Company membership
A share certificate is not RTM membership. Neither replaces the lease.
Resident-led buildings use different company structures. Identify the company, the legal basis for membership and the record that proves the current position before promising a vote, share or handover.
Three common structures
Similar labels can hide different rights.
Freehold-company share
A company limited by shares may own the freehold. The company's articles, register of members and share terms determine the company rights attached to the share.
Resident Management Company membership
An RMC may be limited by shares or guarantee and may have duties under the leases. Membership and management authority come from its own documents and the building structure.
Right to Manage company membership
An RTM company is a prescribed company used for the statutory Right to Manage. Membership is governed by the statutory model articles and qualifying-tenancy route.
Leaseholder status
Owning the leasehold interest does not by itself prove that the company register has been updated or that a separate membership step has been completed.
Find the proof
Build the answer from the records, not the certificate alone.
Company name and number
Match every certificate, application, transfer and register entry to the correct legal entity.
Articles and any lease provision
Check admission, transfer, voting, guarantee, share-class and director rules, plus any lease obligation connected with membership.
Register of members
The company must keep a register of members. Compare it with certificates, transfer forms, membership applications and the Companies House position where relevant.
Decision and transaction record
Keep the application, board decision, transfer instrument, cancellation or issue of certificate and dated update to the register in one chain.
Sale and handover
Do not let the flat change hands while the company record stands still.
Identify the outgoing right
Confirm whether the seller is a shareholder, member, RTM member or none of these, and which documents govern the change.
Follow the correct admission or transfer process
A share transfer and an RTM membership application are different acts. Use the form and decision route for the actual company.
Update the register and evidence
Record the effective date, new member details and any certificate issued or cancelled. Keep the supporting transaction documents.
Test voting and notices against the current register
Meeting notices, voting rights and member communications depend on an accurate record. Do not rely on an old resident list.
Sources for this page
Open the law and guidance yourself.
Companies House guidance on the records a company may need to keep and make available for inspection.
↗Independent guidanceRTM: notice inviting participationLEASE guidance on inviting qualifying leaseholders and enrolling applicants as RTM company members.
↗Official guidancePeople with significant controlCompanies House guidance on identifying PSCs, including the role of the register of members and articles.
↗Related guideCompanies House controlsCheck the company, live public record, annual cycle and event-driven filings.
→Links and current-law position checked 18 August 2026. Apply the governing documents, building facts and current law to the case in front of you.
