Two LTD Companies

[MarillionFan]

Who has more than one. I have just started back at a company I worked for earlier in the year through agent A. I am now there with agent B. I get more with B.

A got upset and was threatening all kinds of legal acton until I pointed out that I set up a new LTD company and was contracting through that as opposed to my first one. Hence no legal redress!

Anyone else got more than one?

[AtW]

I think law would still apply if it can be proven that you are the main controlling director of the both companies, especially if the first company still trades.

[MarillionFan]

Not at all ATW. Contracts are made between LTD companies regardless of employee.

[AtW]

Well, I am pretty sure IR would consider two companies inherently linked as they are controlled by the same person, perhaps this kind of approach only applies to serious stuff like tax evasion rather than simple contracts.

Effectively what you saying here is that you can just use cheap ways to bypass contractual limitations by changing hat from Ltd A to Ltd B, not sure court would look at this favourable as even though technically you may be right, but fundamentally its a technical trick that breaks spirit of the contract.

[Fungus]

ATW: There is a distinction between sense and law. I think we need to get input from a lawyer on this. My view is that MF is correct unless the contract explicitly refers to the individual by name. I suspect that the latter is in fact the case. I think it is for my contract. (Agents are not stupid. I can't believe I said that.)

[AtW]

Contract probably refers to him by name as a director representing the company, not necesserily the person who will do the contract even though its obviously implied.

[MarillionFan]

Contract probably refers to him by name as a director representing the company, not necesserily the person who will do the contract even though its obviously implied.

ATW its a shame that as such a prolific poster on a contracting bulletin board you show a complete lack of knowledge about it.

There is no tax avoidance in multiple companies?????

Have you actually done a contract yet?

[AtW]

Well, I do not use multiple companies to work around contract limitations and/or avoid/minimise tax. It seems to me that your case is the kind of case where judges like to throw a book at: in effect you using technicality to avoid obligations of the signed contract. If you were humble contractor working for Accenture which had contract with Agent A, and then you moved to KPMG which had contract with Agent B, and you worked for the same client of theirs, then all is clean because you are not controlling either Accenture or KPMG. In your case however you are bound to be the director and main if not only shareholder, plus you probably have both companies active now.

As such I think you are in the wrong here (not the first time actually). But your explanation was probably sufficient for the weak-minded agent A.

[MarillionFan]

Oops misread that.....

ATW. You are full of sh1t.

Firstly. I am actually correct in my thinking here.

Secondly. You dont even have one company ATW let alone two. We all know you are not even VAT registered.

I am almost 100% certain that you have, to-date never had a contract with anybody let alone got around to thinking outside the 'umbrella' box.

Frankly I am surprised you can even turn your computer on

ROFL @ ATW & SKA

[AtW]

I've just finished short well paid contract: I am not taking more of those because I have different focus. I am not VAT registered because it makes no sense at this time, you seem to equate high turnover with success, well, check out turn over for that shop of yours that you got closed - pretty high volume of sales, but low profit, eh?