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Please can someone advise what court application form I need to remove a Director from a Residential management Company (RMC) and could this be done through the county court or does it need to go through the high court?
The Director was diagnosed with Alzheimers over two years ago and the other Director, has just recently died (last week) refused to resign her because it served his self interest having her on the board with her husband acting as proxy so they could maintain control of the company.
1. The Director with Alzheimers is in full time care and is not fit for office. She is the only Director now who is responsible for the Company and her husband who is neither a Member or shareholder or officer of the company is acting as her LPA and making all the decisions for the Company.
2. A First Tier Tribunal hearing in 2019 appointed a manger under s.24 LTA 1987. The Directors have been frustrating the handover for the last 12 months because they do not want to hand control over to the appointed manger. They refused to handover any information or the bank accounts so she has not been able to set up her management systems.
3. The Tribunal had given further directions, prior to the Directors death, for the Respondent to hand over the bank accounts by 17 June 2021 otherwise a Penal Notice would be attached to the Tribunal Order. The Tribunal have not understood that the husband, who escapes the definition of "Respondent" is holding the service charge bank accounts and is remaining silent. The Directors have had no incentive to handover the bank accounts because they have significant service charge arrears so are doing all they can to avoid disclosure.
4. I, as shareholder have contacted Companies House to see if I can be appointed Director but the Company is in a PROOF Scheme so no paper documents can be filed. There were only three shareholders (two directors and me) so I am the only shareholder left with mental capacity.
5. I need to make an application to court to get myself appointed as Director and Companies house have said they could probably issue a Director's Authority letter on the back of a court order to give me a code to file the documents electronically. They cannot override the proof scheme without a court order.
6. What is the application form I need, to make an urgent application pursuant to the Directors Disqualification Act 1986 (if this is the correct application) to remove the Director with Alzheimers so I can provide the court order to Companies House. Once I have the courts decision to appoint me as Director I can remove the existing Director, remove the previous managing agent as Company Secretary, change the company address and file the 2018 and 2019 accounts which Companies House are applying significant late penalty charges. The Directors have been refusing to file the accounts so the RMC would be struck off. The Directors had wanted to avoid disclosure of the accounts due to financial misconduct and significant service charge arrears.
I need to make an application to court urgently so I would be very grateful for any advice on the correct application form. I am capable of acting in person which I did for the First Tier Tribunal and was successful in all circumstances (s.27 A LTA 1985 and s.24 LTA 1987 and Costs orders for both applications).
Thank you
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