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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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In a private members club limited by guarantee, what rights

Resolved Question:

In a private members club limited by guarantee, what rights do the members have to the financial information concerning the Club?

That information is held by the appointed Treasurer, a member of the Club Board of Directors (who are all member appointed by vote at the AGM and are unremunerated).
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is ***** ***** 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 :

Is the information not disclosed at an AGM please?

Customer:

Yes, it is Board practice to present the accounts at the AGM and discuss any specific spend / projects at that time

Alex Watts :

Ok - normally information is presented at an AGM and there are questions and answers

Alex Watts :

Its the same as if it were an AGM for M&S

Alex Watts :

When you say what rights, what in particular do you want?

Customer:

I am a Board member of the Club and we have one rather difficult member who is demanding financial information on a regular basis and before any AGM - he has argued that as a member, he has full "rights" to such

Alex Watts :

No

Alex Watts :

Not unless he calls an EGM or there is a term in your constitution that allows this

Alex Watts :

Imagine the M&S example

Alex Watts :

Would a shareholder be entitled to detailed information beforehand, probably not

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

OK, so to summarise, a member who has paid his Club fees, taken part in Board electiions and will definitely attend the AGM, will have no rights to see ongoing financial infirmation in advance of that AGM unless he calls and EGM or our Memo and Arts allow such access - is that an accurate summary of the position please ??

Alex Watts :

Correct

Alex Watts :

Very well put

Alex Watts :

Does this answer your question today please?

Customer:

Yes it does and many thanks for your help

Alex Watts :

Great.

Alex Watts :

If I could invite you to rate my answer before you go today

Alex Watts :

If the system wont let you please do say

Alex Watts :

If you need more help, please click reply

Customer:

Very happy with that - prompt and effective - "excellent" service.

Alex Watts :

Thanks - if you could click on the face that would be great

Customer:

I've tried but the system won't let me

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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Expert:  Ash replied 2 years ago.
You should be able to do it now!

Thanks

Alex

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