1 / 42

Rules and Reasons

Rules and Reasons. The need to be organised Why and How. Topics. How to Start The Committee Legal Liability Rules. How to Start. Name No Confusion Obligation to Register No Name Protection Passing off Objects. How to Start. Objects Purpose of Festival Objectives to be achieved

gaia
Download Presentation

Rules and Reasons

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Rules and Reasons The need to be organised Why and How

  2. Topics • How to Start • The Committee • Legal Liability • Rules

  3. How to Start • Name • No Confusion • Obligation to Register • No Name Protection • Passing off • Objects

  4. How to Start • Objects • Purpose of Festival • Objectives to be achieved • Asset utilisation • Court orders to support objects • Personal Liability • General • All Acts and Deeds

  5. How to Start • Membership • Right to Vote • Clear Procedure for signing up • Easily identified • Various Categories –voting rights • When can you Vote? • Qualifications required? • Equal Status • Universal Consent

  6. How to Start • Membership • Admission Procedures and Forms • Proposal Requirement • Circulation, Display and Objections • Who admits a new Member? • Election Committee • No Reasons for Decision • Not liable • No Defamation

  7. How to Start • Committee • Delegated Administrative Powers • How Many? • Powers • Duration of Appointment • No Annual Replacement • No Perpetual Appointment

  8. How to Start • Committee • Troublemaker Takeovers • No possibility of everyone retiring • Co-Option • Sub Committees • Needs an Indemnity from Members

  9. How to Start • Meetings • AGM • Specified Time Each year • Review of the year • Full Financial Report • Elections

  10. How to Start • Meetings • EGM • Special Business only • Amendments • Who calls one? Minimum Number • How? Plenty of Notice • Quorum

  11. How to Start • Meetings • Committee • Frequency • Exercise of Management • Attendance Requirement • Refer Major Issues to AGM • Quorum • Reflect Reality • Co-option

  12. How to Start • Alterations • Rules must allow for alterations • What Majority is required? • Prior Notification • Precise Notification

  13. How to Start • Bye-Laws • Day to Day Management • Opening times, Dress Codes, Age requirements • Usually separate form rules due to frequency of change • Made by Committee • Power given by Rules • No oppression of minorities or one.

  14. How to Start • Subscriptions • Amount • Date • Must be in the Rules otherwise void • Under Control of Committee • Provide for non discharge • Lose Membership? • Deemed Resignation?

  15. How to Start • Subscriptions • Allow a period to pay • Allow power to Re-instate • May be an Admission Charge • Not a member until discharged • Can sue if no automatic resignation

  16. How to Start • Trustees • Practical (Stand in for all members). • Own property on behalf of Festival • Or independent? • Or Supervisors? • At least three • Fixed Period or life? • Long fixed period

  17. How to Start • Trustees • Should be mere trustees • Directed by Committee • Also need an indemnity

  18. How to Start • Borrowing • Must have the right to do so • Need power to give a mortgage • Need an AGM? • Fixed Limit?

  19. How to Start • Licensing • Health & Safety • Intoxicating Liquor • Events

  20. How to Start • Suspension & Expulsion • Committee must have power • Rules and Natural Justice • Prescribed Notice and notice period • Punishment • No ulterior motive

  21. How to Start • Dissolution • Inactivity • Vote to dissolve • Strict application of the rules • Court Order • How are Assets distributed? • Gifts and Donations restricted? • Capital Gains Tax Liability

  22. The Committee • Chairperson • Obvious Leader • Controls Meetings • Meetings in accordance with rules • Due process and Natural Justice • Ensures Secretary takes minutes • Inherent Casting Vote • Should be in rules

  23. The Committee • Chairperson • Determines points of order • Adjourns meetings • Declares results of elections • Cannot refuse a Poll • Impartial

  24. The Committee • Secretary • Organise meetings with Agenda • Record Minutes (All meetings) • Date and time • Officers present • Apologies • Record the business of the meeting • All decisions taken

  25. The Committee • Secretary • Count votes • Show of hands (usually) • Ballot (secret) or Poll • Ensure Quorum • Deal with Correspondence • Maintain list of members

  26. The Committee • Treasurer • Record all financial transactions • Easy identification of all transactions • Deal with Auditor • Deal with Banks • Report to members at AGM • Answer questions • Two signatories

  27. The Committee • Trustees • Have legal capacity • No beneficial ownership • Appointed by GMs • Power to replace trustees • May be legally expensive • Complete legal documentation

  28. The Committee • Trustees • Usually Sued if litigation arises • Can apply assets of club • Need indemnity as well • Property deeds properly drafted • Indicate who the beneficial owner is • Joint tenants not Tenants in Common

  29. The Committee • Honorary Officers • Rules decide how • Reward or recognition • May have duties • May have vote at committee meetings • Bad idea?

  30. Legal Liability • Claims • Negligence • Nuisance • Breach of contract • Against Trustees or Committee • Ultimately against members • Need Insurance • Subrogation

  31. Legal Liability • Accidents • Members • No general right to sue for injury • Put a waiver in the rules • Against the trustees • Against the Committee • Against Fellow members

  32. Legal Liability • Accidents • Members • Civil Liability Act 1961 excludes • Contractual Liability • Voluntary Waiver • Waivers must be communicated • Give the rules before joining

  33. Legal Liability • Accidents • Non-members • Must show negligence • The Reasonable Foreseeable Test • The Proximity Test • Should have had claimant in mind • Pedestrian – Flowerpot – Bad Lights

  34. Legal Liability • Accidents • Club Property or “Premises” • Occupiers Liability Act 1995 • The “Condition” of the property • Three types of People • Visitors • Recreational Users • Trespassers

  35. Legal Liability • Accidents • Visitors • Invitation or with permission (Guest) • On foot of a contract • Lawful Authority • Duties of Landlord are as above

  36. Legal Liability • Accidents • Recreational Users • Purpose of recreational Activity • Sport, walking, research • No express permission required • No Charge (except Car Parking) • Duty is to avoid injuring them or reckless disregard • Less duty than visitors

  37. Legal Liability • Accidents • Trespassers • Not a visitor or a recreational user • But same duty as to a recreational user

  38. Legal Liability • Disclaimer Notices • Should be clearly visible at all entrances • Access should be restricted to entrances • All damages howsoever caused • Precise wording • Go to a Solicitor

  39. Legal Liability • Liability to Neighbours – • Nuisance • Public • Private • Must be unreaonable

  40. Legal Liability • Liability to Neighbours – • Defences • Prescription • 20 years continued performance • Consent • Statutory Authority • Road works • Army Shooting range

  41. Legal Liability • Contract • Who is reponsible? • Sign for and on behalf of… • Express authority • Need rules to allow borrowing • Indemnity

  42. Bibles • A Legal Guide for Clubs and Associations • Dermot McNamara • FirstLaw • A Guide to Legal Structures for Voluntary and Community Organisations • Mel Cousins • Combat Poverty Agency

More Related