Exs company

Hi I'm a company director of my ex company he is the majority shareholder he wants me to resign but I refused he now is calling an extrodinary meeting to get rid of me he owns 99% of the shares if he gets rid of me does he have to pay me redundancy he had me down as an employee ? He also paid me but declared he paid me more on his tax return I think but I'm having this clarified

Peterdalkey

Ultimately the shareholder(s) can remove anyone as a director by a simple vote. Your entitlement to redundancy is predicated as to whether you were an actual employee or just a director and if you had a contract which specifies any terms for severance on loss of office.
Whether your remuneration was directors fees or wages/salary will be the salient issue in determining the issue. Did you actually work in the business?

Cheers

Peter

thecommander

If you are removed as a director you are not due redundancy.

If you are made redundant as an employee, you may be due redundancy payment.

If he paid you and you didn't make a tax return for that income, you may have to pay tax on it.

Sorry even if he used my tax credits ? And my expenses ? U sure about that and yes I was paid a salary

Peterdalkey

Alicia Petite Violist wrote: »

Sorry even if he used my tax credits ? And my expenses ? U sure about that and yes I was paid a salary

I assumed that your reference to your ex meant your were a couple in the legal sense and thus your tax allowances, in default of a return by one party, are routinely assigned to the principal earner.
You say you were paid a salary, but fail to say whether you worked in the business and if so, on what basis.
It is not possible to get useful advice if you do not disclose the pertinent facts of the matter. Nonetheless, you should only act with the benefit of full professional advice, for which you need to engage a suitably experienced lawyer.

searay

Alicia Petite Violist wrote: »

Hi I'm a company director of my ex company he is the majority shareholder he wants me to resign but I refused he now is calling an extrodinary meeting to get rid of me he owns 99% of the shares if he gets rid of me does he have to pay me redundancy he had me down as an employee ? He also paid me but declared he paid me more on his tax return I think but I'm having this clarified

Your post isn't clear enough for somebody to give you proper advice.

For example, it's not clear what your replacement with your ex is/was. All of the following will influence the course of action you should take:

Were you husband and wife?
Are you recently separated, legally separated or divorced?
Did you work in the company?,
For how long and what class of PRSI did you pay?
Are you being asked to resign as an employee and director?

The best advice I can give is to go to a solicitor with experience in this area and go through the full facts with them.