Director refusing to hand over accounts

00ec25

m0bov wrote: »

We barely get more than a couple attend, its just descends into arguments and t*t for tate between the two long serving directors who both strongly disagree with each other. The AGM ended because we ran out of time and it was just an argument.

One D says there should be 18 shares, with value of the freehold, other D says dormant company, no value, 1 share £1.

We want to have the records audited and then filled, he refuses.

look, you've been told how to do this several times

the company's articles and memo of association are a public record accessible on Companies house website under the filing history for the company

they are the company rule book

read them

apply the rules

you do not need an audit, you need to talk to the accountants signing off the accounts and ask them to explain how they have been prepared. You are directors, behave like directors and take charge.

who does the land registry list as freeholder? A property management / RTM (right to manage) company does not have to be the freeholder in order to manage a property. An RTM could very well be dormant if there were no works undertaken in the year - although in that case the existence of a bank account would need to be checked.

m0bov

00ec25 wrote: »

look, you've been told how to do this several times

the company's articles and memo of association are a public record accessible on Companies house website under the filing history for the company

they are the company rule book

read them

apply the rules

you do not need an audit, you need to talk to the accountants signing off the accounts and ask them to explain how they have been prepared. You are directors, behave like directors and take charge.

who does the land registry list as freeholder? A property management / RTM (right to manage) company does not have to be the freeholder in order to manage a property. An RTM could very well be dormant if there were no works undertaken in the year - although in that case the existence of a bank account would need to be checked.

Wow are you having a bad day?!

TripleH

Are anynof the flats rented out? If there are investment properties, this is actually a positive as you can get their owners to act by suggesting their investments are potentially at risk.

You need to act , whatever you do DO NOT LET THE COMPANY GET STRUCK OFF otherwise you could loose the freehold on the property.

As directors you are all equally responsible for running the company, if one person tries to take charge and refuses to let the rest of you get access to information, you need to remove them.

Kick the other director out if he refuses to co-operate he has no more power than each one of the other directors whatever he tries to tell you.

edgex

m0bov wrote: »

Ground rent is not collected!

Is there ground rent payable?
Service/maintenance charge?

Is there stuff the freeholder is supposed to be doing, stuff they are responsible for?

00ec25

m0bov wrote: »

Wow are you having a bad day?!

I'll take that as you are unable to process the info already provided?

da_rule

The other shareholders don’t have to attend. Go door knocking, take some shareholder proxy forms appointing you as their proxy, ask them how they want you to vote on their behalf (for or against the resolution etc), lodge them with the company and job done, you suddenly have the votes of 18 shares under your control.

Without being offensive you seem to have a very limited grasp of your rights and obligations (and potential liabilities) as a director and shareholder. If I were you I would arrange for someone to delivering some training to all of the directors so that they know what they should be doing.