C1Part 13Resolutions and meetings
Chapter 4Public companies F1and traded companies: additional requirements for AGMs
Words in Pt. 13 Ch. 4 heading inserted (3.8.2009) by The Companies (Shareholders' Rights) Regulations 2009 (S.I. 2009/1632), reg. 15(5) (with application as stated in reg. 1(2))
I1339Public companies: company's duty to circulate members' resolutions for AGMs
1
A company that is required under section 338 to give notice of a resolution must send a copy of it to each member of the company entitled to receive notice of the annual general meeting—
a
in the same manner as notice of the meeting, and
b
at the same time as, or as soon as reasonably practicable after, it gives notice of the meeting.
2
Subsection (1) has effect subject to section 340(2) (deposit or tender of sum in respect of expenses of circulation).
3
The business which may be dealt with at an annual general meeting includes a resolution of which notice is given in accordance with this section.
4
In the event of default in complying with this section, an offence is committed by every officer of the company who is in default.
5
A person guilty of an offence under this section is liable—
a
on conviction on indictment, to a fine;
b
on summary conviction, to a fine not exceeding the statutory maximum.
Pts. 1-39 (except for Pt. 7 and ss. 662-669), 45-47 extended (12.5.2011) by The Companies Act 2006 (Consequential Amendments and Transitional Provisions) Order 2011 (S.I. 2011/1265), art. 5(1), Sch. 1 para. 2