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UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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We are friends and formalised an association with set of officers.

Customer Question

We are friends and formalised an association with set of officers. We are not registered. We have a bank account. It's been four years, my husband chaired the first two years and I am for 2012-2014. The set of officers became inactive, out 8, 4 officers were left. Our friendship had fallen out over a gossip, people were hurt, insulting each one another. The objectives to foster good relationship was not there. When we set the election, they demanded to change the date, we did. The four officers agreed rules, but was not followed by the Election Committee. Despite that, new set of officers were elected. Majority of members are silent and did not attend the election and does not want to get involve. As being chairperson and the recipient of the insult, I would like to donate whatever money left in the bank to a charity agency and close the bank account, and dissolve the organization. Can you please advice me if I can be prosecuted?
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.

You should seek the consent of all members first before giving the money away unless the rules or constitution of your organisation state that the chairperson is free to donate any remaining money at her discretion upon dissolution of the organisation.

Although what you propose to do is not criminal and therefore you cannot be prosecuted for it, you could face a personal claim for the money and could be asked by the court to repay it from your own funds.

You may write a letter to all members, state what you intend to do and give them until say 30 July to come back to you with their views, failing which you will action your intention of giving the money away.

Hope this helps
Customer: replied 3 years ago.

Thank you. What percentage is reasonable for both (member agreeing to dissolution + no reply despite notice against (no to dissolution). Also may I ask as well, that since the election proceeded, the election committee did not follow our constitution and the rules set by the officers, what action could I take?

Expert:  UKSolicitorJA replied 3 years ago.
You may ask for the election committee meeting to be non constitutional and therefore having no legal effect but if the members refuse, you would need to go to court to get an order nullifying the same.

I am afraid I cannot say what is a reasonable,percentage, it could be 1% or it could be 99%, it really depends.

Hope this clarifies