RTM Company set-up and acquiring and holding leaseholder details

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    #16
    Originally posted by AndyStart View Post
    My worry is though, that this request would just supply me with the names and home addresses of each leaseholder/member. What we could really do with is the name of each leaseholder, the door number of the apartment(s) they own in the block and their email address. That way the RTM company can send out communications to all it's members without going through the management agent.
    This is not what you asked for originally. What you asked for originally would have been satisfied from the company register. Note that the company register contains contact addresses, not residential addresses, even if often the same.

    Whilst I think that it would not be unreasonable to request the flat numbers, based on article 41 (especially since you could get them at £3 a shot from the Land Registry), legislation (GDPR) that comes into force on May 25th probably means that the company should destroy its records of email addresses, unless it gets permission from the owners of those addresses. Unless that permission includes the right to give them to other members, the company would be breaking the law to give you those addresses.

    Until company law catches up with modern ways of communicating, only postal addresses are on the public record, and any attempt to organise a member revolt will need to be done on paper, or by door-stepping.

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      #17
      Originally posted by AndyStart View Post
      Generally speaking, there's much more they can be doing to make the building a safe and well maintained place to live.
      The RTM can only do what the lease allows it to do. Some of your ideas may constitute improvements, which you will have to fund outside the service charge.

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        #18
        Originally posted by AndyStart View Post
        Also, does the fact that the owner of the management agent is the secretary of the RTM Co, mean they have some level of control over the RTM Co?
        Legally they have no authority other than that which is delegated to them by the directors. However, if the reality is that they have real control, the company may need to include them on the company's register of persons with significant control. Company secretary is a position of responsibility, not of authority.

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          #19
          bit late to the party but how does one RTM have one director? doesn't the model articles state that min is 2?

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            #20
            Yes. All a sole director is supposed to be able to do is appoint other directors.

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              #21
              can they even do that? 1 director wouldn't be able to convene a meeting as quorum is a minimum of 2

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                #22
                Yes. Paragraph 16(3) of the RTM company model articles of association states that:

                (3) If the total number of directors for the time being is less than the quorum required, the directors must not take any decision other than a decision—

                (a) to appoint further directors, or
                (b) to call a general meeting so as to enable the members to appoint further directors.

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