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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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My social club had an EGM this weekend, and only gave one

Resolved Question:

my social club had an EGM this weekend, and only gave one weeks notice of the meeting. The outcome of the meeting was they voted to close the club. even though disposal of the club wasn't on the agenda. my question is simple, is this legal
Assistant: Thank you. Can you provide any more details to help us find you the right Expert?
Customer: what information ?
Submitted: 5 months ago.
Category: Law
Expert:  Ash replied 5 months ago.

Hello my name is ***** ***** I will help you.
Does the club have its own constitution please?

Customer: replied 5 months ago.
but I haven't seen constitution, even after requesting.
Customer: replied 5 months ago.
the EGM notice only went up in the club. no other media was used to inform the members
Expert:  Ash replied 5 months ago.

You need to see it to see what that says.

It may be that it says one week is ok - although usually 2 weeks is normal.

If the proposal to close was brought up in Any other business, this may be acceptable.

But your starting point are the rules of the club. It should say how an EGM should be communicated. It would normally be by post to all members, so you need to check.

If they have not been followed the result can be declared void.

For that you would need to issue proceedings and use form N208:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n208-eng.pdf

The court would list the matter down and decide whether to declare it is void.
Can I clarify anything for you about this today please?

Customer: replied 5 months ago.
does a incorporate social club not have to comply with company law ?
Expert:  Ash replied 5 months ago.

Yes it does. There are special rules. But you must check the constitution first to see what it says.

That is your starting point.

Does that clarify?

Customer: replied 5 months ago.
finally is there anyway I can stop the closing process while I gather this information, or can they just keep stripping the club out ?
Expert:  Ash replied 5 months ago.

You could seek an injunction. Again its form N208:

If this answers your question could I invite you to rate my answer before you go today, otherwise the site doesn’t pay me for the time spent with you. http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n208-eng.pdf

But also form N16a:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n016-eng.pdf

This can halt the process.

Does that clarify?

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and 3 other Law Specialists are ready to help you
Customer: replied 5 months ago.
thank you
Expert:  Ash replied 5 months ago.

Thanks!

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