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  • Bookworm105
    Bookworm105 Posts: 2,015 Forumite
    1,000 Posts First Anniversary Name Dropper
    edited 18 October 2024 at 1:49PM
    olisun said:
    a) Do the directors have to inform the shareholders when a director resigns?

    b) How would the (lease/share)holders know if and when they can put forward themselves for the position?
    a) not unless the articles of association require them to do so.
    There is normally no requirement to report to shareholders when someone resigns. 
    The articles may require that directors are deemed to automatically resign on a set frequency, or the articles may be silent on such an issue and therefore a director remains in post until such time as they are removed.
    The articles must cover the procedure for removal either by losing a formal vote (eg failing to be reappointed) or through HR/disciplinary action resulting in being sacked (if they have a contract from which they can be sacked, not all directors have contracts).

    b) read the articles. The procedure for that most certainly must be set out in them, either by vote at AGM or calling for an EGM and winning a proposal made at such EGM



  • MysteryMe
    MysteryMe Posts: 3,496 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    You can "follow" a company on companies house website and get alerted to any changes such as change of directorship.

    https://find-and-update.company-information.service.gov.uk/

    Search for the entity name, click on it and on the overview page on the top right under name and number you can click follow this company.

    You can access filing history and also current and past officers of the company under the people tab
  • DullGreyGuy
    DullGreyGuy Posts: 18,613 Forumite
    10,000 Posts Second Anniversary Name Dropper
    olisun said:
    Do the directors have to inform the shareholders when a director resigns?

    How would the (lease/share)holders know if and when they can put forward themselves for the position?
    Again, read the articles of association. 

    In most companies shareholders have the ability to get rid of directors but aren't involved in their appointment. There is no standard requirement for shareholders to be informed in the event of a resignation or appointment. If they are a statutory director then Companies House will be informed and its public record so you can set up alerts.

    Same as any job anyone can put themselves forward at any time for any role, the organisation will makes its decision on if they want you or not. Chances are better when there is actually a vacancy but in most of these setups the directors are unpaid so it's not as if there is a queue at the door.  




  • gm0
    gm0 Posts: 1,340 Forumite
    Seventh Anniversary 1,000 Posts Name Dropper
    AoA and RA's turned out to be the point of training camp "student politics" - consititutions - general meetings, resolutions, calling the quorum and for full ballots (referenda) etc.  Who knew that was what it was for.

    Good luck - you will definitely need it.  Along with dogged persistence.

    Uphill struggle with a passively resisting director and an apathetic or generally informal leaseholder group. 

    With our setup I have observed instances where directors have served for a time and somehow decisions convenient to them as an individual leaseholder have happened.  Freeholder approval of alterations is the classic.  Delegated to directors.  We never got around to making it a vote of shareholders item.  Nobody has been sufficiently enraged to make this the issue du jour.

    Actual grifting with related parties providing over priced services into the leaseholder recharge is another thing.  My sympathy if you have a rogue on the make.  We have been lucky so far.  Fingers firmly crossed.

  • Thank you for your response.....

    """" theartfullodger said:
    What does your lease say about the  matter, please?? Can't read it from here...
    We are a RMC so I am going with the assumption that company laws apply over here.
    Report """"

    Very interesting,  

    But, I repeat, What does your lease say about the  matter, please?? Can't read it from here...

    You have read the lease about this????
  • olisun
    olisun Posts: 55 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    What does your lease say about the  matter, please?? Can't read it from here...

    I read the lease and MA a few times over and there is nothing in the Lease or MA which explictly mentions about appointment of directors etc.
  • olisun
    olisun Posts: 55 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    olisun said:
    a) Do the directors have to inform the shareholders when a director resigns?

    b) How would the (lease/share)holders know if and when they can put forward themselves for the position?
    a) not unless the articles of association require them to do so.
    There is normally no requirement to report to shareholders when someone resigns. 
    The articles may require that directors are deemed to automatically resign on a set frequency, or the articles may be silent on such an issue and therefore a director remains in post until such time as they are removed.
    The articles must cover the procedure for removal either by losing a formal vote (eg failing to be reappointed) or through HR/disciplinary action resulting in being sacked (if they have a contract from which they can be sacked, not all directors have contracts).

    b) read the articles. The procedure for that most certainly must be set out in them, either by vote at AGM or calling for an EGM and winning a proposal made at such EGM




    I have gone throught the Lease, MO & AOA multiple times over and there is no explicit mention of any appointment of directors etc.

    https://ibb.co/YLvX3Kc

    https://ibb.co/DbfbzK4


  • olisun
    olisun Posts: 55 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    MysteryMe said:
    You can "follow" a company on companies house website and get alerted to any changes such as change of directorship.

    https://find-and-update.company-information.service.gov.uk/

    Search for the entity name, click on it and on the overview page on the top right under name and number you can click follow this company.

    You can access filing history and also current and past officers of the company under the people tab
    I have been following the company since I moved into this place.

    The problem is that the information is never kept upto date. For e.g. A Director sold his flat last year and left without resigning, his termination information was updated last week.

    The other director who sold and left in the month of May this year, his appointment nor his resignation details are available in the company house website.

    When I questioned this, I was told the director was not ready to give his personal information and hence was not registered.

    I only came to know that they were leaving by looking at their property for sale listing.
  • olisun
    olisun Posts: 55 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    olisun said:
    Do the directors have to inform the shareholders when a director resigns?

    How would the (lease/share)holders know if and when they can put forward themselves for the position?
    Again, read the articles of association. 

    In most companies shareholders have the ability to get rid of directors but aren't involved in their appointment. There is no standard requirement for shareholders to be informed in the event of a resignation or appointment. If they are a statutory director then Companies House will be informed and its public record so you can set up alerts.

    Same as any job anyone can put themselves forward at any time for any role, the organisation will makes its decision on if they want you or not. Chances are better when there is actually a vacancy but in most of these setups the directors are unpaid so it's not as if there is a queue at the door.  





    What is a statutory director?
  • olisun
    olisun Posts: 55 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Thank you for your response.....

    """" theartfullodger said:
    What does your lease say about the  matter, please?? Can't read it from here...
    We are a RMC so I am going with the assumption that company laws apply over here.
    Report """"

    Very interesting,  

    But, I repeat, What does your lease say about the  matter, please?? Can't read it from here...

    You have read the lease about this????

    There is no mention of it anywhere in the Lease.
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