# Companies Act 2006, Section 338A: Traded companies: members' power to include other matters in business dealt with at AGM


(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.
(2) A matter may properly be included in the business at an annual general meeting unless –
(a) it is defamatory of any person, or
(b) it is frivolous or vexatious.
(3) A company is required to include such a matter once it has received requests that it do so from—
(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
(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.
See also section 153 (exercise of rights where shares held on behalf of others).
(4) A request—
(a) may be in hard copy form or in electronic form,
(b) must identify the matter to be included in the business,
(c) must be accompanied by a statement setting out the grounds for the request, and
(d) must be authenticated by the person or persons making it.
(5) A request must be received by the company not later than—
(a) 6 weeks before the meeting, or
(b) if later, the time at which notice is given of the meeting.

---
Source: https://www.legislation.gov.uk/ukpga/2006/46/section/338A (the official version)
Page: https://openlegislation.uk/companies-act-2006/section-338A
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.