In a Joint Tenancy of a Leasehold, which has first right to be the Company Director?

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    In a Joint Tenancy of a Leasehold, which has first right to be the Company Director?

    In our block each flat is autimatically assigned one Director role on purchase of the property. The Articles state that in a Joint Tenancy, obviously only one can be the Director. In the case where they also occupy the flat, is their a norm for what happens if one of those joint tenants moves out and seperates from the other and the ownership is still shared. Should the Director role go with the occupying tenant first?

    #2
    Usually the joint members decide which one may apply to be a director and which one raises a hand when voting at a meeting.

    Comment


      #3
      The articles really say that the director has to be in physical occupation as their primary residence?? That would be most unusual and inappropriate.... What are the actual words of it if so?

      I would have thought that in the case of joint ownership the joint owners will decide who takes that role and it is nothing to do with either the Company or on actual residency?

      Furthermore you cannot assign someone to be a director of a company -- nobody can be forced to be a director (and some are excluded). They might have the automatic right, but that is different.

      Comment


        #4
        Automatic right? meaning in situations where the leaseholders are shareholders, they also must direct and vote? Unless they nominate another etc.

        Comment


          #5
          No. This is under company law, and you cannot force anyone to be a director of a company as a condition of being shareholder.

          As I said
          a) Some people are disqualified from being Directors. That does not disqualify them from having a share in a freehold-holding company.
          b) It is sensible if someone knows a company is behaving illegally, immorally and dangerously AND if they cannot do anything about that from the inside, that they resign any directorship

          Comment


            #6
            A leaseholder should have the right to be a member and vote on matters. There cannot be an automatic right to become a director because as Andrew says some individuals are disqualified from acting and members cannot be forced to take on a role which they do not wish to accept or are incapable of accepting. In addition you cannot take away the members legal right to remove a director from office if that person is not acting in the members' best interests.

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