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Joshua
Joshua, Laywer
Category: Employment Law
Satisfied Customers: 25410
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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hi im not sure ether this is employment law or not i am the

Customer Question

hi i'm not sure ether this is employment law or not
i am the acting secretary for a club that is registered as a company
are agm is very soon so nominations for positions on the committee have started to come in my quistion is do the nominated party also need to apply as well there is a mixed feeling in existing committee
the rule covering this in club rules read as follows

"rule 5 committee
the committee shall consist of not less than four and not more than twelve members
four of the members of the committee shall form a quorum
nominations of candidnates for election to the committee must be recieved by the secretsry not less than fourteen days before the agm with an intimation in writing signed by each member nominated that he or she is willing to serve
nominations of candinates shall be signed by the member proposing them"

some of the existing committee are saying that as a nomination for some one sent to the secretary saying the person is willing to stand is good enough
others argue that the nominated party also has to apply to secretary
which do you feel is correct
Submitted: 3 years ago.
Category: Employment Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

I do not think you need to concern yourself that this is an employment law matter as you fear. Based on what you say it is a question of interpretting the constitution of the club.

Joshua :

normally a club constitution would provide that nominations for a party to serve on the committee must be received within a certain number of days before the meeting (AGM) convened to elect those members and in addition to the nomination, the party nominated must provide their written confirmation that they are willing to stand. The latter is required for the obvious reason so as to prevent the committee collecting a member and has no interest or wish in serving which would be potentially embarrassing for the committee but more importantly would mean a further meeting with need to be convened in order to choose another member potentially

Joshua :

based upon the role you have kindly posted from your club constitution, your club appears to follow the above standard practice specifying the time by which domination is must be received and providing that any nominated person must also confirm in writing they are willing to stand. This is quite normal.

Joshua :

Any members who are nominated and the terms of the rule should be asked to provide a signed written confirmation that they are willing to serve on the committee. Confirmation they are willing to stand received from third parties other than the nominated person do not comply with the rule and therefore can be rejected by you as secretary. According to the rule, you require confirmation in writing and signed from the individual nominated in order that they can be considered for election and you are within your rights to insist upon this requirement

Joshua :

Is there anything above I can clarify for you?

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though.

Joshua :

Is there anything else I can help you with on the above? Was the above of assistance to you?