.

In the UK, the company is regarded as a legal entity from the date of incorporation, i.e it is liable for its actions.

Radon Systems Ltd underwent filing for registration on 22nd December 2003, but was registered on 23rd December 2010 as per the Companies House. From the 23rd December onwards, it became liable for its actions, regardless of it trading or not.

The UK doesn't have a business license as such, however, they do need licenses for multiple things. I believe that XenForo may need an ICO/DPF license, talking of which, they are super slow to issue such.

 

[AnthonyCea]

So it took 7 years for the Dept of corps to accept the application ?

Most companies are out of business within 2 years of founding.

 

[Kier]

Shamil, please dont take any offence at this as none is intended, but are you as an under 18 actually legally permitted to hold a directorship of your limited company?

 

[MGSteve]

Shamil, please dont take any offence at this as none is intended, but are you as an under 18 actually legally permitted to hold a directorship of your limited company?

16 is the limit, Kier & even that appears to be semi-hard target, in so much that there are ways to get exemptions if someone really wants.

 

[Slavik]

Shamil, please dont take any offence at this as none is intended, but are you as an under 18 actually legally permitted to hold a directorship of your limited company?

As of 2008 you can be the director of a public, or private limtied company at just 16 years old

 

[Peggy]

As of 2008 you can be the director of a public, or private limtied company at just 16 years old

wow

 

[Carlos]

In the UK, the company is regarded as a legal entity from the date of incorporation, i.e it is liable for its actions.

Radon Systems Ltd underwent filing for registration on 22nd December 2003, but was registered on 23rd December 2010 as per the Companies House. From the 23rd December onwards, it became liable for its actions, regardless of it trading or not.

It works like that here, too... But I'll explain to you so that you understand.

When you sent in the incorporation paper, yes, your business is legal at the time that you made the date - as in when they receive it. They stamp it as soon as its received. But it won't be completely legal until the time they FILE it.

In my case, I sent my incorporation on the week of the 16th/19th. THEY received my articles on the 19th. They stamped my articles on October 19th, but they filed my incorporation on December 7th. On the 10th of December, they added the corporation to the secretary's database. So, really, its actually 3 layers of incorporation. This is why I said it takes a month before the company is fully legal.

 

[Carlos]

I saw that, Darby! You double posted!

Its the first time that I've seen you double post.

 

[Peggy]

I saw that, Darby! You double posted!

Its the first time that I've seen you double post.

I'm sure he did it on purpose too.

 

[Carlos]

Yeap, to catch us off guard.

 

[Shamil]

Shamil, please dont take any offence at this as none is intended, but are you as an under 18 actually legally permitted to hold a directorship of your limited company?

It's 16 as of 2008

Edit: many people above responded.

1st October 2006: http://www.companieshouse.gov.uk/companiesAct/implementations/oct2008.shtml

It was implemented from 1st October 2008, from the provisions of the Companies House Act 2006.

What's to say, though, that I didn't lie in the registration? I assume that the HMRC form, CT41G, in which directors enter their details, inc. NI number, is a checker?

 

[Shamil]

It works like that here, too... But I'll explain to you so that you understand.

When you sent in the incorporation paper, yes, your business is legal at the time that you made the date - as in when they receive it. They stamp it as soon as its received. But it won't be completely legal until the time they FILE it.

In my case, I sent my incorporation on the week of the 16th/19th. THEY received my articles on the 19th. They stamped my articles on October 19th, but they filed my incorporation on December 7th. On the 10th of December, they added the corporation to the secretary's database. So, really, its actually 3 layers of incorporation. This is why I said it takes a month before the company is fully legal.

Oh dear - that's not something I'd like. Is there some sort of backlog, or are they just slow?

 

[Carlos]

Oh dear - that's not something I'd like. Is there some sort of backlog, or are they just slow?

Yeap. What I am saying, is that even if iB THINKS that xenforo was not legal by the time they sent the incorporation - they're wrong in that the company was not legal on THAT date. xenforo can escape that, because even if they did, it was legal on another date.

That's what I'm trying to say. There are two dates on incorporations, your case is very similar to mine, so either way, iB will trip up a bit.

Remember, its not legal until its filed.

 

[Shamil]

Yeap. What I am saying, is that even if iB THINKS that xenforo was not legal by the time they sent the incorporation - they're wrong in that the company was not legal on THAT date. xenforo can escape that, because even if they did, it was legal on another date.

That's what I'm trying to say. There are two dates on incorporations, your case is very similar to mine, so either way, iB will trip up a bit.

They can, and will say, that Kier planned all of this before he left Jelsoft.

 

[Peggy]

They can, and will say, that Kier planned all of this before he left Jelsoft.

They've already said this. It is the basis of most of this legal action.

 

[Shamil]

They've already said this. It is the basis of most of this legal action.

I really wonder how they're going to prove this.

 

[Carlos]

They've already said this. It is the basis of most of this legal action.

Hehehehe.

I wish I could see the green faces when Darby gives the court the incorporation papers. It's going to show TWO dates, one on the front, and one on the back.

 

[Shamil]

Hehehehe.

I wish I could see the green faces when Darby gives the court the incorporation papers. It's going to show TWO dates, one on the front, and one on the back.

Unless, it was file and incorporated on the same day, in which case, 1 day. Actually... let me have a look at what I can find.

 

[Carlos]

Unless, it was file and incorporated on the same day, in which case, 1 day. Actually... let me have a look at what I can find.

Some states here in united states, allow incorporation to be filed the same day. For example, in delaware, this can be done. If a company needs to be incorporated immediately, it will cost them some money to get it done on the date they desire. < That is for most of the states in U.S.

 

[Shamil]

Some states here in united states, allow incorporation to be filed the same day. For example, in delaware, this can be done. If a company needs to be incorporated immediately, it will cost them some money to get it done on the date they desire. < That is for most of the states in U.S.

Yep, I think some services in the UK offer it for something like £45, so around $73 if my math is correct.