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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10588
Experience:  Barrister 17 years experience
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My mother is trying to hand over the accounts of a non incorporated

Resolved Question:

My mother is trying to hand over the accounts of a non incorporated local society including the bank account details cheque books etc. The Society refuse to meet with her to agree the accounts and sign for the documents - they wish her to deposit them at a public work hub to someone not involved in the Society without agreeing or signing that they are accurate.
She is leaving UK for a month and has signed a general power of attorney appointing me as her Attorney and has left an instruction that I an to hand them over only after they have agreed that the accounts are correct and signed the necessary hand over form that she has prepared.
There is nothing in the constitution that relates to the hand over of accounts and documents on resignation of Society Officials.
Can the Society refuse to accept my appointment and action on her behalf as her Attorney and can they insist on me handing them the accounts without agreeing that they are correct and signing for them?
Submitted: 2 years ago.
Category: Law
Expert:  Buachaill replied 2 years ago.
Buachaill :

1. Can you better explain your mother's position. Is she an accountant? Is she a member of the Society? on what basis did she prepare the accounts? is she being paid? Who is the finance director of the Society? Who is treasurer of the Society? Is the Society a limited company? What legal form has the Society? why is there the row or refusal?

Customer:

She is not an accountant not does she hold any formal qualifications. She was the Treasurer until 3 of the 5 members of the committee (Chairman, Secretary and ex offio member, but without consulting the President) decided they didn't want to work with her anymore as she disagreed with some of their decisions that were taken outside of committee meetings.

Customer:

Sorry, hit the return before completeing

Customer:

She prepared the accounts for handover as she has been "removed" as Treasurereand is happy with this as she no longer wshes or believes it is possible to work with the remaining committee.

Customer:

She is not paid.

Customer:

The Society is not limited in any way nor is it registered with the Charities commission.

Customer:

The issue is just one of a small group falling out over a number of issues but my Mum just wants to make sure that she hand over the accounts in good order andt hat they accept that the accounts are accurate. Two of the remaining committee are gossiping amongst our small community and making unfounded allegations that my Mum as treasurer has failed to pay invoices presented. She has the accounts and bank records to prove that thee wee paid on ime when presented, but she want to makesure that aftr handing the books over she has evidence that all was legit when she left her position as Treasur.

Customer:

M apologies for the misspellings and typo's above I am using an awkward keyboard!

Buachaill :

2. Here, I would advise your mother to make photocopies of all the bank statements, accounts, cheque books etc, so she has evidence should anything come of this dispute. However, as ousted Treasurer, she no long has any legal right to retain any of these documents. It is purely a question for the new Committee of the Society whether they accept her accounts or not. Your Mum, once she has been ousted, no longer has any lawful role in relation to these matters. Your mother cannot control, nor has she any legal right to control, what the new Committee or the Society does with the accounts as prepared. They can carry out whatever new set of accounts they wish. Your mother cannot, in law, force the Society to accept her set of accounts. However, the Society cannot prepare accounts which differ from the facts which are set out in the cheque books, bank accounts and other bank documents. So whilst your mother in law, has to turn over the bank accounts, cheque books etc along with her set of accounts,s he cannot in law control what the Society does with them thereafter, I regret to say.

Buachaill :

3. Be aware that if any unfounded allegations are made against your Mum, then she has a cause of action for defamation and malicious falsehood if untrue. So your mother should pursue the people who make unfounded allegations and not herself, behave unlawfully by not handing over the bank statements and cheque books.

Customer:

Thank you, ***** ***** most useful. Please can you confirm whether or not I can act on her behalf (and of course as advised in your answer) as her Attorney in handing over the books (as in the original question) and can insist on getting a signed schedule of documents handed over?

Buachaill :

4. YOu certainly can act on her behalf in handing over the documents and get a signed schedule of the documents handed over. There is no difficulty with that.

Customer:

Thank you, ***** ***** has been clear and helpful and I will make sure my Mum reads this advice herself. Many thanks

Buachaill :

5. YOu are welcome. Please RATE the Answer. Best wishes and good luck with everything.

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