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The RTM Companies (Model Articles) (Wales) Regulations 2011

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PART 3BECOMING AND CEASING TO BE A MEMBER

Application for membership

26.—(1) Subject to paragraph (2), every person who wishes to become a member of the company must deliver to the company a completed application for membership in the following form (or in a form as near to the following form as circumstances allow or in any other form which is usual or which the directors may approve):

  • To the Board of [name of company], I, [name] of [address] am a qualifying tenant of [address of flat] and wish to become a member of [name of company] subject to the provisions of the Articles of Association of the company and to any rules made under those Articles. I agree to pay the company an amount of up to £1 if the company is wound up while I am a member or for up to 12 months after I have ceased to become a member. [Signed by applicant] [Dated]

(2) No person is entitled to be admitted to membership of the company unless that person, whether alone or jointly with others, is—

(a)a qualifying tenant of a flat contained in the Premises as specified in section 75 of the 2002 Act; or

(b)from the date upon which the company acquires the right to manage the Premises pursuant to the 2002 Act, a landlord under a lease of the whole or any part of the Premises.

(3) A person who, together with another or others, is to be regarded as jointly being the qualifying tenant of a flat, or as jointly constituting the landlord under a lease of the whole or any part of the Premises, is, once admitted to be regarded as jointly being a member of the company in respect of that flat or lease (as the case may be).

(4) Applications for membership by persons who are to be regarded as jointly being the qualifying tenant of a flat, or who jointly constitute the landlord under a lease of the whole or any part of the Premises, must state the names and addresses of all others who are jointly interested with them, and the order in which they wish to appear on the register of members in respect of such flat or lease (as the case may be).

(5) The directors, upon being satisfied as to a person’s application and entitlement to membership, must register such person as a member of the company.

Ceasing to be a member

27.—(1) Membership of the company is not transferable.

(2) A member who at any time fails to satisfy the requirements for membership set out in article 26 ceases to be a member of the company with immediate effect.

(3) If a member (or joint member) dies or becomes bankrupt, that member’s personal representatives or trustee in bankruptcy will be entitled to be registered as a member (or joint member as the case may be) upon application to the company.

(4) A member may withdraw from the company and thereby cease to be a member by giving at least seven clear days' notice in writing to the company. Any such notice is not effective if given in the period beginning with the date on which the company gives notice of its claim to acquire the right to manage the Premises and ending with the date which is either—

(a)the acquisition date in accordance with section 90 of the 2002 Act; or

(b)the date of withdrawal or deemed withdrawal of that notice in accordance with sections 86 or 87 of that Act.

(5) If, for any reason—

(a)a person who is not a member of the company becomes a qualifying tenant or landlord jointly with persons who are members of the company, but fails to apply for membership within 28 days, or

(b)a member who is a qualifying tenant or landlord jointly with such persons dies or becomes bankrupt and that member’s personal representatives or trustee in bankruptcy do not apply for membership within 56 days, or

(c)a member who is a qualifying tenant or landlord jointly with such persons resigns from membership pursuant to article 27(3),

those persons, unless they are otherwise entitled to be members of the company by reason of their interest in some other flat or lease, also cease to be members of the company with immediate effect. All such persons are, however, entitled to re-apply for membership in accordance with article 26.

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