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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11154
Experience:  30 years as a practising solicitor.
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Club Chairperson refuses to release AGM and Finacial Report

Resolved Question:

Club Chairperson refuses to release AGM and Finacial Report for one year.
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.

What is his reason for this?

Customer: replied 1 year ago.
The Chairperson insists that the AGM Minutes containing the Financial Report do not require to be reveailed to members until the next AGM in at least one year from the previous AGM held this year on February 2016
Regards, ***** *****
Expert:  JGM replied 1 year ago.

What does the constitution say about that?

Customer: replied 1 year ago.
The Constitution does not mention any details, other than that the AGM will be held every year. The Constitution has also not been signed or dated. The AGM this year, was the first AGM, although the Club has been in existence for about five years.
Expert:  JGM replied 1 year ago.

So there is a a breach of the rules as regards ***** ***** and potentially that the Constitution is invalid too although Insuspect that there may be no need to sign or date that if this is a private club which is unincorporated although there should be a minute adopting the constitution at the very least. The Minutes probably don't have to be circulated until the Notice calling the following year's AGM.. You might want to enrol a motion changing that. However the accounts should be circulated to the membership. Each member is entitled to see the accounts as each member can be held liable for the debts of the Club in certain situations. I suggest that an extraordinary general meeting or whatever the Constitution provides for is considered by the aggrieved members so as to deal with these issues. I hope that helps. Please leave a positive rating so that I am credits for my time.

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