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Closed level - click to open| Companies Act 2006 (c. 46) | |||
| Main body | |||
| Part 13 Resolutions and meetings | |||
| Chapter 4 Public companies: additional requirements for AGMs | |||
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Public companies: members' power to require circulation of resolutions for AGMs
(1)
The members of a public company may require the company to give, to members of the company entitled to receive notice of the next annual general meeting, notice of a resolution which may properly be moved and is intended to be moved at that meeting.
(2)
A resolution may properly be moved at an annual general meeting unless—
(a)
it would, if passed, be ineffective (whether by reason of inconsistency with any enactment or the company's constitution or otherwise),
(b)
it is defamatory of any person, or
(c)
it is frivolous or vexatious.
(3)
A company is required to give notice of a resolution once it has received requests that it do so from— See also section 153 (exercise of rights where shares held on behalf of others).
(a)
members representing at least 5% of the total voting rights of all the members who have a right to vote on the resolution at the annual general meeting to which the requests relate (excluding any voting rights attached to any shares in the company held as treasury shares), or
(b)
at least 100 members who have a right to vote on the resolution at the annual general meeting to which the requests relate and hold shares in the company on which there has been paid up an average sum, per member, of at least £100.
(4)
A request—
(a)
may be in hard copy form or in electronic form,
(b)
must identify the resolution of which notice is to be given,
(c)
must be authenticated by the person or persons making it, and
(d)
must be received by the company not later than—
(i)
6 weeks before the annual general meeting to which the requests relate, or
(ii)
if later, the time at which notice is given of that meeting.
I1 | S. 338 wholly in force at 1.10.2007; s. 338 not in force at Royal Assent see s. 1300; s. 338 in force at 1.10.2007 by S.I. 2007/2194, art. 2(1)(f) (with saving in art. 12 and subject to transitional adaptations specified in Sch. 1) |
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| Version no | Start date | End date | Extent | Confers power | Blanket amendment |
|---|---|---|---|---|---|
| > 1 | 01/10/2007 | E+W+S+N.I. | N | N |