Paragraph 32 Annual general meetings (ss.336 to 340)I1I2

The repeal of section 366 of the 1985 Act or Article 374 of the 1986 Order (duty to hold annual general meeting) does not affect any provision of a private company’s memorandum or articles that expressly requires the company to hold an annual general meeting.

Any such provision continues to have such effect as it had immediately before 1st October 2007.

Provision specifying that one or more directors are to retire at an annual general meeting of the company is not provision expressly requiring the company to hold an annual general meeting.

A company is not to be treated as one whose articles expressly require it to hold an annual general meeting if immediately before 1st October 2007 there was in force in relation to the company a resolution under section 366A of the 1985 Act or Article 374A of the 1986 Order (election to dispense with annual general meetings).