The RTM Companies (Model Articles) (England) Regulations 2009

Defined terms

1.—(1) In the articles, unless the context requires otherwise—

“articles” means the company’s articles of association;

“bankruptcy” includes individual insolvency proceedings in a jurisdiction other than England and Wales or Northern Ireland which have an effect similar to that of bankruptcy;

“chairman” has the meaning given in article 17;

“chairman of the meeting” has the meaning given in article 30;

“Companies Acts” means the Companies Acts as defined in section 2 of the Companies Act 2006(1), in so far as they apply to the company;

“director” means a director of the company, and includes any person occupying the position of director, by whatever name called;

“document” includes, unless otherwise specified, any document sent or supplied in electronic form;

“electronic form” has the meaning given in section 1168 of the Companies Act 2006 (“the 2006 Act”);

“immediate landlord” in relation to a unit in the Premises, means the person who—

(a)

if the unit is subject to a lease, is the landlord under the lease; or

(b)

if the unit is subject to two or more leases, is the landlord under whichever of the leases is inferior to the others;

“member” has the meaning given in section 112 of the 2006 Act;

“ordinary resolution” has the meaning given in section 282 of the 2006 Act;

“participate”, in relation to a directors’ meeting, has the meaning given in article 15;

“the Premises” means [name and address];

“proxy notice” has the meaning given in article 36;

“residential unit” means a flat or any other separate set of premises which is constructed or adapted for use for the purposes of a dwelling;

“RTM company” (Right to Manage Company) has the meaning given in section 73 of the Commonhold and Leasehold Reform Act 2002

“special resolution” has the meaning given in section 283 of the 2006 Act;

“subsidiary” has the meaning given in section 1159 of the 2006 Act;

“writing” means the representation or reproduction of words, symbols or other information in a visible form by any method or combination of methods, whether sent or supplied in electronic form or otherwise; and

“2002 Act” means the Commonhold and Leasehold Reform Act 2002.

(2) Unless the context otherwise requires, other words or expressions contained in these articles bear the same meaning as in the Companies Act 2006 as in force on the date when the RTM Companies (Model Articles) (England) Regulations 2009 are made.

(1)

2006 c. 46.