How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Alex J. Your Own Question

Alex J.
Alex J., Law
Category: UK Property Law
Satisfied Customers: 2495
Experience:  LPC, 2 Years Conveyancing
Type Your UK Property Law Question Here...
Alex J. is online now
A new question is answered every 9 seconds

For a company incorporated in 1994 where there is nothing in

Resolved Question:

For a company incorporated in 1994 where there is nothing in the articles of association about the calling of an EGM, Extraordinary General Meeting, what percentage of shareholders is required to call an EGM? Which Companies Act applies? Which default clauses apply? It is a company owning the freehold of a block of flats where the leaseholders have a share of the freehold being a share in the company
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Alex J. replied 1 year ago.
Hi

Thank you for your question and welcome to Just Answer.

The new companies act 2006 does not distinguish between an EGM and an AGM for private limited companies.

We therefore look to s303 of the Companies Act 2006 which states that members representing 5% of the voting rights can require the directors to calling a meeting of the members.

What business do you wish to transact?

Kind regards

AJ
Customer: replied 1 year ago.

Hi AJ. Thanks for the answer. Are you saying that the 2006 act overrides anything that might have been contained or implied by earlier acts, I mean in respect of the calling of EGM's? The company is the owner of the freehold of a block of flats. We the leaseholders each have a share in the company which is the share of freehold.


 


Our Directors have commissioned building work which we have not been fully consulted on and we want to call a meeting to discuss it. They are not doing that for us so we want to force them to have one. Is all we need to do for 5% of us to ask them to hold a meeting? I presume s303 has all the answers. 5% seems a little, I thought it was 10%.


 


Thanks


 


Richard

Expert:  Alex J. replied 1 year ago.
Hi

Thank you.

Other than table A which will still be relevant to the extent that it is incorporate into the company constitution the 2006 always prevails.

5% is low but I believe the legislation has just changed. It used to be 10% and relative to the last time the company held a meeting.

If the article are silent on the point you can rely on s303.

Kind regards

AJ
Customer: replied 1 year ago.

I'm happy to finish and give 5 stars. BTW what is Table A?

Expert:  Alex J. replied 1 year ago.
Hi

Thank you. Your feedback is greatly appreciated.

Table A is effectively part of the old forms of the Companies Act they are a form of articles of association. Many older companies still use Table A but in recent times it has been replaced by the Model Articles of Association.

These are of course both capable of being amended and tailored but nearly all companies have one of these form of articles in some form.

If your company still uses Table A in part where ever table A conflicts with the Companies Act 2006, the Companies Act will always prevail.

Kind regards

AJ
Alex J., Law
Category: UK Property Law
Satisfied Customers: 2495
Experience: LPC, 2 Years Conveyancing
Alex J. and 3 other UK Property Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Joshua

    Lawyer

    Satisfied Customers:

    4433
    LL.B (Hons), Higher Prof. Dip. Law & Practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4433
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/JA.64x64.jpg Law Denning's Avatar

    Law Denning

    Solicitor

    Satisfied Customers:

    2289
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    2244
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Lawyer

    Satisfied Customers:

    1198
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    809
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/AJ/ajlaj01/2012-5-9_14051_Profile1.64x64.jpg Alex J.'s Avatar

    Alex J.

    Law

    Satisfied Customers:

    400
    LPC, 2 Years Conveyancing
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    212
    Barrister 17 years experience