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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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If we hold an egm and dismiss the company, how do we get rid

Resolved Question:

If we hold an egm and dismiss the company, how do we get rid of the committee if they fail to go.
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
not company, typo..should be committee.
This is a small club with approx 80 shareholder members.
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.Just to be clear there was an EGM and they refused to go despite being voted out?Alex
Customer: replied 1 year ago.
We held an egm in January to question the dismissal of three club members (I was one of them). At this egm (which the members called) the committee attended but refused to allow discussion or a vote on the agenda.
We have now asked the committee to hold a second egm with a different agenda, this time it is a vote of no-confidence and the dismissal of the committee.
It is my opinion that the committee will not call this egm and we will be forced to have a member's egm. I also feel they will not accept the vote and their dismissal if we succeed. My question is what legally can we do to remove them from office.
Expert:  Ash replied 1 year ago.
how many shareholders do you have and do the majority support an EGM?
Customer: replied 1 year ago.
There are 80 paid up members of the club. I understand we need 5% of the membership to ask the committee to call an egm. This has been done and the committee have 21 days from the receipt of the letters. if they have not called an egm by March 14th then we can call a member's EGM as long as we have the agreement of 50% of those that signed the letters to the committee. We delivered 15 letters to the club on 20 February. All 15 agreed that I could act to call a member's EGM.
I firmly believe we will get a majority support at the EGM. The members are disgusted at the way we have been thrown out of the club without discussion or appeal. Dismissal came out of the blue, by letter and without explanation. One of the three had to wait 2 and a half months for the reasons why he had been dismissed. A member of 38 years standing.
Expert:  Ash replied 1 year ago.
So you want to know what happens if they refuse? Well then in theory all actions they take after that are not binding.You would be able to get a court order to make them hold the EGM. You would need to complete forms N1http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdfAnd N16ahttp://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdfIf there is an EGM and they refuse to be bound you still need to complete the above processThe court would list the matter for hearing and decide whether to make them call or be bound by the EGM.If the court does and they refuse, this is contempt of court which they can be warned, fined or sent to prison.Can I clairfy anything for you about this today please?Alex
Customer: replied 1 year ago.
OK, that is what I suspected.
I have been told (by a layman) the cost of a court order is substantial, is that correct? Are we talking hundreds of pounds?
Expert:  Ash replied 1 year ago.
it's £280 just to issue the claim plus any legal costs if you want to be represented.If you win you may get those costs back.
Expert:  Ash replied 1 year ago.
Does that clarify?Alex
Customer: replied 1 year ago.
Yes, I think you have answered what I need to know.
Thank you
Expert:  Ash replied 1 year ago.
Good luckAlex
Expert:  Ash replied 1 year ago.
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