s 338A Traded companies: members' power to include other matters in business dealt with at AGM
(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. (2) A matter may properly be included in the business at an annual general meeting unless – (a) it is defamatory of any person, or (b) it is frivolous or vexatious. (3) A company is required to include such a matter once it has received requests that it do so from— (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 (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. See also section 153 (exercise of rights where shares held on behalf of others). (4) A request— (a) may be in hard copy form or in electronic form, (b) must identify the matter to be included in the business, (c) must be accompanied by a statement setting out the grounds for the request, and (d) must be authenticated by the person or persons making it. (5) A request must be received by the company not later than— (a) 6 weeks before the meeting, or (b) if later, the time at which notice is given of the meeting.