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Alex J.
Alex J., Solicitor
Category: Property Law
Satisfied Customers: 3696
Experience:  Two years conveyancing experience.
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can a share holder suspend a management company

Resolved Question:

can a share holder suspend a management company
Submitted: 2 years ago.
Category: Property Law
Expert:  Alex J. replied 2 years ago.
Alex J. : Hi. Thank you for your question and welcome. My name is ***** ***** I will assist you.
Alex J. : when you say suspend what exactly have they done?
Alex J. : Kind regards AJ
Customer:

the managing agency is not taking notice of any request i make to him and however he is answering to one of the directors only.

Customer:

and i disapprove of some of the expenses which i do not know about

Alex J. : Hi thank you . The shareholders can only influence the management of the company by resolution.
Alex J. : do you have the right to be appointed as a director?
Customer:

i am a director already

Customer:

the problem is the the director of the managing agency is ignoring all my emails and but he is responding to other director which makes me think that there is some thing going on as the director has 8 flats. the arguments started since i asked for the accounts of the company

Alex J. : Hi thank you as a director you are entitled to the accounts. How many directors are their? Write to the agent and say that they are deliberately inhibiting your ability to comply with your obligations as a director.
Alex J. : Say the accounts are company information which you are entitled to and they do not disclose them you reserve the right to:
Alex J. : 1 complain to trading standardsz:
Alex J. : 2. If they hold company funds complaint to the financial ombudsman.
Alex J. : i have to be honest with you, if you sent the above demand from a solicitor you have instructed, he
Alex J. : they are far more likely to cooperate as the headed paper of a solicitor carries the gravitas that you have been advised and know your rights.
Alex J. : my apologies for any typos, I am typing this in real time on my I Pad.
Alex J. : S.386 and s.387 of the Companies Act 2006 require the company to keep accounts and make it an offence of the officers if they do not. You can use this to put pressure on the management company to stop obstructing your ability to manage the company as you are obliged to do.
Alex J. : is the other director deliberately with holding information from you?
Customer:

i have sent a letter today to the management agency and this is the text

Customer:
RE: Formal Complaint and Request for Information


1. I have requested on numerous occasions via emails and telephone calls from yourself, contracts that fieldview has including the contract of PMMS or a copy of them. To date I have received nothing back.


2. I also requested from you a breakdown of the company accounts which you promised to provide me with but have failed to do so despite the numerous phone calls and the emails to you.


3. It has come to my attention recently that one of the shareholders, Mr Haidar has emailed you twice requesting to become a director and you haven't respond to him to date.


It has come to a stage now where I have had to seek a legal advice about your actions in you continuing to ignore my request for information that I am legally entitled to as a director of the company. It is apparent that you have a selective and preference in communication which has no basis or no legal grounds.


This is a formal complaint for which I would like a response to as to why I am not receiving the information I have requested. In addition to this would like the following above mentioned points addressed and information provided or necessary action to be taken.


Failure to respond to this formal complaint will leave me with no further option apart from escalating to the Property Ombudsman Service and/or taking further legal action.


I look forward to hearing from you.
Customer:

are you interested in answering my question?

Customer:

you have been very helpfull

Customer:

can you please let me know?

Customer:

although you didnot answer me i will rate you

Customer:

thanks

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