Notification for an AGM

DerryRed

Hi,

I am part of a Resident's Association in a development in Finglas. We have an upcoming AGM and I was wondering if anyone here could help me with a question.

The companies Act states that notification of an AGM should be at least 21 days. We just received a letter today (10th April) stating that the AGM will be on 26th April. This is only 16 days notice. However the letter is dated 3rd April.

Do you know if we should be entitled to ask for more notice for the AGM? We are not sure if the 21 days constitutes the date when the notice is received or the date when the letter is dated.

Your help is appreciated.

Regards

godtabh

Does the companies act apply to Resident's Association meetings is the first question I'd ask

is_that_so

Edited : Good practice to notify people well in advance even if the companies act doesn't cover it.

godtabh

is_that_so wrote:

Edited : Good practice to notify people well in advance even if the companies act doesn't cover it.

I was just pointing out that the companies act probably doesnt apply here but who ever had called the AGM probably tried to give enough notice so people could prepare for it but the letter arrived late.

DerryRed

Hi,

Just to clarify.

We are having problems with the management company that are looking after our development. We have recently set-up a Residents Association with a view to making our voice heard.

We received notification from the Management Company that there will be an AGM held on the 26th April. We only received notification today (10th April) about the meeting. That only gives us 16 days notice.

According to the Companies Act, at least 21 days notice should be given for the date of an AGM. We are considering asking the company to put the date back given that we have not got at least 21 days notice. However the letters are dated 3rd April even though we only received them today.

I'm just wondering if we have any grounds on which to delay the AGM (due to short notice).

Basically if we approached them have the a right to say that because the letters are dated 3rd April, we have been given at least 21 days notice, even though we only received these today.

Regards

Frank

godtabh

Who is the AGM for?

If its a Residents Association AGM the notice of the AGM is set out in your consitution.

If its an AGM for the management comapny which stakeholders are meant to attened then I think the companies act applies.

But if they are calling an AGM for a proerty they manage I'm not sure if it applies.

But if you want some advice I would've thought it would be in your interest to call your own AGM and invite the managment company to attend because its you housing estate and hence the reason why you set up the Residents Association.

Victor

When was the envelope postmarked?

I don't think you have a case if it was postmarked the 4th/5th - that gives you 21 days. If it was postmarked the 9th, thats another matter.