Can MA be a RTM director?

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    Can MA be a RTM director?

    hi

    To cut the long story short (senior members will recall a couple of my threads on this forum on the subject of this RTM)

    RTM with a solo director, offered and asked a solo director to appoint me as a second director, instead MA has been registered as the second director in the meantime

    Can MA be a RTM director?

    ta

    #2
    Yes, as long as the RTM has at least one director who is a real human: http://www.legislation.gov.uk/uksi/2...agraph/22/made

    There is no requirement that directors be members of the company.

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      #3
      great, so it all stays in the family then from now on seeing that the sole director went straight to MA to bypass my offer to become a director.
      any chance to have any sort of control gone with the wind. shame


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        #4
        It would probably help if there were at least two directors who were not connected with the MA, as there could questions of conflict of interest, resulting in an in-quorate board.

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          #5
          The company members can remove both directors from office.

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            #6
            It is undesirable for a managing agent to be a director of a RMC because it creates a conflict of interest.

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              #7
              undesirable but as it seems legal, and with a defunct RTM (no AGMs, no members being active) they are now in full control

              As you hinted before eagle2 in the other topic I opened, it is now absolutely clear that RTM was arranged by the MA (now director) for their benefit, with "RTM" having an elderly lady as a sole D before, and until such time when someone (me) become interested in all the shenanigans and wanted to get involved in RTM.

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                #8
                It is unethical for the MA to be the sole director. You should replace the MA as soon as possible and you need to become a director to achieve that.

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                  #9
                  As a company, the MA cannot be the sole director, although one of its staff could be, from a Companies Act point of view.

                  I cannot see an MA organising the creation of an RTM, if this really is an RTM. The prime move would have had to come form the, then, leaseholders.

                  If it isn't an RTM, you would need to look at its actual Articles to find out if there were restriction on who could be directors.

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                    #10
                    Also, if it is an RTM, there is no requirement to have an AGM and hasn't been one since 2010.

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                      #11
                      the MA is not a sole director, it is now the second director alongside the original one. They can happily run the show now. By they I mean MA as the elderly lady is just a facade.
                      I asked the original one (the facade) to be appointed a director, only to learn today (from the companies house website) that she appointed MA as a second director instead. Looks like they have a close association, and do not want "strangers" in .

                      it is indeed a RTM, there was enough leaseholders at the time convinced by the original director to pursue the RTM route (I now know with the support from the current MA), and the management was taken over by RTM. The sole director at the time appointed the MA (with whom, I now know, they have a close association). I was told noone wanted to be a director, and it has stayed this way for 3 years, until now that is.

                      People moved out/moved in, and there is no members activity whatsoever, apart from paying what they are told.
                      Trying to arrange an EGM of sort will be true pain ....

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                        #12
                        You can always make a formal complaint to the MA, Does the MA belong to ARMA or the RICS?

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                          #13
                          they list ARMA on their website.... would you be able to advise on the form of the complain at all? will it make any difference ?

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                            #14
                            Neither ARMA nor RICS operate redress schemes, although they are required to belong to such a scheme

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                              #15
                              Make a complaint to your local MP and Companies House to remove or disqualify both directors.

                              The sole director is probably committing an offence under the Fraud Act 2006 Section 4 which says : .


                              4 Fraud by abuse of position

                              (1)A person is in breach of this section if he—

                              (a)occupies a position in which he is expected to safeguard, or not to act against, the financial interests of another person,

                              (b)dishonestly abuses that position, and

                              (c)intends, by means of the abuse of that position—

                              (i)to make a gain for himself or another, or

                              (ii)to cause loss to another or to expose another to a risk of loss.

                              (2)A person may be regarded as having abused his position even though his conduct consisted of an omission rather than an act.

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