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Nov, 2014

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  1. #1
    Join Date
    Jan 2011
    Posts
    490

    Default Company Sec RTM Co

    RTM Co have got the managing agents acting as company secretary. New leaseholder has become the director of the RTM Co, has not been told of any of the outstanding debts/problems!! Poor girl. She has tried for 2 weeks to get hold of the MA to call a emergency meeting but the ma are not returning her calls!! Do the members of the company have to have the company secretary in attendance at the meeting? Buildings ins runs out next week so we are all worried that it has not been sorted..What do you all suggest? The MA contract is a rolling one with a 3 month notice period. If they are not returning calls can they be sacked? I think maybe that they have wiped their hands of the situation or been given notice already, but maybee i am looking on the bright side!
    We the freeholders have offered to take over again, for our sins.
    I don't know what i would do without this place.

  2. #2
    Join Date
    Jun 2008
    Location
    oop north
    Posts
    5,128

    Default

    The company sec does not have to attend a meeting, but a
    representative of the agents would attend a meeting, as they / he
    /she / it , represent the company.

    refer to Meetings at http://ram2.hostbyet2.com/ to refreash your
    memory.
    From what you say, then any director can ask for a meeting, and the co sec
    has to do one within 21/ 28 days, or you can inform them you have
    called your own meeting, and they should attend on x date at x time,
    should the agent refuse to call a meeting.

    You can ALSO, if all the directors agree, to hold an emergency meeting
    at extreemly short notice, such as tomorrow at 8pm at flat number x.
    to discus / remove agents for gross incompetance, or whatever
    else, by a show of hands of the directors present at the meeting.

    Also 10% of members can call a meeting to be arranged by agent,
    and again if the dont. you do one yourselves, but giving 21 days
    notice to the agent.

    Your best bet is to call an emergency meeting of all directors, asked
    for by the new director.
    The agenda will be what to do about the agent who refuses to speak
    to a director, and for someone to personaly visit the agent, to find out
    if the insurance cheque has been sent off.
    It must be stated that it's extreemly important that the directors a
    grre to anemergency meeting and that they attend.

    You / someone should visit agent this week, preferably a director,
    and state that the directors run the company, and the agents are not to
    ignor the directors, as the agents are paid to act on behalf of the directors.

    BUT, if the agents HAVE sent off the insurance cheque, or are
    about to, then all this concern maybe seen as you / other director
    causing problems that dont exist, so get down there tomorrow, ( a director ) and find out whats happening.

    see how you go on any of above.

    R.a.M.
    Last edited by ram; 10-05-2012 at 15:05 PM. Reason: more sentences added

  3. #3
    Join Date
    Jun 2008
    Location
    oop north
    Posts
    5,128

    Default

    If it can be PROVEN that the agent is irresonsible, inept,and cannot
    be got hold of etc.etc.etc, then yes, you can sack them, for breach of
    contract, and immediately if proof is conclusive and damming..
    But only a letter signed by all the directors can get rid of the agents.

    The directors can also sack the company secretary for gross misconduct,
    and vote in another company sectretary, ( you ? if you want the hassle )

    R.a.M.

  4. #4
    Join Date
    Jun 2010
    Location
    Foundation trench for New Shed@ Ham on Rye
    Posts
    15,083

    Default

    The bad news is that if the articles are standard the appointment is invalid, there is no other director to co-opt them nor has an ordinary resolution been arranged by the CoSec either by way of a meeting or written resolution.

    If everyone is worried the they should jolly well stop !"£%£""g bleating and hold an EGM, appoint directors and get
    1: insurance renewed
    2: terminate the agent's appointment for cause ( be careful the contract may have a warning clause)

    There is no point their being worried about it .. Act on it !!

    No the Co Sec need not be there.

    I suspect they are owned fees and have washed their hands of it.

    In the meantime
    1: call the insurers and ask for a copy of the renewal invoice, and arrange each of you to draw a cheque to AN other broker and pay it direct, or
    2: As an RTM arrange quotes and place new insurance policy elsewhere.
    Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers. More ramblings atleaseholdpropertymanager.blogspot.com

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