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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Company (and charity) Law: A small charity that is a company

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Company (and charity) Law: A small charity that is a company limited by guarantee and therefore subject to the Companies Act as well as charity law wishes to make changes to it's constitution. This is to adopt the Charity Commission's up to date model articles so all very straightforward. However the old Articles pre-date the internet etc and they say that a copy of a special resolution such as the one making this change must be sent to voting members' postal addresses. We know that recent updates to company law allow the use of email communication for this type of thing, but can we use that in this case or are we bound by the strict exact wording of the articles that predate email? The costs to the charity of printing and posting notices would be significant. Thank you for your help.
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,
I am afraid the current Articles prevail and if they require notices to be sent by post, the notice must be sent by post otherwise the meeting and any resolutions passed subsequently to the notice will be invalid.
The new articles should allow for notices to be sent by email so as to do away with the costly requirement of posting notices, going forward,
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Customer: replied 2 years ago.

Thank you, ***** ***** pretty unequivocal. The new articles do indeed permit electronic communications.

David

Expert:  UKSolicitorJA replied 2 years ago.
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