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Kasare
Kasare, Solicitor
Category: Law
Satisfied Customers: 1301
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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My mother is a member/shareholder of a Management Company that

Customer Question

My mother is a member/shareholder of a Management Company that looks after a block of flats.
In the event of her death, would her executor (as her legal representative) have the same voting right at the annual meeting?
Chris
Submitted: 2 years ago.
Category: Law
Expert:  Kasare replied 2 years ago.
Good morning, my name is ***** ***** I will try to assist you with this.
Unless there is any specific limitations in the will then yes, the executor as the personal representative of the estate has the power to act in place of the deceased to do whatever he or she could have done. The executor must, however, exercise the same degree of care and ensure he acts in a manner to protect the beneficiaries and the estate.
I hope this answers your question. If you have any further questions on this please ask.
Kasare and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thanks. How can I obtain names of members of a company limited by guarantee. Companies House does not have details and Managing Agent refuses!

Chris

Expert:  Kasare replied 2 years ago.
Hi Chris
Is this regarding your previous question? I am afraid if it is not, you will need to ask this as a separate question - which I would be happy to assist you with.
Customer: replied 2 years ago.

Hi Kas

Yes, this is the same company that I am having problems with the managing agent.

C

Expert:  Kasare replied 2 years ago.
Ok, so is your mother still alive as your initial question referred to "in the event of her death"?
If she is still alive - are you dealing with the agent on her behalf? What is the issue?
Customer: replied 2 years ago.

My mother is now deceased and the managing agent has been provided with all legal papers, as I am her executor. A number of members wish to appoint a new director to this company that manages the block of flats. This company is limited by guarantee and the managing agent will not supply names/contacts for members.

Chris

Expert:  Kasare replied 2 years ago.
Hi Chris, thanks for confirming that.
Dealing with these agents can be a nightmare, especially if they fear they are going to lose the power that they have. Have you gone through your mothers papers to find details of an AGM, the shareholders should be listed on that.
Is the agent regulated by ARMA (Association of Residential Managing Agents)? If so, I would suggest you write to this agent advising that you are the legal executor of your mothers property and are legal obliged to deal with all of her affairs including her property.
Advise the agent that you require the documents/information requested within 14 days failing which you will make a formal complaint to ARMA (http://arma.org.uk/) and the other members by letter to their properties.
Also remind him, if he is a "director" of his duties under the Companies Act such as the duty to act within their powers, their duty to act for the benefit of the company, and their duty to act with reasonable care, skill and diligence. Remind him that penalties are imposed by the Act for acting outside of such duties and you will seek to make formal complaints if he fails to comply.
Customer: replied 2 years ago.

Thanks Kas. Sadly the Company is not a ARMA member. There is 1 director who is the 'puppet' of the managing agent, a Mrs Lewis.


She has ignored a letter from my solicitor, so I guess I must ask her or the Director, for a list of members to introduce 'our' prospective Director?


 


Chris