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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I live in block of flats. we have a agent. for the past 3

Resolved Question:

I live in block of flats. we have a agent.
for the past 3 years he has refused us an AGM.
Saying that legistation covers this
I believe this legistaton we have to have a company meeting to put it in motion we have not had a meeting for this and we never will
I am concerned that we have no control over our money
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I clarify whether a company owns the freehold please of which you are a member or shareholder?

Customer:

I am an owner

Joshua :

Thanks - do you own a share of the freehold through a company structure?

Customer:

no I own the leese holder to a flat

Joshua :

Thanks. Sorry I fully appreciate that. I am referring above to the freehold. Do you know who owns the freehold please?

Customer:

all the leese holders of the flats own the freehold

Joshua :

Thanks - do you know if they own the freehold through a Ltd company?

Customer:

yes before I bought the lease there was a company formed so that every lease holder had a share.

Customer:

HEATHEFIELD MANAGEMENT BROMBOROUGH LTD

Joshua :

Thats great. Thank you. Finally Do you know who the directors of the company are - they would usually be one or more residents?

Customer:

Me and two others

Joshua :

Thanks.

Customer:

what now

Joshua :

As a directory you have a right to call a general meeting under s302 of the Companies Act. The agent has no authority to stop you as director and you can proceed to call a meeting without any involvement of the agent whatsoever.

Customer:

but he has the accounts and money

Joshua :

You must give 14 days notice of the date of a general meeting to all the shareholders or members of the company.

Joshua :

As directory you can require the agent to disclose any information you require regarding the company. If he refuses to do so this is a breach of agency law as he owes fiduciary duties to the company as his principal and by extension to its directors.

Customer:

how do we get him to produce the accounts at that meeting

Customer:

thanks I was a bit fast as get the gist thankyou

Joshua :

You can ask the agent to send you all information you require immediately. if he refuses you can advise him that the company shall make an application to the county court to require disclosure as well as costs and reserves its right to also claim breach of contract in relation to his obligations to the company under agency law in refusing to accept instructions from his principal.

Customer:

ok thank you for your help

Joshua :

If the company finds itself in need of doing so which would be extraordinary as the agent has not a leg to stand on, it can make an application using part 8 application form (link below). If the company cannot work with the agent, the company may wish to consider dismissing him giving appropriate notice at an AGM you hold.

Joshua :

http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=424

Joshua :

A pleasure. If I can assist any further as the situation develops please do no hesitate to let me know.

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.

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