Refusing to send shareholder the Statutory Shareholders member register

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    Refusing to send shareholder the Statutory Shareholders member register

    I am a shareholder in a company that is managed by a block managing agent. I requested the Statutory shareholders member register from the block managing agent and was fobbed off that it is at company's house and it wasn't. They then sent me the last annual report from companies house which does show some shareholder information but not what is required for the Shareholders member register. They now tell me they cannot send it to me due to the Data Protection Act.

    Is this true?

    Thanks in advance.

    Madasafish

    #2
    It is specifically exempt from the Data Protection Act.

    If you want them to send a copy, you have to pay for it, even if you are a member.

    Did you state the reason for requesting it and whether you intend to supply it to anyone else? This is necessary for a valid request to inspect (free to members/shareholders) or have copies (chargeable).

    I'm not sure who the prosecuting authority is for this, but it is a criminal offence not to provide access, unless a court rules against it. The court process was intended for companies like Huntingdon Life Sciences, and a flat management company isn't going to apply to the court, and would probably be laughed at if they did. The criminal offence applies to the company secretary and directors to the extent that they had culpability for the failure.

    Comment


      #3
      The company has to file an annual report of its members to Companies House and you can access the information by going to CH website.

      You can also view the annual accounts and Directors names in the company filings of previous years.

      Use you own computer or go to a main public library with computers for internet use.

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        #4
        I'd forgotten about companies with shares having to do this, but the legislation now seems to catch companies limited by guarantee as well, although neither of the two national, limited by guarantee, organisations that I belong to and checked seem to have done this!

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          #5
          I am trying to understand what shareholders have a right to see as I am not provided with anything nor consulted...

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            #6
            The things that everyone is allowed to see (register of members, directors' service addresses, the company constitution, abbreviated accounts, etc.)

            Also the complete statutory accounts, but not the supporting documents (RTM's are required to provide more), the minutes of general meetings (but not board meetings) and written resolutions of the members, for the last ten years.

            Comment


              #7
              Originally posted by Milly26 View Post
              I am trying to understand what shareholders have a right to see as I am not provided with anything nor consulted...
              Milly26,

              The first place to start would be your articles of association, if you have not been provided with them check online at Companies House, where you will be able to download them free of charge, most likely the very first filing made by your company.

              The next place to look would be Companies Act 2006, although if your company was incorporated prior to this, you would have to determine what is still in force from your articles and what has been replaced. A good reference document is available at the following link;

              https://www.slaughterandmay.com/medi...6_nov_2007.pdf



              Comment


                #8
                1. The information about the Management Company or RTM Company can be viewed at the Companies House website for no charge :

                You can get some details about a company for free, including:
                • company information, for example registered address and date of incorporation
                • current and resigned officers
                • document images
                • mortgage charge data
                • previous company names
                • insolvency information
                https://www.gov.uk/get-information-about-a-company

                2. The annual service charge is collected by the Management Company or RTM for maintenance of building and the unspent funds held by the MA belongs to the leaseholders and is not accounted for in the company's annual account filed at Companies House.
                The Managing agent or RTM has to arrange for audited accounts to be made available within 6 months after end of year to leaseholders. After being supplied with copy of audited accounts and for a six month period , the leaseholder has the right to make an appointment to visit the office when the accounts and bank statements can be viewed and take copy for a reasonable charge.

                Anyone wanting a free guide to long leases can download from LEASE website www.lease-advice.org

                3. The standard required of a managing agent is set by the RICS Residential Management Code which can be bought from RICS online bookshop. for about £21 + postage.

                4. You are allowed to get the name and contact details of other leaseholders because the rules for buying the freehold title of the block requires 50% or more leaseholders to sign the legal forms under the 1993 Act.

                Comment


                  #9
                  Managing agents only have to provide accountant certified accounts, not audited accounts, and even the accountant certification isn't needed for smaller blocks. They do not need to provide them unless a leaseholder formally requests them, and, if requested more than five months after the end of the accounting year, a month is allowed for providing them.

                  The RICS do advise that they be volunteered. The relevant part of the RICS guidelines is 7.13, which uses "should", so is advisory only, and says that the level of accountant involvement should be proportional to the size of the property.

                  Accountant certification means that the accounts probably reflect the source documents provided to the accountant. Auditing means that the accounts are probably free of a sufficiently high level of fraud, or bad financial control as to make them no longer true and fair. (In a national society I belong to, the managing director misused about £50,000 before the auditors determined that the accounts were no longer true and fair!)

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