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Re: [AmateurRadioLeadership] Legal framework of a UK Amateur Radio Society

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  • 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 1 of 5 , Mar 23, 2013
      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 2 of 5 , Mar 23, 2013
        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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