I am trying to find ways in which certain rules within our associations constitution can be locked. This is of great importance, as it is a radical group, and new members in the future will try to ammend the rules. To give a little bit of background, we wish to create a sharing world, starting in a small way, to this end we have 1.5 acres of land, and as a member of society, anybody can take what they like from that land apart from the soil, so if there happens to be a car there, or apples on the trees, or anything at all, one can just come and take them, it is impossible to steal from there, We know this concept works very well, because we have a free sharing shop that is always full of goods, that peope are constantly taking away. It doesn't empty because, other people think its marvellous and put stuff on! Well we would like to have objects or clauses that can be locked, so that it can go on forever like this. Rather than some,change it back to buying and selling.
2006-10-17 08:00:35 · 5 answers · asked by green_womble 1 in Politics & Government ➔ Law & Ethics
Unfortunately I do not think this is possible because it depends on the articles of association and/or constitution that determines the guidelines for corporate governance of the society.
If the constitution states that a vote by the elected comittee is sufficient to amend the rules and regulations of the society then they can be changed.
In saying that there could be a case made in that the society executive are trustees of the funds and properties of the society or independent trustees may have been appointed with ex-officio status on the executive.
The trustees can be held legally responsible for any inappropriate action by the executive and/or their agents in respect of any inappropriate action or transactions conducted in the name of the society and can be liable to personally reimberse any losses as a result of this action. This would be a matter for the courts.
There is a lot of legislation governing this type of thing. Especially if the society is a registered charity.
The legislation includes The Charities Act, The Trustee Act. The Companies Act, to name but three. there is legal protection from the type of action to which you refer.
Hope this clarifies the situation a little.
2006-10-17 08:47:21 · answer #1 · answered by LYN W 5 · 0⤊ 0⤋
Disregarding the merits or your scheme, you are effectively trying to create a perpetual trust so that your rules are applied to future generations long after your corpse has rotted. This has always (I believe rightly so) been considered to be against the public interest.
The best compromise is to have a very restrictive Objects Clause in the Mem & Arts of a company as this will require 75% of members present and voting to effect a change. A bit of jiggery-pokery with different classes of shares, qualification for holding shares etc., should tie things up fairly well.
Why I am I answering this question? My views must be diometrically to yours and you rate second only to gypsies as neighbours from hell.
2006-10-18 22:35:04 · answer #2 · answered by Clive 6 · 0⤊ 0⤋
What a wonderful idea. It obviously depends on the type of person involved in the scheme, I can see that if the wrong people got involved, the shelves would soon be empty. As for your question, I"m sorry i can"t help. I suggest you have a 1/2 hour free consultation with a contracts lawyer. Anyway, best of luck to you all.
2006-10-17 08:21:22 · answer #3 · answered by researcher 3 · 0⤊ 0⤋
Hi,
I'd like to call you "Utopia", if this is OK....
We live in the proverbial, "Interesting Times".
What is good is a bad thing and what is bad has become "order of the day."
You technically, are standing in the way of "divide and conquer" and deprivation.
Continue to fight the Good Fight....
2006-10-17 08:42:39 · answer #4 · answered by cdrc_bkr 2 · 0⤊ 0⤋
dunno
2006-10-17 08:19:14 · answer #5 · answered by Anonymous · 0⤊ 0⤋