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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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We are an unincorporated members club. A group within the

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We are an unincorporated members club. A group within the club brought forward a resolution to the very recent AGM to introduce a new rule. The vote failed to reach the required two thirds majority (as per Constitution) and was therefore denied. The group now plan to call an EGM with the necessary forty days notice to try again. Can you confirm that this is unreasonable, because they in effect could repeat the process ad nausium until they achieve there objective? Would this not be against natural justice?
Submitted: 9 months ago.
Category: Law
Expert:  Ash replied 9 months ago.
Hello my name is ***** ***** I will help you with this.Does the constitution say they can have a re-vote?Alex
Customer: replied 9 months ago.
No
Expert:  Ash replied 9 months ago.
Is it silent or does it say one way or another?
Customer: replied 9 months ago.
It is silent on the matter
Expert:  Ash replied 9 months ago.
Unless the constitution prevents them from doing this then there is nothing to stop them. If they have enough members signed up to get an EGM then a motion can be put on the table. You can't stop that.If the members when formed did not intend for repeated votes it should have been in the constitution, but sadly it is not.This means as long as they abide by the requirements they can force a vote. Its like Scotland having a revote on independence, if it is what the electorate want you can't stop them.The constitution could have been drafted better.I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.Can I clarify anything for you about this today please?Alex
Customer: replied 9 months ago.
No, that's absolutely fine. Clearly the club has been remiss in not for seeing such issues. However it is really a non issue as mathematically they can never meet the two thirds majority, they simply don't see it. But hey, ho!Thank you very much for your speedy response.Ken
Expert:  Ash replied 9 months ago.
Indeed. I am sorry Ken. If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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