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Re: Legal framework of a UK Amateur Radio Society

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  • Ron Young
    Thanks for your input I guess much of what you say is Common to Clubs in The USA and in the UK The RSGB has a draft Constitution but that does not cover the
    Message 1 of 5 , Mar 23, 2013
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      Thanks for your input I guess much of what you say is Common to Clubs in The USA and in the UK
      The RSGB has a draft Constitution but that does not cover the items I am interested in clarifying,
      The RSGB AGM does cover the issues in a more detailed way but being a National society
      it is much bigger than a local Society.
      May be smaller groups do not need to be concerned until an issue presents itself.

      Say an Item is missing from the Society inventory can a Member call on the Committee to make good the loss?
      If so what about a less tangiable asset, service or facility, a Member gains rights to that service or facility by Joining and contributing, again is this down to the Committee to protect these assets.

      Regards



      --- In AmateurRadioLeadership@yahoogroups.com, "Ron Young" <
      @...> wrote:
      >
      > in the context of UK clubs / Societys what is the legal framework.
      > 1) Members rights to club equipment
      > 2) Committee's responsibility to members
      > 3) Club records, Inventry checks, Register of Equipment Purchased, Donated and disposals.
      >
      > What legal status has the Society Constitution
      > Does the Constitution Have precedence in any legal issues
      > We have heard that even National Societys have sometimes got
      > it wrong but where is our guidance.
      >
    • Richards
      You need to consult a lawyer (solicitor in your bailiwick) and ask these questions. The rule in one country may not apply in another. You might find a book
      Message 2 of 5 , Mar 23, 2013
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        You need to consult a lawyer (solicitor in your bailiwick) and ask
        these questions. The rule in one country may not apply in another.

        You might find a book or article on it in the Library or on the
        Internet. Each jurisdiction may have different rules and procedures.

        Over here... these issues are often determined by the formal
        organizational structure. Corporate bodies are generally governed by
        Articles of Incorporation, Bylaws, and other corporate action which
        determine ownership rights and responsibilities regarding property and
        other matters, and officers have certain fiduciary responsibilities to
        members and to the organization.

        It is less certain when the organization is a loose unincorporated
        association. Sometimes these outfits have bylaws and other formal rules
        of procedure and agreements regarding the ownership and disposition of
        property.

        The sad fact is so many organizations fail to plan or outline such
        matters in any formal agreement or organizational documentation, and in
        many cases there are no enforceable rules beyond the duty of all
        citizens in whatever endeavor to act honestly and in good faith.

        It gets really dicey when a man and a woman just live together for
        several years, and acquire property together, without a governing
        agreement. Many times, courts cannot help them, whereas they could in
        the case of divorce or in the face of a formal agreement.

        In many states, the long established rules of the Common Law have been
        either codified or abrogated (or a little of both) by legislation and
        it can be a fun question to sort out. I imagine it is similar over
        there on your side of the big water. I imagine most unincorporated
        associations have no formal agreements or Bylaws or other governing
        documentation. I would be interested to hear what a Solicitor tells you
        if you get the chance to ask one. Look for formal agreements and
        Bylaws before doing do if you can.

        These situations are fertile ground for fights. You should see what can
        happen between friends who decide to share a boat or an air plane. Only
        the lawyer comes out ahead on those deals.

        Good luck.

        ---------------------------K8JHR --------------------------



        On 3/23/2013 7:25 AM, Ron Young wrote:
        > in the context of UK clubs / Societys what is the legal framework.
        > 1) Members rights to club equipment
        > 2) Committee's responsibility to members
        > 3) Club records, Inventry checks, Register of Equipment Purchased, Donated and disposals.
        >
        > What legal status has the Society Constitution
        > Does the Constitution Have precedence in any legal issues
        > We have heard that even National Societys have sometimes got
        > it wrong but where is our guidance.
        >
        >
        >
        >
        >
        > ------------------------------------
        >
        > Yahoo! Groups Links
        >
        >
        >
        >
      • Richards
        On 3/23/2013 11:57 AM, Ron Young wrote: . ... No... then it is too late ! You cannot reach an agreement when you are already in an active argument. You MUST
        Message 3 of 5 , Mar 23, 2013
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          On 3/23/2013 11:57 AM, Ron Young wrote:
          .
          > May be smaller groups do not need to be concerned until an issue presents itself.


          No... then it is too late !

          You cannot reach an agreement when you are already
          in an active argument. You MUST handle this stuff
          now and ahead of time, so you can point to the Bylaws
          or Constitution and say every hand is tied by the
          rules. If you wait to write the rules until the
          fight begins, it is guaranteed you will have trouble
          reaching a consensus. If you have a consensus, there
          would be no issue, right?

          (Sounds circular, but it is not.)

          Resolve these issues now, when you are still friends,
          and if you cannot, then walk away now. The idea of
          an agreement or Constitution is to solve the problem
          now, ahead of time.


          ------------------------- K8JHR -----------------------
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