RTM Model Articles

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    RTM Model Articles

    Hi. The RTM Model Articles leave much to be decided but give powers to:

    Article 9.—(1)*The members may, by special resolution, direct the directors to take, or refrain from taking, specified action.

    Article 21.Subject to the articles, the directors may make any rule which they think fit about how they take decisions, and about how such rules are to be recorded or communicated to directors.

    And article 38 covers ordinary and special resolutions.

    Assuming resolutions are passed, do the Model Articles effectively always remain unchanged?

    Thanks for any help.
    Do not read my offerings, based purely on my research or experience as a lessee, as legal advice. If you need legal advice please see a solicitor.

    #2
    Erm the short answer is that you can change them as long as they are lawful resolutions and in the main do not contradict the model articles.

    Some resolutions have to be filed at companies house however I have always taken the view that its better to edit save and reissue a new set of articles if the wording is changed, or make them available and file a new set at CH, so that the public record is unquestionably correct. As its an RTM or RMC CH aren't that bothered about them being filed unnecessarily.
    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.

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