Issue - meetings

RBBC Housing - Independent Living AGM

Meeting: 24/03/2022 - Partner, Shareholder and Trustee Executive Sub-Committee (Item 25)

25 Shareholder Actions - RBBC Housing - Independent Living

To approve the accounts of Shareholder Actions for RBBC Housing – Independent Living for the period 1 April 2021 to its dissolution date, 30 September 2021.

Supporting documents:

Minutes:

The Commercial Ventures Executive Sub-Committee was asked, as shareholder representative for Reigate and Banstead Borough Council, for RBBC Housing Independent Living (the Association) to receive and adopt the Association’s unaudited Financial Statements and Directors’ report for the period 1 April 2021 to 30 September 2021. This complies with the statutory requirements as set out in the Association’s Rules.

The Committee was also asked to ratify the receipt and adoption of these Accounts by the Executive Member and Portfolio Holder for Investment and Companies, Councillor Archer. This was actioned by the Portfolio Holder on 13 October 2021 following a request from the Financial Conduct Authority to enable the dissolution of the Association.

The Commercial Ventures Executive Sub-Committee considered a report which made two Recommendations which were AGREED by Members of the Executive Sub-Committee.

 

RESOLVED that the Commercial Ventures Executive Sub-Committee agreed to:

1. Receive and adopt RBBC Housing – Independent Living’s unaudited Financial Statements and Directors’ report for the period 1 April 2021 to 30 September 2021 (Annex D); and

2. Ratify the decision of the Portfolio Holder for Investment and Companies on 13 October 2021 to receive and adopt these Accounts.

 


Meeting: 30/09/2021 - Partner, Shareholder and Trustee Executive Sub-Committee (Item 17)

17 Shareholder Actions - RBBC Housing - Independent Living re AGM

The Council's Community Benefit Societies' Annual General Meeting.

Supporting documents:

Decision:

RESOLVED, as shareholder representative for Reigate and Banstead Borough Council, in respect of RBBC Housing – Independent Living:

      i.         To note that an annual general meeting (AGM) for RBBC Housing – Independent Living was required to be held within six calendar months after the close of its financial year and consent to short notice of that AGM and authorise the Portfolio Holder for Investment and Companies to sign on behalf of Reigate & Banstead Borough Council, the Consent to Short Notice letter (Annex A);

     ii.         To vote in favour of the following resolutions being proposed at RBBC Housing – Independent Living’s AGM, as set out in Notice of AGM (Annex B):

a.    In light of RBBC Housing – Independent Living’s zero turnover and assets, to exercise the power under section 84 of the Co-operative and Community Benefit Societies Act 2014 (the Act) to disapply section 83 of the Act and remove the duty to appoint an auditor for the financial year ended 31 March 2021.

b.    To receive and adopt RBBC Housing – Independent Living’s unaudited Financial Statements for the period ended 31 March 2021 (Annex C).

c.     To receive and adopt the Directors’ report on the affairs of RBBC Housing – Independent Living (Annex D).

d.    The dissolution of RBBC Housing – Independent Living be approved.

e.    THAT, pursuant to and in accordance with Article G12 of the RBBC Housing – Independent Living’s rules and Section 119 of the Cooperative and Community Benefit Societies Act 2014 (“the Act”) the instrument of dissolution in the format prescribed by the FCA and containing all information required by section 119(2) of the Act to be further endorsed by at least three fourths of the Members to testify their consent to the dissolution of the Association (ANNEX E set out in the Exempt part of the report) be approved; and

    iii.         The Portfolio Holder for Investment and Companies as the Corporate Representative for Reigate and Banstead Borough Council to attend and vote on the above resolutions at the RBBC Housing – Independent Living AGM be approved.

Minutes:

The Sub-Committee considered a report which recommended shareholder actions in respect of the Council’s Community Benefit Society to ensure it was governed correctly, met its statutory requirements, and be dissolved due to inactivity and no identified ambition to utilise it.

RESOLVED, as shareholder representative for Reigate and Banstead Borough Council, in respect of RBBC Housing – Independent Living:

i.      To note that an annual general meeting (AGM) for RBBC Housing – Independent Living was required to be held within six calendar months after the close of its financial year and consent to short notice of that AGM and authorise the Portfolio Holder for Investment and Companies to sign on behalf of Reigate & Banstead Borough Council, the Consent to Short Notice letter (Annex A);

ii.     To vote in favour of the following resolutions being proposed at RBBC Housing – Independent Living’s AGM, as set out in Notice of AGM (Annex B):

a.    In light of RBBC Housing – Independent Living’s zero turnover and assets, to exercise the power under section 84 of the Co-operative and Community Benefit Societies Act 2014 (the Act) to disapply section 83 of the Act and remove the duty to appoint an auditor for the financial year ended 31 March 2021.

b.    To receive and adopt RBBC Housing – Independent Living’s unaudited Financial Statements for the period ended 31 March 2021 (Annex C).

c.     To receive and adopt the Directors’ report on the affairs of RBBC Housing – Independent Living (Annex D).

d.    The dissolution of RBBC Housing – Independent Living be approved.

e.    THAT, pursuant to and in accordance with Article G12 of the RBBC Housing – Independent Living’s rules and Section 119 of the Cooperative and Community Benefit Societies Act 2014 (“the Act”) the instrument of dissolution in the format prescribed by the FCA and containing all information required by section 119(2) of the Act to be further endorsed by at least three fourths of the Members to testify their consent to the dissolution of the Association (ANNEX E set out in the Exempt part of the report) be approved; and

iii.    The Portfolio Holder for Investment and Companies as the Corporate Representative for Reigate and Banstead Borough Council to attend and vote on the above resolutions at the RBBC Housing – Independent Living AGM be approved.