Can non shareholde lessee attend shareholde meetings

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    #16
    Originally posted by eagle2 View Post
    The Act just states the Company, so I would address the request to the Company at its registered office. You should supply the information at S116(4) including your name and address, the purpose of the request and whether or not you intend to disclose the information to anyone else.
    Hi, The company secretary does not have a register and does not know where all the certificates are?

    Comment


      #17
      Directors holing meetings as per AOA and appointed a new shareholder an director, as a shareholder I was not made aware or invited to the meeting? I thought it was the shareholders who appoint the directors? Have I got this wrong?

      Comment


        #18
        You have probably got that wrong, but the rules for appointing directors are in the company articles, which we have not seen.

        Normally they allow the directors to appoint directors. If you have an AGM, they may limit the appointment until the AGM. Even then, the directors can, immediately reappoint them.

        Comment


          #19
          Originally posted by leaseholder64 View Post
          You have probably got that wrong, but the rules for appointing directors are in the company articles, which we have not seen.

          Normally they allow the directors to appoint directors. If you have an AGM, they may limit the appointment until the AGM. Even then, the directors can, immediately reappoint them.
          Thanks, yes just checked the AOA and the directors can appoint a director, but apparently the shareholders have overall say...

          Comment


            #20
            The Company is required to maintain a register of members. If you do not receive a reply to a s116 request, you should inform Companies House Breaches Team, who will contact the Company and inform it of the fines which are payable if it does not comply with your request.

            The Articles will set out who may appoint directors but the members have the right to appoint and remove directors at a general meeting.

            Comment


              #21
              There are special rules for removing directors at general meetings. You can't just make the request on the day. The meeting notices must name the directors you intend to remove and must be given 28 days before the meeting. This is basically to allow the director prepare a case as to why they should not be removed and circulate it, before the meeting. If forcing the calling of a meeting, you must give those details in the request to call the meeting.

              Comment


                #22
                Once again, it depends on the Articles. If directors are required to seek re-election, they may be removed at the general meeting without prior notice.

                Comment


                  #23
                  I guess it is a technicality, but those that have to seek re-election actually have to resign, rather than being removed by the members. It is a failure to be re-elected, rather than an actual removal. Normally, where such provisions apply, it needs the AGM, not a general meeting, to force the resignation - re-election cycle.

                  The model articles that post date the abolition of the absolute requirement for AGMs don't seem to include any time limits on appointments made by directors, so a conscious decision would have to have been made to add such a provision to a recent company.

                  The UK is well known for its very lax company laws.

                  Comment


                    #24
                    LH64

                    The point is that the members/shareholders have the right to decide who represents them as directors.

                    I don’t think that your last sentence is either correct or helpful in this context.

                    Comment


                      #25
                      In all probability they own the share jointly but only one vote is permitted although both can attend. If they can't agree then it is the first named.

                      A general meeting and an AGM have the same status and directors can be elected at either (I assume you are thinking of an EGM - LH64 - both are general meetings). Some articles require retirement by rotation which has been done away with by CA 2006 but if you haven't amended the articles they still stand (I wouldn't amend them as it's difficult to get rid of people then). Do they both want to be directors? Strictly it should only be one for the same reason.

                      The Co Sec should definitely have the list, how else does s/he do the updates to Companies House? Are you being flannelled here? The share certificates will be given to new owners on purchase so they won't be available.

                      Comment


                        #26
                        Originally posted by Sarah B View Post
                        The share certificates will be given to new owners on purchase so they won't be available.
                        I make copies of the share certificates, which every ~Co.Sec should do,as if the leaseholder ever loses it, I can make a new one. ~( checking the register - of course )
                        By the way, the share certificates have the same number on them when transferred to new leaseholders.
                        ( old one returned, then marked "void" )


                        Comment

                        Latest Activity

                        Collapse

                        Working...
                        X