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Ed Turner
Ed Turner,
Category: Law
Satisfied Customers: 1148
Experience:  Director and Consultant Solicitor (Self-Employed) at Ed Turner LLB Limited
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We have a private limited company. the secretary is playing

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we have a private limited company.
the secretary is playing a bully
i have conducted voting to remove the managing agency. AND ANOTHER TO REMOVE 2 of the current DIRECTORS
the agency is manipulating the other directors.
if they do some misconduct act
WHOM DO I REPORT THEM TO?
WHAT IMPACT DOES IT HAVE ON 1- DIRECTORS 2- MANAGING AGENCY AND THE SECRETARY WHICH IS THE MANAGING AGENCY?
WHAT
IF THE VOTE TO REMOVE THE DIRECTORS WAS PASSED BY THE MAJORITY of SHAREHOLDERS.
CAN I ACT ACCORDENLLY AND REMOVE THEM FROM THE COMPANIES HOUSE?
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Customer: replied 14 days ago.
no problem
Customer: replied 14 days ago.
hello????

Hello. I am Ed, a Solicitor qualified in England & Wales with over a decade’s experience in the legal profession advising clients.

I specialise in Commercial Contracts, Business Transactions, Employment, Dispute Resolution, Personal Injury and Road Traffic Law and will be able to resolve your legal problem today.

Regarding the site’s automatic offer of a Premium Service Phone Call, I shall be delighted to talk with you by phone to discuss your issue in greater detail if you accept the offer.

However, if you do not want a phone call, please cancel the offer for a Premium Service Phone Call and you will not be charged extra.

To enable me to answer your query, please provide me with some further information.

Have you terminated the offending parties' contracts of employment and/or offices as director and secretary with your company?

Customer: replied 13 days ago.
I did not terminate any contract yet
But I have received the votes back it’s by the majority to terminate the contract with the agency.
The votes are
24 with
1 against
11 didn’t respond
Regarding the directors
As well I have the majority of votes to remove them
The secretary is the managing agency
I did not remove them yet
As I am not sure if I can remove them before the end of the termination notice

Is the issue with the Management Agency?

If so, you can terminate their contract by giving notice under the contract.

Customer: replied 13 days ago.
Customer: replied 13 days ago.
ok,WHOM DO I REPORT the agency TO if the agency is not compliant?

https://www.lease-advice.org/article/property-management-redress-schemes-what-leaseholders-need-to-know/

The Property Ombudsman and The Property Redress Scheme.

There is a state regulator for property management companies in the pipeline but it is not yet establishment.

I hope this resolves your enquiry. Please revert to me if you require any clarification of my answer to your question and I will be delighted to assist.

Otherwise, I shall be grateful if you will please mark your enquiry as “Closed” and give me a “Positive” rating in order to conclude this matter.

Kind regards

LawyerEd

Customer: replied 12 days ago.
Can remove the agency from the companies house from being a secretary?
Can complain about the agency to the company house for not being compliant

There are no specific legal requirements as to the appointment or removal of a Company Secretary. However, although the Financial Reporting Council (“FRC”) suggests in paragraphs 80 and 85 of the FRC Guidance that the appointment and removal of the company secretary should be a matter for the board as a whole and the remuneration of the company secretary should be determined by the remuneration committee: https://www.frc.org.uk/directors/corporate-governance-and-stewardship/uk-corporate-governance-code/frc-guidance-for-boards-and-board-committees

The removal of Company Secretaries must be notified to Companies House on Form AP03: https://www.gov.uk/government/publications/appoint-a-secretary-ap03

Customer: replied 11 days ago.
Even if the termination was by shareholders' vote?
also,
regarding the vote
who has the right to view the votes?
Directors?
Managing agency?

The decision to terminate the Company Secretary and Managing Agency's appointments should have been made by the directors and recorded in board minutes. If it was put to the shareholders for a vote at a General Meeting then there was nothing wrong with this, but legally, it was not necessary.

Customer: replied 11 days ago.
if I request a call
how long the call will be?
Customer: replied 11 days ago.
due to the corona,
the agency canceled the AGM
Therefore the shareholders decided to vote on to remove the agency and instructed me as a director to conduct this vote for them.
so I sent the voting form, the majority voted to remove the managing agent.

We can speak for around 15-20 minutes.

Ed Turner,
Category: Law
Satisfied Customers: 1148
Experience: Director and Consultant Solicitor (Self-Employed) at Ed Turner LLB Limited
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