Back in May, I wrote an article sharing with you much welcomed news about the then-forthcoming Corporate Insolvency and Governance Act (CIGA) (if you missed it click here) swiftly followed by my colleague Catherine Simpson’s article when CIGA came into force, on what this meant for organisations and the holding of General Meetings (GMs) and opportunity for Rule changes (which can be found here).
We are aware that as soon CIGA became law, a number of organisations jumped straight into virtual action holding GMs online and also taking the opportunity to amend their governing documents to enable them to relax the rules regarding AGMs and enable them to hold GMs virtually in the future should the need arise and CIGA no longer afford that protection.
Others, however, when the ‘lockdown’ rules were relaxed, seized the opportunity to call their GM to be held in person, socially distanced, in outdoor venues, in accordance with the guidance at the time and of course, their governing documents. But not all were held before the ‘lockdown rules’ were tightened again and so now what? Whilst it does not extend the period for holding your AGM beyond 30 September if you were required to do so between 26 March and then, an extension to CIGA does now continue to allow organisations the opportunity to hold a meeting virtually where they would otherwise not be able to do so.
Whilst we appreciate that for some organisations, holding meetings virtually may inadvertently exclude some members from being able to take part e.g. due to lack of IT skills and/or equipment, in the current pandemic with increasing uncertainty about meeting restrictions, organisations do still need to be able to conduct their business and meet their regulatory requirements. So, for those companies, co-ops, community benefit societies, charitable incorporated organisations, friendly societies and building societies who are yet to hold their AGM this year or who need to call a GM to be held in the next three months, CIGA extends the ability for virtual GMs to be held to 30 December 2020. We would also urge you to take this extended window of opportunity to review and consider changing your Rules, Articles or Constitutions to maybe dispense with the requirement to hold AGMs in future years and/or to allow you to hold all GMs virtually if needed, so as not to be caught out again.
If you have any queries about this or governance issues generally, please contact Sarah Patrice, Catherine Simpson or Sarah Tomlinson, or your usual Governance Team contact.
Anthony Collins Solicitors is pleased to have been ranked as a Band 1 firm once again.
Since March 2020, commercial property owners and occupiers across many sectors, whether housing associations, charities, care providers or local authorities, have been impacted by the rules regulating how they deal with their tenants and their landlords. It seems each week there is a change in policy, regulation or legislation, governing how they must respond.
A key element of the Bill is the establishment of a duty holder regime and requirement to maintain the ‘golden thread of information’ throughout the life cycle of high-risk residential buildings
We have been working with care homes to update their contracts and advise on the risks of charging the resident a regular “top-up” or additional fee where a resident is funded through NHS CHC
The parliamentary processes are complete and the Restriction of Public Exit Payments Regulations 2020 (“the Regulations”) which cap exit payments in the public sector at £95,000 will be in force from 4 November.
As the UK’s social housing sector recovers from the initial Covid-19 outbreak and lockdown, now is the time to focus on the challenges that may emerge next.
There is no universal approach to regenerating town centres. However, housing must be considered a key part of any regeneration project – providing well-needed new homes and economic growth.
Friday 16 October marks the 6th annual Wear Red Day in England, Wales and Scotland. Wear Red Day is the brainchild of the charity; Show Racism the Red Card (SRTRC). SRTRC aims to educate young people so they are equipped to recognise and challenge stereotypes, misconceptions and negative attitudes towards race.
Alongside the Building Safety Bill published in July 2020, the Fire Safety Bill is a key step in the Government’s strategy to improve building and fire safety in the wake of the Grenfell Tower tragedy
Government regulations came into force on 23 September 2020 providing LGPS (local government pension scheme) employers with flexibility on meeting exit payments and LGPS funds with flexibility too
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