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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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Hi, I own a flat within a property of 5 units, it is a share

Customer Question

Hi, I own a flat within a property of 5 units, it is a share of freehold held through a limited company, of which I am a director (and a shareholder) - please note that there are 5 units, but only 4 shares released and only 2 directors currently appointed.
(However one share still under a deceased person, so technically there are only 3 shares at the moment).
( I am one of the director and a shareholder)
We normally are managed by a third party managing agent.
A new manager was appointed last May,
unfortunately the new managing agent, was not able to transfer quickly,
and in fact the full transfer was complete just a couple of weeks ago.
, this has caused some unexplained and unverified arrears which the new managing agent wants me to pay now.
In addition the new managing agent hasnt been able to get any funds back from the previous managing agent, and funds have in fact misteriously disappeared.
So I've been asking the new managing agent (who is also the secretary of the company) to provide me all accountancy documentation he has in hands but he has refused so far to send me anything and yesterday - after my latest email enquiring about their complaint procedure the new agent told me that he is not going to reply to me any longer and that I am not entitled to complaint and that if I get in touch with him one more time he will sue me for harassment.
I found this behaviour completely nonsense, unprofessional and illegitimate,
please let me know your legal point of view. thx
(Please note that I instructed to be managing agent, I signed their contract last June)
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Is the old managing agent still open and solvent?
Who do you think is to blame for the missing funds? Is it the old managing agent?
Kind regards
AJ
Customer: replied 2 years ago.

Hi AJ,

the new managing agent told me on the phone (recorded phone all)

that the previous managing agent didnt transfer any funds,

so I believe that the old managing agent is to blame,

however the new managing agent has all balances,

and without them I cannot invesitigate,

the old managing agent as far as I know is still operating,

thx,

L

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Practically is it an option to terminate your agreement with the new managing agent?
Kind regards
AJ
Customer: replied 2 years ago.

ok, I'd like to know:

Am I entitled to end the agreement I signed with new managing agent,

or do I need the approval from the other director and shareholder in order to do so?

If the other director/shareholder do not respond to my urgent queries,

can I act in emergency for the sake of the company?

Can I remove the other director if I believe that he is not acting for the benefit of the company?

The new managing agent refused to send me the accountancy, isn't he bound to do so? What can I do in order to get him to send me those balances?

Can the new managing agent tells me that I am not entitled to issue a complaint because I haven't paid service charges to them as yet?

Can my emails to the managin agent enquiring about the balances constitute a harassment ?

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
I will draft a response to this.
It may take me some time so please do not be concerned if you do not hear from me right away.
Kind regards
AJ
Customer: replied 2 years ago.

ok, thx,

although it's a urgent matter, it's really important to have accurate advice,

so please let me add one more question:

I appointed the new managing agent as a secretary about a month ago, now can I change secretary myself? or do I need to have approval from the other director/ shareholder in order to change secretary?

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Can you confirm that the Company uses Table A Articles of Association? When was the company formed?
Kind regards
AJ
Customer: replied 2 years ago.

the company was incorporated on 31 January 1996

Customer: replied 2 years ago.

the company was incorporated on 31 January 1996

Customer: replied 2 years ago.

hi, I keep replying to this question!

whats happening??

it was incorporated on 31 January 1996 !

Customer: replied 2 years ago.

ok, now I saw all my replies, ;)

do you have any news?

Customer: replied 2 years ago.

HI I really need to receive a reply,

thx

Customer: replied 2 years ago.

please note I think its important to note that when I appointed the new director I did not receive the approval from the other shareholders.

So can I null the apppointment and wait for the sharehodlers approval?

Customer: replied 2 years ago.

HI Alex,

can I please receive a reply?

Customer: replied 2 years ago.
Relist: Other.
didn t receive an answer yet :(

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