The articles provide for each resident to be a director.
There is nothing specific in the articles as to how the directors should behave.
Can you give me an idea when you will be able to answer my questions put to you yesterday.
No the articles do not provide for the removal of a Director. Table A of the Companies Act 1985 is excluded and Directors hold office until the property is sold if they so wish. Only the members of the company can be Directors.
I am not sure exactly what you mean with your last statement. Sec168 doesn't remove the right to be a director the question is do they have the right to apply 168 in the first place? The question really is are all the resolutions, being part of the same notice, invalid if special notice was not given even though some of those resolutions would ordinarily need only 14 days notice?
Can you do anything about this - which is your question
Yes you can
You can seek a declaration from the Court that your removal was invalid.
You need to write to the Company and its Directors and set out your position and ask that you be re-instated otherwise you will go to Court.
If they refuse then you can issue proceedings.
You need to complete form N208
The Court will then list the matter for a hearing and if contested make directions for the matter to be heard.
Then at the final hearing a Judge will make a decision
You are asking for an Order that the decision made to remove you is invalid because they did not follow proper process
The Court fee to issue the claim is £175 unless you qualify for fee remission
Can I clarify anything for you about this today please?
If they had followed the proper process are you saying that they could remove me even if I have a right to be a director under the articles? If they can apply 168 then surely I can re-appoint myself under the articles?
I did not say that. I said that if you follow the above process then the Court will declare that you can not be removed.
If you can not be removed then you are a Director.
Does that clarify?
Sorry to labour this but if they followed the process of s168 lawfully then would the court declare that I cannot be removed because of my right under the articles? Have I understood this correctly?
Yes that is right.
Does that help?
Yes, thanks. They did not follow the 28 day notice in any case so it would have been invalid. Does this make any other resolutions invalid if bundled into the same notice even if they would only require 14 days notice?
Yes it would.
Final question; is there any part of the legislation I can refer to which would confirm the other resolutions are also invalid?
The Companies Act 2006 is a HUGE piece of legislation!
But they have to follow the process for EGM's etc.
But look at Chapter 1