Who can represent a deceased shareholder at the Annual General Meeting (AGM)?
Legal Requirement
- Under Section 109 of the Companies Act 2016
- When a shareholder passes away
- Only the Personal Representative may attend the Annual General Meeting (AGM) and exercise the shareholder's voting rights on behalf of the deceased
Who Is a Personal Representative?
With a Will
- Executor
- Must obtain a Grant of Probate
Without a Will
- Administrator
- Must obtain Letters of Administration
Who Cannot Represent the Deceased Shareholder?
The following persons cannot attend the AGM or exercise shareholder rights on behalf of the deceased:
- Next of Kin
- Family members
- Friends
- Company personnel or any other person
- Even if the entire family agrees
- Such authority is not legally recognised
What Documents Does the Company Recognise?
The company will only recognise:
- Grant of Probate
- Letters of Administration
- Until these legal documents are obtained
- No one may represent the deceased shareholder at the AGM or exercise the related shareholder rights
Summary
- Only a Personal Representative may represent a deceased shareholder at an AGM
- A Personal Representative is either an Executor or an Administrator
- Family relationship alone does not give anyone the legal authority to act
- A Grant of Probate or Letters of Administration is required before any shareholder rights may be exercised legally