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Requisition company statement
📑 Members' requisition
Section 338 Members' Requisition Of Public Company For Resolution To Be Moved At AGM
Section 338 Members' Requisition Of Public Company For Resolution To Be Moved At AGM
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Genie AISource file
section_338_members'_requisition_of_public_company_for_resolution_to_be_moved_at_agm__template.docxJurisdiction
England and WalesCost
Free to useRelevant sectors
Type of legal document
📑 Members' requisitionBusiness activity
Requisition company statementA member's requisition is a formal request made by a member of parliament to the Speaker of the House of Commons for the issue of a writ for a by-election. The Speaker must issue the writ within 21 days of the requisition being made. A requisition must be signed by at least two members of parliament.
The legal template titled "Section 338 Members' Requisition Of Public Company For Resolution To Be Moved At AGM under UK law" outlines the process and requirements for shareholders of a public company in the United Kingdom to initiate a resolution to be addressed at the Annual General Meeting (AGM).
In the context of company law, shareholders hold certain rights and powers, and this template specifically focuses on the provision outlined in Section 338 of the UK Companies Act. Section 338 enables members (shareholders) of a public company to exercise their right to requisition a resolution in order to address matters they deem important or necessary for discussion and decision during an AGM.
The template likely contains essential components such as the requisitioning process, deadlines, criteria for members' eligibility, and the specific information that needs to be included in the requisition notice. It may also address the formalities and procedures that need to be followed for submitting the requisition to the company's directors or company secretary.
Additionally, the template could outline the steps that the company and its directors need to take upon receiving a valid requisition, including notification to all shareholders, inclusion of the resolution in the AGM agenda, and any other procedures to ensure compliance with legal requirements.
Overall, this legal template serves as a guide for shareholders to exercise their right to requisition a resolution at the AGM, ensuring transparency, effective corporate governance, and shareholder engagement within the framework of UK company law.
In the context of company law, shareholders hold certain rights and powers, and this template specifically focuses on the provision outlined in Section 338 of the UK Companies Act. Section 338 enables members (shareholders) of a public company to exercise their right to requisition a resolution in order to address matters they deem important or necessary for discussion and decision during an AGM.
The template likely contains essential components such as the requisitioning process, deadlines, criteria for members' eligibility, and the specific information that needs to be included in the requisition notice. It may also address the formalities and procedures that need to be followed for submitting the requisition to the company's directors or company secretary.
Additionally, the template could outline the steps that the company and its directors need to take upon receiving a valid requisition, including notification to all shareholders, inclusion of the resolution in the AGM agenda, and any other procedures to ensure compliance with legal requirements.
Overall, this legal template serves as a guide for shareholders to exercise their right to requisition a resolution at the AGM, ensuring transparency, effective corporate governance, and shareholder engagement within the framework of UK company law.
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5. Implementation and Documentation: This section guides the company on the necessary steps to implement the board's decision and appropriately document it in board minutes, annual reports, or any other relevant documentation.
It's important to note that specific legal advice should be sought when using this template, as it merely serves as a starting point and should be customized to comply with the specific circumstances and intricacies of the company's situation and applicable UK laws and regulations.
The template is designed to assist companies in documenting a board resolution that addresses such a requisition made by members. It outlines the specific procedures and considerations that the board of directors must follow when evaluating the requested matter's inclusion in the AGM's agenda.
The template would typically include the following sections:
1. Introduction: This section provides an overview of the purpose and context of the template, highlighting the relevant legal provisions and obligations imposed by Section 338A.
2. Requisition Details: Here, the template prompts the company to provide a summary of the requisition made by members, including the specific matter requested to be included in the AGM's business.
3. Board Consideration: This section outlines the steps to be taken by the board when evaluating the requisition. It may include requirements to seek legal advice, assess the matter's legality and materiality, and consider its potential impact on the company and its shareholders.
4. Decision-Making Process: The template instructs the board to determine whether the requisitioned matter should be included in the AGM's agenda or be excluded, with adequate justifications for the decision reached. It may also address procedural steps for notifying members of the board's decision.
5. Implementation and Documentation: This section guides the company on the necessary steps to implement the board's decision and appropriately document it in board minutes, annual reports, or any other relevant documentation.
It's important to note that specific legal advice should be sought when using this template, as it merely serves as a starting point and should be customized to comply with the specific circumstances and intricacies of the company's situation and applicable UK laws and regulations.
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