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How to push for an AGM?

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  • 14-09-2018 1:47pm
    #1
    meglome
    Registered Users Posts: 7,980 ✭✭✭


    If a limited company has not held an AGM for maybe three years what mechanism is there to make the AGM happen?

    I've done some web searches which do talk about EGM's but can't seem to find the mechanism to just have the standard AGM actually happen.

    Thanks in advance.


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    #2
    ACADasltiv
    Registered Users Posts: 79 ✭✭ACADasltiv


    Unless it's been agreed by the members, the Company can't go more than 15 months without holding an AGM. If you're a shareholder and the directors have told you they won't hold an AGM then the only thing you can really do is contact the ODCE using their complaint form. There's a section on the complaint form for AGM's.


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    #3
    meglome
    Registered Users Posts: 7,980 ✭✭✭meglome


    ACADasltiv wrote: »
    Unless it's been agreed by the members, the Company can't go more than 15 months without holding an AGM. If you're a shareholder and the directors have told you they won't hold an AGM then the only thing you can really do is contact the ODCE using their complaint form. There's a section on the complaint form for AGM's.

    Perfect thanks.


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    #4
    pedroeibar1
    Closed Accounts Posts: 5,108 ✭✭✭pedroeibar1


    It’s a bit more complex than written above.
    I agree that the ODCE has the power to instruct an AGM be held BUT we do not know the full details of the OP’s case with regard to role/position. For example, ‘Single Member’ companies can pass a written resolution dispensing with the AGM. Also, if the company is less than 18 months old there is no requirement (yet) to hold an AGM.


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    #5
    meglome
    Registered Users Posts: 7,980 ✭✭✭meglome


    pedroeibar1 wrote: »
    It’s a bit more complex than written above.
    I agree that the ODCE has the power to instruct an AGM be held BUT we do not know the full details of the OP’s case with regard to role/position. For example, ‘Single Member’ companies can pass a written resolution dispensing with the AGM. Also, if the company is less than 18 months old there is no requirement (yet) to hold an AGM.

    To clarify. This isn't for me but the company has been trading for 4 years I believe and there has been no AGM for around 3 years, it's not single member and there was no resolution on dispensing with the AGM. As I read it the link from ACADasltiv would apply. I appreciate the feedback.


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    #6
    Glass fused light
    Registered Users Posts: 1,576 ✭✭✭Glass fused light


    Why is there now the need for an AGM?
    It may be better to look at the underlying reason and tackle it and for the shareholder to look if this company setup is the right investment platform because unless they can gather or currently hold a majority of the votes they will loose any resolution at the meeting.


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    #7
    meglome
    Registered Users Posts: 7,980 ✭✭✭meglome


    Glass fused light wrote: »
    Why is there now the need for an AGM?
    It may be better to look at the underlying reason and tackle it and for the shareholder to look if this company setup is the right investment platform because unless they can gather or currently hold a majority of the votes they will loose any resolution at the meeting.

    I think the reasoning is to force the issue rather than actually go for enforcement. As for the full details of why an AGM might be needed now I'm not sure.


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