{
  "url": "https://openlegislation.uk/companies-act-2006/section-338A",
  "json_url": "https://openlegislation.uk/companies-act-2006/section-338A.json",
  "legislation": "ukpga/2006/46",
  "legislation_title": "Companies Act 2006",
  "legislation_url": "https://openlegislation.uk/companies-act-2006",
  "path": "section/338A",
  "kind": "section",
  "number": "338A",
  "heading": "Traded companies: members' power to include other matters in business dealt with at AGM",
  "text": "(1) The members of a traded company may request the company to include in the business to be dealt with at an annual general meeting any matter (other than a proposed resolution) which may properly be included in the business.\n(2) A matter may properly be included in the business at an annual general meeting unless –\n(a) it is defamatory of any person, or\n(b) it is frivolous or vexatious.\n(3) A company is required to include such a matter once it has received requests that it do so from—\n(a) members representing at least 5% of the total voting rights of all the members who have a right to vote at the meeting, or\n(b) at least 100 members who have a right to vote at the meeting and hold shares in the company on which there has been paid up an average sum, per member, of at least £100.\nSee also section 153 (exercise of rights where shares held on behalf of others).\n(4) A request—\n(a) may be in hard copy form or in electronic form,\n(b) must identify the matter to be included in the business,\n(c) must be accompanied by a statement setting out the grounds for the request, and\n(d) must be authenticated by the person or persons making it.\n(5) A request must be received by the company not later than—\n(a) 6 weeks before the meeting, or\n(b) if later, the time at which notice is given of the meeting.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "S. 338A inserted (3.8.2009) by The Companies (Shareholders' Rights) Regulations 2009 (S.I. 2009/1632), reg. 17(1) (with application as stated in reg. 1(2))"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2006/46/section/338A",
    "retrieved_at": "2026-10-29T09:13:40.060156+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}