TIP: Click on subject to list as thread! ANSI
echo: locsysop
to: Alexander Watson Law
from: Rod Speed
date: 1995-06-14 12:50:48
subject: locsysop

AWL> An Unincorporated Association is like a
AWL> partnership with a flux of membership...

Nope, nothing remotely like.

AWL> It has no separate (legal) existance, but can be treated as
AWL> an entity as a short-hand for the individuals who make it up.
AWL> Any suit is against those individuals, but the Membership List
AWL> is what determines who is and is not a party to the action...

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.

Thats not right, and they aint normally 'in charge'
even in associations, incorporated or not.

AWL> Otherwise you could avoid the Common Law stuff on Unincorporated
AWL> Associations by calling your organisational head "Grand Poobah"
AWL> instead of President.

Yes, but pity your wild claims about what qualifys as an unincorporated
association are just crap. That consideration only apply if you really
do have an unincorporated association, and Fido aint one.

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)

Oh bullshit. Next you will be trying to claim that a group of people
who choose to meet down the pub on a particular evening regularly is
also an unincorporated association, its complete tripe Alex.

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 of appointment..

But that doesnt automatically mean they are an unincorporated association.

Thats the absolutely classic logic trap that just because cats
have tails, doesnt say that every animal with a tail is a cat.

AWL> Of course if you incorporate it becomes more difficult, and
AWL> varies from State to State. In QLD you must hold elections, in
AWL> SA that is *not* required. In QLD you are reasonably free to
AWL> contract out of Natural Justice, in SA you are bound to follow
AWL> it in all dealings. About the only constant is limited personal
AWL> liability and the need for financial accountability (Annual Audits)...

All quite irrelevant when discussing your claim
that Fido is an unincorporated association. It aint.

--- PQWK202
* Origin: afswlw rjfilepwq (3:711/934.2)
SEEN-BY: 711/934
@PATH: 711/934

SOURCE: echomail via fidonet.ozzmosis.com

Email questions or comments to sysop@ipingthereforeiam.com
All parts of this website painstakingly hand-crafted in the U.S.A.!
IPTIA BBS/MUD/Terminal/Game Server List, © 2025 IPTIA Consulting™.