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