Section 338A | Traded companies: members' power to include other matters in business dealt with at AGM ^F1

(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.^F1

(2)A matter may properly be included in the business at an annual general meeting unless –^F1

(a)it is defamatory of any person, or^F1

(b)it is frivolous or vexatious.^F1

(3)A company is required to include such a matter once it has received requests that it do so from—^F1

(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^F1

(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.^F1

See also section 153 (exercise of rights where shares held on behalf of others).

(4)A request—^F1

(a)may be in hard copy form or in electronic form,^F1

(b)must identify the matter to be included in the business,^F1

(c)must be accompanied by a statement setting out the grounds for the request, and^F1

(d)must be authenticated by the person or persons making it.^F1

(5)A request must be received by the company not later than—^F1

(a)6 weeks before the meeting, or^F1

(b)if later, the time at which notice is given of the meeting.^F1