Requisition EGM

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    #16
    Originally posted by jeffrey View Post
    No. One director cannot appoint other directors! Only the Company's members (in General Meeting) can.
    The articles can allow co-option, or to appoint an alternate, as earlier refer to the articles.

    Even if the poointmen is valid it isworth checking to see if teh curent directros are able to be directors without being members.

    You also need to address the opriginal subscriber issues as ifyou disagree theyre may be someone with a block vote.

    As a directro you are not influencing spending, YOU SET IT.

    If the agent is a director, then perhaps after reviewing this, a change of agent might result in solutions, and only those with a vested interest, ie ownersm should be in charge of the development.

    As an agent telling you that you need 20 % indicates that they are not well versed in what they are doing.



    Why be content with crumbs from the table.
    Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

    Comment


      #17
      Originally posted by leaseholdanswers View Post
      Even if the poointmen** is valid it isworth** checking to see if teh** curent** directros** are able to be directors without being members.

      You also need to address the opriginal** subscriber issues as ifyou** disagree theyre** may be someone with a block vote.

      As a directro** you are not influencing spending, YOU SET IT.

      If the agent is a director, then perhaps after reviewing this, a change of agent might result in solutions, and only those with a vested interest, ie ownersm** should be in charge of the development.
      **- Hmm, yes, it is worth 'checking'.
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

      Comment


        #18
        Originally posted by Emielou5 View Post
        Thanks all.
        We have drafted an EGM Requisition notice as follows
        1: Expenditure – Review areas of potential savings.
        A: Members will discuss quotes from service providers and will agree whether the new service providers should be appointed.
        B: Members will discuss and agree whether service levels should be amended e.g frequency of window cleaning, whether lights should be replaced with sensor lights to reduce electricity costs.
        C: Members will discuss whether there are ways in which we can protect the Estate from the damage/disrepair which has resulted in expenditure of £11,170 in 2 years.
        D: Members will discuss and agree whether all unplanned expenditure should require the agreement of the majority of Directors prior to proceeding in order to bring expenditure under control.
        2: Arrears
        A: Members will ask the existing Directors to explain what action has been taken to collect £21,000 arrears and will agree whether more prompt action can be taken in the future.
        3: Directors
        A:NAME to be appointed as a Director of the Company with immediate effect.

        B: NAME to be appointed as a Director of the Company with immediate effect.

        Some residents also want to move to remove the existoing directors for confliuct of interest and mismanagement of expenditure and arrears.

        We need the EGM because the Directors are refusing to let us apply to become Directors and are not entering into discussion about managing costs.
        I can't see any other way forward, but if anyone has any pointers I will be very, very grateful.

        Thanks ever so much
        Em
        Do not forget that when discussing any quotes received that the ManCo must consult under section 20 of the landlord and tenant act 1985, in simple terms if it is a long term argreement of more than 12 months and any one flat would pay £100 or more in that 12 months, or other matters if any one flat pays £250 or more.

        The company in any meeting cannot override that obligation.

        http://www.lease-advice.org/publicat...nt.asp?item=19
        Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

        Comment


          #19
          15% 10% or 5% If the Law was a game of football, You would never find the goal.

          The goal posts have moved since I was playing in this area.

          If you take the post up without being properly elected at an AGM your are at risk, Being removed without notice and an invalid Directors negligence insurance policy, Leaving you possibly at personal financial risk if a big foul up takes place as you are making decisions.

          You could attend Directors meetings in a non voting arrangement until you can put yourself up for election as a Director at the next AGM.

          I was using the 1985 act when I was going down this method, I think the 2006 act is similar calling an EGM to remove a Director/s as Unfit, Be carefull to get it right but each Director needs to be proposed for removal as a seperate resolution, If a Director is removed the vacancy can be filled at the EGM again if you are wanting to get elected a resolution proposing yourself as a Director to fill a vacancy needs putting on the EGM agenda.

          The issues you are concerned over need not be placed on the notice as these are the grounds for proposing the change of management, These facts need to be correct at the EGM then the company secratery should propose in the debate removal of the first Director as unfit, It will carry or it will be objected.

          I cant see the council blocking a meeting but who knows, I am no expert in this thing just offering some ideas and thoughts.

          Comment


            #20
            Originally posted by jeffrey View Post
            **- Hmm, yes, it is worth 'checking'.
            Typing on a pda with my hands, dodgy points and a spotty connection means mistakes like this happen. Don't make me go all MTG on you ! Some of us have to work away from the comfort of their home office (or shed) as well.
            Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

            Comment


              #21
              Originally posted by jeffrey View Post
              No. One director cannot appoint other directors! Only the Company's members (in General Meeting) can.
              What if the Articles say the Directors can appoint a fellow Director...? And if the Articles say 10% required for an EGM? Does this override the statute?
              I am not a solicitor, I am a lessee/shareholder in conflict with the management. Please seek your own legal advice before relying on my comments in this forum!

              Comment


                #22
                Originally posted by animal View Post
                What if the Articles say the Directors can appoint a fellow Director...? And if the Articles say 10% required for an EGM? Does this override the statute?
                Yes they can in so far as Table A unless it is inherantly unlawful, such as contrary to the Companies Act 2006, the principal legislation.

                Table A and parts of the Act are, in crude terms, a model. If 10% is set out in the articles then that prevails.
                Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

                Comment


                  #23
                  Hello, thanks all.
                  Our Articles say any Member can become a Director if they fill in the relevant form and are not in Arrears and that an EGM can be called at any time in accordance with the relevant Act.
                  Originally posted by leaseholdanswers View Post
                  Yes they can in so far as Table A unless it is inherantly unlawful, such as contrary to the Companies Act 2006, the principal legislation.

                  Table A and parts of the Act are, in crude terms, a model. If 10% is set out in the articles then that prevails.

                  Comment


                    #24
                    Originally posted by Emielou5 View Post
                    Hello, thanks all.
                    Our Articles say any Member can become a Director if they fill in the relevant form and are not in Arrears and that an EGM can be called at any time in accordance with the relevant Act.
                    Then refer back to post 4 for the Act.

                    The articles sound rather simplistic.......
                    Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

                    Comment

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