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Alex J.
Alex J., Law
Category: UK Property Law
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Experience:  LPC, 2 Years Conveyancing
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For a company incorporated in 1994 where there is nothing in

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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

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

Customer: replied 3 years 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%.






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

Customer: replied 3 years ago.

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


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

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