Motions to AGM - when do they become legal

jm08

If a motion is put to and passed at an AGM of a limited company, when does it apply from (i.e., immediately at that AGM or from the next General Meeting).

Would this be written into the Articles of Association?

Thanks for any help.

Victor

I think it would depend on the wording of the motion. Some motions will specify a date / time they come into effect, e.g. the management agent shall be appointed on 1 May 2016 or the service charge shall be €1,000 per apartment from 1 January 2017 or "on passing of this motion, rule XYZ is ...".

However, I suspect you are hinting at a motion that changes the rules of either the company or the AGM. Such motions should be done very carefully.

The Articles of Association might set out rules, you would have to check.

jm08

Victor wrote: »

I think it would depend on the wording of the motion. Some motions will specify a date / time they come into effect, e.g. the management agent shall be appointed on 1 May 2016 or the service charge shall be €1,000 per apartment from 1 January 2017 or "on passing of this motion, rule XYZ is ...".

However, I suspect you are hinting at a motion that changes the rules of either the company or the AGM. Such motions should be done very carefully.

The Articles of Association might set out rules, you would have to check.

Thanks for replying. I'm questioning a motion to an agm that changes the eligibility of people to be elected to the council. It is poorly worded with no operable date.

I might have a bit of a job finding out as the secretary has already refused to supply me with an up to date copy of the Articles of Association!

glued

jm08 wrote: »

Thanks for replying. I'm questioning a motion to an agm that changes the eligibility of people to be elected to the council. It is poorly worded with no operable date.

I might have a bit of a job finding out as the secretary has already refused to supply me with an up to date copy of the Articles of Association!

You can get a copy from the CRO or Vision Net but you'll have to pay a small fee.

jm08

glued wrote: »

You can get a copy from the CRO or Vision Net but you'll have to pay a small fee.

Would the Articles of Association be available from either of those two. It doesn't state whether I can get those or not (just list of Directors, financial accounts etc).

Fred Swanson

This post has been deleted.

Hunchback

Novice here - is there not an obligation on the secretary to provide a copy of the articles to a member if requested or they can be reported to the Office of the Director of Corporate Enforcement?

CIARAN_BOYLE

jm08 wrote: »

Would the Articles of Association be available from either of those two. It doesn't state whether I can get those or not (just list of Directors, financial accounts etc).

Its probably titled something different. Constitution or Application to register or something.

hullaballoo

Although the name of the documents may have changed and their form consolidated under the new Act, I think it's safe to assume the CRO staff will know what you're after if you look for the memorandum and articles of association.