Topic: Are our by laws valid – FLAT CHAT

This topic has 2 replies, 3 voices, and was last updated 7 years, 6 months ago by .

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16/03/2019 at 10:34 am #36426 Reply | Quote
The Hood
Flatchatter
My OC passed a special resolution relating to the consolidation of the by laws but then failed to lodge the changes with Land Registry Service (LRS) within the 6 months as set out in s 141(4).

When the problem of late lodgement came to the attention of the LRS the date of the resolution was changed on the by laws change form (15CH form) to a different date.

There was no meeting and there was no new special resolution passed on the ‘new’ date that now appears on the 15CH form.

LRS, on the presumption of regularity, then registered the dealing.

So my OC has a dealing lodged out of time that authorises changes to the by laws based on a purported special resolution that does not exist.

How valid are those by laws?
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Reply To: Are our by laws valid

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