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EFIS 71, November 2009 : Right to Manage

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Pursuant to EFIS No.63/2009, the RTM Companies (Model Articles) (England) Regulations 2009 revoked the RTM Companies Memorandum and Articles of Association (England) Regulations 2003 on 9th November and have prescribed new articles of association for companies which exercise the right to manage premises in England from 1st October 2009 which coincided with the introduction of the Companies Act 2006 on this date.

Paragraph 3(2) and 3(3) of these 2009 Regulations allow the old version of RTM1A to be used for right to manage companies created before 1st October to be used for a transitional period which began on 1st October 2009 and which will end on 30th September 2010.

However, only the amended version of RTM1A should be filed at Companies House for right to manage companies formed on or after 1st October 2009.

Practitioners can consult a more detailed guidance note about these amendments on the Communities and Local Government’s website at www.communities.gov.uk/publications/housing/rtmcompaniesguidance.

Finally, we have made minor amendments to forms RTM1 and RTM2 which are included in this update.

Forms affected

RTM1A Articles of Association of a Right to Manage Company New/Amended
RTM1 Notice of Invitation to Participate in Right to Manage New/Amended
RTM2 Claim Notice New/Amended

Crown copyright forms are reproduced with the permission of the Controller of the Stationery Office. Law Society forms are reproduced with the permission of the Law Society. Legal Aid Forms are produced with the permission of the LSC.