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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am a director of the limited (68209) property company

Customer Question

I am a director of the limited (68209) property company which operates a 999yr lease of a building of 10 flats (1x£1 share for each flat).
For many years the affairs of the company have been managed (controlled!) by the company secretary who has been removed (by vote at extraordinary directors meeting) while remaining a director. The articles allow us to remove him as a director but not as a 'member' allowed to nominate a director to represent him at meetings.
Said person is being deliberately uncommunicative and repeated requests for the hand-over of papers, bank details, minutes, etc. are being met with silence. We have begun actions such as change of bank signatories and the acquiring of Companies House efilling password, but deadlines for all requests are being ignored.
My question is:
What legal action can we take to a) force the hand-over of materials essential for the running of the company, b) to penalise?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you.

What is this person refusing please?
Alex

Customer: replied 1 year ago.
Hello Alex,
I thought I had covered that. He is refusing to hand all papers and information needed to run the company.
Expert:  Ash replied 1 year ago.

Yes but why do you know? Just because he was voted out?

Customer: replied 1 year ago.
like a boy who has had his ball taken away.
Expert:  Ash replied 1 year ago.

Ok - it depends how much time you have and how quick you want to move:

1) Write a letter from the Company and ask for delivery up of all documents relating to the Company within 7 days or say you will go to Court

2) If that does not work then you can get a Solicitor locally to write a strong letter and ask for delivery up of Company property/documents or say you will go to Court. This should hopefully resolve it

3) If not then you need to complete form N208:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n208-eng.pdf

And N16a:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n016a-eng.pdf

The Court will list the matter for hearing and decide whether to make an order requiring the ex Secretary to deliver up all documents/company property.

If the Court does and the ex secretary refuses then this could be contempt of Court and he may be warned, fined or sent to prison

Can I clarify anything for you about this today please?
Alex

Customer: replied 1 year ago.
Thank you - I think we have established that he will not be moved by threats so we needed to know what action to take and will now act upon your information.
Expert:  Ash replied 1 year ago.

Great. If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex

Customer: replied 1 year ago.
I'm not sure what else I have to do. Will the thread of our conversation be available or must I copy and paste?
And sure I will rate you, thanks Bob
Customer: replied 1 year ago.
Am I cut off? I am not able to copy and paste ??
Expert:  Ash replied 1 year ago.

Sorry I was just having dinner!

You can come back to the question at any time or copy and paste yes.

Does that clarify? Alex

Customer: replied 1 year ago.
Alex, I am not able to cut and paste into word or anything!
Expert:  Ash replied 1 year ago.

Yes you can.

Alex

Customer: replied 1 year ago.
No I can't I assure you. Are yhou able to email the trail to the email address I gave? I have to make an appointment in 15 minutes
Expert:  Ash replied 1 year ago.

I can't do that as I can only see the questions.

But you should be able to copy and paste, I know I can from my end.

Otherwise the questions stays in your account and you can come back to it at any time.

If you still struggle please rate my answer and I can then forward to technical support.

Alex

Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Alex, please get your technical guys to get in touch with me. I paid the bill with pleasure but having got the feeling wee can do something in this case, I want to report the advice trail and ... well that's it ... I must leave it in your hands until after 9pm tonight when I get back? Bob
Expert:  Ash replied 1 year ago.

I have already sent it to tech support. How long it takes for them to get back in touch is out of my control.
I can only see questions sadly. Thanks!