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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Is it permissible for a company without guarantee to hold annual

Customer Question

Is it permissible for a company without guarantee to hold annual elections for officers and trustees?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : What does the constitution say please?
JACUSTOMER-cousjazy- :

At each subsequent annual general meeting one-third of the trustees, or if not three or a multiple of three, the enarest number to one third must retire from office. If there is only one trustee he or she must retire.

JACUSTOMER-cousjazy- :

The trustees to retire br rotation shall be those who have been longest in office since their last election. If any trustees became or were elected trustees on the same day those to retire shall be determined by lot.

JACUSTOMER-cousjazy- :

No trustee may be re-elected more than once in succession after his or her first term of office. A retiring trustee may stand for re-election, but his or her continuous years in office shall not exceed six. Thereafter a former may stand for election after having been out of office for a minimum of one year.trustee

JACUSTOMER-cousjazy- :

Comment: we are a voluntary organisation and have difficulty in filling posts. We are anxious not to lose good people when they are no replacements. There is also confsuion about how this rotation works as it is impossible at present to follow these rules sensibly and fairly. Thank you.

Alex Watts :

Yes it is permissible to hold annual elections for officers and trustees.

Alex Watts :

You could amend the rotation clause to say that if no others come forward then the officer may be re-elected for a new term.

Alex Watts :

Can I clarify anything for you about this today please?