Removing Shareholder as a Director

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

    Removing Shareholder as a Director

    Hello,

    We are 4 flats, 4 shareholders, 4 Directors of Freehold Management Limited Company

    We have a Rogue Director that 3 of us wish to remove - we have taken guidance and issued a resolution to remove which has been sent out and called a meeting.
    2 Directors are 100% behind it, 1 is a bit wobbly because he rears reprisals, NOT because he doesn't believe the rogue Director is unfit to hold office.

    So, my question is when we have our meeting to vote on Director removal, can the rogue Director vote as a shareholder to stay in office.

    If that was the case we could potentially end up in stalemate.

    Is the wobbly Director acting in an unfit manner in not voting to remove a Director he has previously agreed is acting against the interests of the Company (and thus Freeholder)?

    Many thanks

    Andy

    #2
    Has anybody had any similar experiences??

    Comment


      #3
      Shareholders have equal rights so he can vote on who he wants as directors.
      why is he a rogue director ?
      What kind of reprisals are feared ? Why aren't the other two bothered ?

      Comment


        #4
        I would say it is a conflict of interests, in the same way that if a director says "I can get my brother to this job, or, my friend can do this job cheaper, then that director can be bared from any involvement in the decision process therefore cannot vote for his brother or friends. ( Fact ).

        Same with voting yourself in.

        If Directors fear reprisal, for dismissing, - for example say, a corrupt / lazy / can't be bothered / just refuses to attend board meetings then the fearful should not be Directors.

        Lets assume most want a director out, because he / she is useless, may be even fraudulent / not a logical person / does not have what it takes to be a director. Then those points alone determine a director should be dismissed. Then the outgoing director cannot use his own vote to keep him in as a director, as that, to me is a direct abuse and certainly a conflict of interest and will be against the good of the company it's prosperity and longevity.

        Comment


          #5
          I asked @3 questions because I thought the answers would inform a better understanding.

          Comment


            #6
            Originally posted by scot22 View Post
            I asked at post number 3, questions because I thought the answers would inform a better understanding.
            No problem, but we don't always get to know the ins and outs, and the rouge director may just be reading all this, so often the real reasons for dismissal are not forthcoming, as that would infuriate even more a rouge director., and I have it in writing that Meetings can be extremely verbal, with cussing and temper tantrums when the truth of misdoings are published either verbally or on here.

            Comment

            Latest Activity

            Collapse

            • Notice fee
              by Paulsen
              I am remortgaging my flat and the solicitor has sent a letter to the freeholder asking for a notice fee. I have done it directly to the freeholder and not the MA as we both are in dispute with the old MA and are doing a joint complaint. She probably wouldn’t know how much to ask for and I asked my...
              04-04-2020, 15:14 PM
            • Reply to Notice fee
              by Section20z
              The question of the fee is invariably asked with the standard LPE1 enquiries and therefore comes as no surprise and there is no justification for subsequently not paying it. The example I gave above referred to an auction purchase where a foolish purchaser failed their due diligence....
              09-04-2020, 17:35 PM
            • Reply to Notice fee
              by Lawcruncher
              If you ask the freeholder what his fee is there is no obligation to respond. You do not though want to be asking. Just get on and serve the notice and (a) if the fee is fixed pay the amount specified; (b) if a minimum fee is specified pay the minimum; (c) if a reasonable fee is specified send £10; (d)...
              09-04-2020, 15:35 PM
            • Reply to Notice fee
              by Paulsen
              Can the Freeholder ignore the request of a notice fee? What happens if they don’t respond?
              09-04-2020, 13:53 PM
            • Freeholder requesting 'license fee' for AST
              by RHibbert
              I own a leasehold flat which is renedt out on an AST and my freeholder is constantly finding new ways in which to nickle and dime us leaseholders for extra costs. The latest is a 'Subletting Licence' for which an annual rent of £48.00 is charged. The freeholder cites a clause in my lease relating
              ...
              06-04-2020, 15:34 PM
            • Reply to Freeholder requesting 'license fee' for AST
              by Paulsen
              Hi my lease is similar, would the fee be payable every time you get a new tenant? Does it have to be requested by the freeholder?
              09-04-2020, 13:45 PM
            • Reply to Removing Stud Wall in Leasehold Flat
              by Lawcruncher
              • Even though there will be no increase in value of the property following this work, would the Freeholder be entitled to still ask me for money in exchange for permission?

              Since the lease says that you must not make alterations without consent, the consent must not be unreasonably withheld....
              09-04-2020, 10:17 AM
            • Removing Stud Wall in Leasehold Flat
              by Sharon
              Hello, I would like to remove a non-load-bearing stud wall in my flat. It will change the layout inasmuch as I will be stealing some of the space from my entrance hall and creating a larger living room as a result. So no real increase in value of the property as a result, just a matter of taste....
              08-04-2020, 15:46 PM
            • Reply to Freeholder requesting 'license fee' for AST
              by jpkeates
              Could be - it would make sense....
              09-04-2020, 09:48 AM
            • Reply to Freeholder requesting 'license fee' for AST
              by MdeB
              I thought there was a judgement that such charges could be increased in line with inflation even if the lease did not provide for it.
              (sorry, no reference, just recalling, maybe imperfectly, replies to a thread in the last couple of years)....
              09-04-2020, 09:22 AM
            Working...
            X