Club rules

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gaz
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Joined: 9 Mar 2007, 12:09pm
Location: Kent, lorry park of England

Re: Club rules

Postby gaz » 28 Oct 2016, 12:57pm

Philip Benstead wrote:
gaz wrote:Philip provided a link (I've lost track of which thread it was in) to a Charity Commission document, Charities and meetings (CC48) (my underline) which explains it quite clearly.

Annual General Meetings

81. Whether the charity is required to have an AGM or simply organises a users’ meeting, the charity trustees are only bound to act on decisions taken by the members where the governing document directs that those matters have to be decided at such a meeting. It is important that charity trustees are clear about the status and purpose of the AGM and that this is clearly communicated to those attending.

... see the article above it clearly states that the members can direct the trustee to do thing.

CC48 states that where our AoA direct that a decision must be made by the members at an AGM the outcome of the AGM vote will be binding on the Trustees. I have already given an example of a decision that the AoA say must be decided at an AGM, setting membership fees as directed by Article 4.4.

Philip Benstead wrote:So the AoA state that the general meeting an direct.

If you apply an extremely selective piece of quoting from 6.1 which takes the quoted text entirely out of context, you may reach that conclusion. If you examine the full text of 6.1 you should realise decisions on matters raised at the AGM are only binding on the Trustees if either the law or our AoA specify that such decision must be made at AGM.

Philip Benstead wrote:If you look in the governance document, it states the council is going to redraft the aoa ...

Yes, the continuing governance review will be looking at redrafting the AoA. In part this will be to make the language easier to understand, in part to make them fit for current purpose. Every proposed amendment will rightly be put to the AGM and scrutinised by the membership. A 75% majority of votes cast at an AGM is required to amend the AoA, I do not know whether that is a legal requirement or a direction of the AoA, whatever the case the result is binding on the Trustees.

Philip Benstead wrote:... I would not be surprise if the provision for the general meeting to direct the trustee was taken out.

There is no such general provision in our current AoA. I offer no comment on changes to any specific provision such as 4.4.

Philip Benstead wrote:Also, I would not be surprise if the provision to hold a poll of the club had some kind restricting clause.

Given the Charity Commission's expressed views on Article 11, I will be very surprised if a provision to call a binding Poll of the Whole Club appears in the redrafted AoA.
There'll be tarmac over, the white cliffs of Dover ...