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DD> Do such Unincorporated Associations require DD> a chairman(ager/ess), secretary or treasurer? AWL> No, as long as there is some sort of individual or AWL> committee in charge, the titles are pretty meaningless. RS> Thats not right, and they aint normally 'in charge' RS> even in associations, incorporated or not. OK, how about excercising the powers of management then? AWL> Otherwise you could avoid the Common Law stuff on AWL> Unincorporated Associations by calling your organisational AWL> head "Grand Poobah" instead of President. RS> Yes, but pity your wild claims about what qualifys as an RS> unincorporated association are just crap. That consideration RS> only apply if you really do have an unincorporated RS> association, and Fido aint one. Then what the fuck is it Rod. It is an association, and it isn't incorporated... DD> Do they have to have an Annual general meeting? AWL> No. As long as there is some sort of organised AWL> discussion of administration (Sysop/*C echos AWL> could be considered permanent session meetings) RS> Oh bullshit. Next you will be trying to claim that a group RS> of people who choose to meet down the pub on a particular RS> evening regularly is also an unincorporated association, its RS> complete tripe Alex. They could well be. If they can be recognised from outside as having membership in some named body such as "Pete's Avengers" but not "Pete's Friday Night Crowd." If they have a "Grand High Pisspot" or a titled "Keeper of the Loose Change" then they could be an association. If they nominate someone to do things on behalf of the membership (such as booking the back room, tipping the waitresses at Christmas, paying and recovering deposits etc)... If people percieve them to have some kind of structure and existance outside of the individuals that make up the group... DD> Are they obliged to keep minutes of any meetings? AWL> No, but not doing so means that it comes down AWL> to personal recollections (or logged e-mail :-)... DD> Are they required to hold periodic elections? AWL> No, Life Appointments can be valid. As can any other form AWL> of appointment.. RS> But that doesnt automatically mean they are an RS> unincorporated association. But it would be hard for them to claim otherwise. If they are an association (and formal Rules go a long way to proving that they are) or at least they are not any other kind of body recognised by the Law (Religious Order, School, etc) and are not incorporated (or exempt form doing so (such as P&Cs)) then they may find themselves treated as one. Remember that an association is just short hand for a defined group of individuals, like a partnership... You sue the individuals collectively, the association is just a handle to hold them by. Their membership list determines who is and who is not a party to the action... RS> Thats the absolutely classic logic trap that just because RS> cats have tails, doesnt say that every animal with a tail is RS> a cat. An association is a group of people. Therefor a group of people is an association - wrong. However if a group of people doesn't fit any other catagory, and act together in some common purpose, then they are an association (other catagories could (I guess) be considered special cases of association, like partnership, corporation, religious order, school, university etc) RS> All quite irrelevant when discussing your claim RS> that Fido is an unincorporated association. It aint. Then, considering P4, the *Cs, Sysop Echos etc, what the fuck is it? ...Alex. (Pagan & Proud) ---* Origin: Elfwhere - the POINty eared POINt (3:640/450.2379) SEEN-BY: 640/305 450 458 711/934 30163/9 @PATH: 640/450 305 711/934 |
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