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forged signature on CRO return

  • 27-02-2013 10:47pm
    #1
    Registered Users, Registered Users 2 Posts: 783 ✭✭✭


    Hi Guys

    A quick question.

    A friend became a director of a company to help a mate out. When if came to submitting the annual returns with accounts, my friend only saw and signed the B1, he just signed the B1 and never saw any accounts or signed any accounts to be submitted with the cro return. He purchased the accounts of the CRO website and his signature has been forged on the accounts that were submitted on two pages. He has now resigned from that company but wants to know is he exposed or has he any comeback against the other director.

    Cheers


Comments

  • Registered Users, Registered Users 2 Posts: 735 ✭✭✭Alan Shore


    Ah the old directors falling out one.

    I imagine they would have a case but for what I'm not sure - a civil case of fraud?

    Your friend has a number of responsibilities too as a director, a few queries come to mind:
    - Did they attend regular board meetings,
    - Did they not enquire when signing the B1 as to where the accounts were, and that the second B1 could not be filed without accounts, unless filing a B73.
    Failure to file an annual return is an offence.
    - Were the accounts not presented at an AGM which it is the directors responsibility to hold.


  • Registered Users, Registered Users 2 Posts: 2,094 ✭✭✭dbran


    Hi

    Forged or not, a document cannot be removed from the CRO register unless you go to the high court.

    However it is a indictable offense under company law to file false or misleading returns to the CRO. I suspect where one of the directors has submitted accounts that have not been approved by both of the directors of the company but have forged one of the signatures, this could be the case.

    Therefore in theory you can report the other director to the ODCE. I would not hold out much hope of a response however.

    Regards

    dbran


  • Registered Users, Registered Users 2 Posts: 783 ✭✭✭capefear


    Yep another one were the directors fell out.

    His so called mate took advantage, but as I mentioned he has resigned and learnt a lesson and was lucky to get out when he did.

    Thanks for the feedback


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