# Am I entitled to know who MC directors are?



## MBRC (31 Mar 2008)

We've recently purchased an apt and on receipt of the service charge invoice requested information on the MC including names of the MC directors, their positions on the board, whether they were Landlords or residents and what block (from 3) they had apartments in. 

The MA wrote back on behalf of the MC listing the directors names but refused to provide any other information quoting the Data Protection Act as the reason.

As a member of the MC am I entitled to receive such information under the Companies Act?  We would like to know if our block is represented and if any of these directors actually live in the complex.

Thanks


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## AKA (31 Mar 2008)

You should be able to get this information.  I'm not sure what legislation you can quote.  

Is it a new apt? 
If its an old apartment the residents association may be able to give you the information.

As far as I am aware an egm can be called and depending on the % vote specified in your memoramdum and articles of association the directors can be changed at that point.

Thus, the information should be accessible.

Who is the agent?


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## MBRC (31 Mar 2008)

Thanks AKA,
The apt is about 2 years old.  Agent is Wyse.  Some of their responses have been a little vague which has made us a little more curious.


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## AKA (31 Mar 2008)

Best thing to do would be to contact or set up a resident's association to tackle these questions from the agent / builder.  

It can take some time to get all the answers.

If the apartment is 2 years old, was a company AGM called last year?  Were the directors re-appointed?


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## hhhhhhhhhh (1 Apr 2008)

MBRC said:


> We've recently purchased an apt and on receipt of the service charge invoice requested information on the MC including names of the MC directors, their positions on the board, whether they were Landlords or residents and what block (from 3) they had apartments in.
> 
> The MA wrote back on behalf of the MC listing the directors names but refused to provide any other information quoting the Data Protection Act as the reason.
> 
> ...


By law they have to tell you
( _a_ ) his present Christian name and surname and any former Christian name and surname; and
( _b_ ) his usual residential address; and
( _c_ ) his nationality, if not Irish; and
( _d_ ) his business occupation, if any; and
( _e_ ) particulars of any other directorships of bodies corporate incorporated in the State held by him.

this is stated here 

They have lied to you about the Data protection act


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## ubiquitous (1 Apr 2008)

posted twice


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## ubiquitous (1 Apr 2008)

Cut out the fuss, hassle and accusations. Go to cro.ie Click on the company search tab. Enter the name of the management company. Buy a company search report for €2.50. Pay with your credit card. The report will be emailed to you within an hour or two. This will contain all details of directors etc.


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## AKA (1 Apr 2008)

If the director landlords / developers don't live there (and this is most likely the case) what's the best way of finding out which apartments they own?


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## ubiquitous (1 Apr 2008)

(posted twice)


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## Guest121 (1 Apr 2008)

AKA said:


> If the director landlords / developers don't live there (and this is most likely the case) what's the best way of finding out which apartments they own?


 
The Management Company are obliged to keep a register of the owners of all apartments.


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## MBRC (1 Apr 2008)

Thanks for responses - they have been useful.

AKA - apparantly they did hold an AGM last year. We have asked for a copy of the minutes.  

hhhhhhhhhh - thanks for the link.

ubiquitous - I have taken your advise and visitied cro.ie


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## shesells (2 Apr 2008)

I didn't think people were entitled to any info other than the names of the directors? Unless the address is listed as the MA, then the thought that the mailing address of the directors are publicly available is worrying.


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## ubiquitous (2 Apr 2008)

shesells said:


> Unless the address is listed as the MA, then the thought that the mailing address of the directors are publicly available is worrying.



Why? 

Every person who is a director of a limited company must supply details of their name, address, date of birth and certain other personal information to the CRO. This is a legal obligation and cannot be avoided. All these details can be readily inspected on cro.ie


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## AKA (3 Apr 2008)

bobbysands81 said:


> The Management Company are obliged to keep a register of the owners of all apartments.


 
Where is this available from for a new development and what should it include?  

We did get a list of homes from the agent originally but I don't think it included the name of owners and where they actually lived.  It just included the address and payment status for the year but I'll have to double check.

How is the list kept up to date - the management company must get the agent to do this work?  I couldn't imagine anyone on the residents association updating this list as houses are sold.

So if the agent maintains it are they obliged to give the company a copy?


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