Transfer of Shares in Company

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28 April 2018
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Hi,
An accountant has recently arranged for the transfer of my company shares to be reallocated to another person, via ASIC, without my knowledge, and contrary to court orders made only weeks earlier (of which the accountant was in attendance).
It was some time before I realised what he had done, and it took issuing an enforcement order and 4 months before the ASIC documents to be reversed.
However during that time, the entire legal structure of the company had been restructured, together with the registration a new company, where all invoice transactions are filtered.
All debt is being filtered via the old company which has been removed from the trust, and the Director is now innocently requesting my consent to liquidate the old company.
The liquidator stated there is a large ATO debt, and all machinery and equipment has been sold.

Can anyone advise what recourse I have against these two?
 

Rob Legat - SBPL

Lawyer
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16 February 2017
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Go straight to ASIC and tell them what’s happened. From what you’ve said the accountant has fraudulently stolen your shares.
 
28 April 2018
2
0
1
Go straight to ASIC and tell them what’s happened. From what you’ve said the accountant has fraudulently stolen your shares.
Hi, Thanks for you advice, I did actually speak ASIC when I first realised this had occurred, and they weren't interested.
It's definitely left me floundering, but I'll give them another go this week. Thanks again
 

Adam1user

Well-Known Member
5 January 2018
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Engage a lawyer, this is a tricky issue and you don't want to do something that may cost you more, of course this depends on the value of the shares in questions, is it worth spending the cost of the lawyer which you can get back from the people who wronged you (most of it anyway), so best thing to do is engage a lawyer and don't leave it to people giving you directions, also they don't have the whole story.
 

Rod

Lawyer
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27 May 2014
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You have suffered the loss due to the actions of the accountant and hopefully you have put others on notice of the fraud. You need to services of a good civil lawyer to see what is the best remedy. With a liquidator involved and probably moving quickly to sell your property you should avoid delays.