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Companies Act 2006

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Changes over time for: Section 338A

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Status:

Point in time view as at 31/12/2020.

Changes to legislation:

Companies Act 2006, Section 338A is up to date with all changes known to be in force on or before 05 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

[F1338ATraded companies: members' power to include other matters in business dealt with at AGMU.K.

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(1)The members of a traded company may request the company to include in the business to be dealt with at an annual general meeting any matter (other than a proposed resolution) which may properly be included in the business.

(2)A matter may properly be included in the business at an annual general meeting unless –

(a)it is defamatory of any person, or

(b)it is frivolous or vexatious.

(3)A company is required to include such a matter once it has received requests that it do so from—

(a)members representing at least 5% of the total voting rights of all the members who have a right to vote at the meeting, or

(b)at least 100 members who have a right to vote at the meeting and hold shares in the company on which there has been paid up an average sum, per member, of at least £100.

See also section 153 (exercise of rights where shares held on behalf of others).

(4)A request—

(a)may be in hard copy form or in electronic form,

(b)must identify the matter to be included in the business,

(c)must be accompanied by a statement setting out the grounds for the request, and

(d)must be authenticated by the person or persons making it.

(5)A request must be received by the company not later than—

(a)6 weeks before the meeting, or

(b)if later, the time at which notice is given of the meeting.]

Textual Amendments

F1S. 338A inserted (3.8.2009) by The Companies (Shareholders' Rights) Regulations 2009 (S.I. 2009/1632), reg. 17(1) (with application as stated in reg. 1(2))

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