Business Law in Practice by Paul Raby

By Paul Raby

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They require the unanimous approval of all members. ● ● ● ● ● ● The registered office address. Details of the company’s main business activities. Details of the directors and company secretary. Details of the issued share capital. Names of past and present members. Whether elective resolutions are in place dispensing with the need for AGMs. The annual accounts and the annual return are discussed in more detail in Chapter 9. 283, CA 1985 every company must keep a register of directors and secretaries at its registered office, recording the name, address, business occupation, date of birth, nationality and details of other directorships held.

2 Resignation A director may resign his office in the manner provided in the company’s Articles. qxp 20 21/7/05 3:28 pm Page 20 PART ONE Best practice: company stakeholders notice, or as provided by a service contract. A director who has given proper notice of resignation cannot withdraw that notice. 3 Removal by the members The members of the company have the ultimate right to remove a director at any time. This basic right cannot be removed, either by the Articles or anything contained in the director’s service contract.

The Articles state the internal powers (or rules) of the company, including the powers of the directors. Each Companies Act contains a set of specimen Articles of Association, referred to as Table A, which companies can adopt or adapt to suit their own purposes. If a company limited by shares does not provide its own Articles, Table A of CA 1985 will be adopted by default. You will find references to specific Table A provisions throughout the text. To incorporate a new company, the Memorandum and Articles of Association must be filed with the Registrar of Companies, a public official also commonly referred to by the name of the government agency, Companies House, along with the following: ● Details of the first directors and company secretary, and the registered office (statutory Form 10).

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