Section 338: Public companies: members' power to require circulation of resolutions for AGMs

Companies Act 2006 · 2006 c. 46View on legislation.gov.uk

Part 13: Resolutions and meetings — Chapter 4: Public companies and traded companies: additional requirements for AGMs

The members of a public company may require the company to give, to members of the company entitled to receive notice of the next annual general meeting, notice of a resolution which may properly be moved and is intended to be moved at that meeting.

A resolution may properly be moved at an annual general meeting unless—

it would, if passed, be ineffective (whether by reason of inconsistency with any enactment or the company's constitution or otherwise),
it is defamatory of any person, or
it is frivolous or vexatious.

A request—

may be in hard copy form or in electronic form,
must identify the resolution of which notice is to be given,
must be authenticated by the person or persons making it, and
must be received by the company not later than—
6 weeks before the annual general meeting to which the requests relate, or
if later, the time at which notice is given of that meeting.

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.