The priority is to appoint new directors to the company to replace those who have resigned. The appointment of new directors may be carried out by the members or by the remaining directors.
A company that has no directors can be struck off. This would have serious implications for the building, as there would be no management, and it could be hard to sell any flats in the building. The process for striking off does not occur immediately. Companies House will send a notification to the company that is intending to do so and if they do not receive any responses after a few attempts will start the process for striking off.
In the meantime, it is important that the company continues to fulfil its obligations as the freeholder of the building. This could include collecting service charges from leaseholders, maintaining the common areas of the building, and ensuring that the building complies with relevant health and safety laws.
If the company is unable to fulfil its obligations as the freeholder, then this would be grounds for the leaseholders to appoint a manager.
More information you might find useful;
- The company directors are refusing to hold meetings at a convenient place or time.
- The company directors have not called an Annual General Meeting (AGM), so the annual renewal of director appointment has not been verified. Can they still be directors and what should we do to fix the problem?
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