Charity Constitution Legal Help!

JuryWheel on 31/03/2020 - 12:58

HI all
I appreciate that ozb isnt the best place for this sort of question, but without going to a paid lawyer, this is 'maybe' the next best alternative.,…

Our sessional kinder is run as a charity with an exec committee made up of parents (this changes each year at the AGM but they can stick around for as long as they like). It is controller by a constitution, which i assume is fairly generic in nature.

Our current/old president did a crap job, couldnt find a replacement (with 1 email and 5 days..) so put it into voluntary administration (money was tight). The time has come to know either liquidate, or hand back to old committee. The administrators are happy either way basically….They dont want to BE the committee anymore but myself and other have put our hands up to take on the roles….

QUESTION: can an old committee simply handover to a new one….? OR do they need to resign, a new meting called in 21 days time, with a new committee organised then? What happens in the mean time?

I understand this is maybe unique to the particular charity, but is there a generic rule of thumb? I am happy to provide as much or as little of the constitution that people may need to assist. Thanks!

Education & Work

Comments

  • apu on 31/03/2020 - 13:20
    +3

    Typically, you need to follow what it says in the Constitution. There will be typically provisions around invoking an EGM. If you are concerned, speak to the relevant state or territory office of consumer affairs who normally administer incorporated associations.

  • JuryWheel on 31/03/2020 - 14:25

    Any idea who this may be in VIC?

    • kanmen on 31/03/2020 - 15:38

      Consumer Affairs Victoria, but as stated above read the Constitution.

      Also, is it a Charity with Charity status with the ACNC or is it just an Associated Incorporation?

      • JuryWheel on 31/03/2020 - 16:37

        Yep, registered charity as per ACNC

        • kanmen on 31/03/2020 - 16:55

          If your constitution is like/is the model rules it (by memory) says: that an EGM will need to be called with notice given, at that EGM all positions will be declared vacant for elections to take place. Often these are just people putting up their hands being elected unopposed.

          Unless they have provisions to co-opt people, in which case they can co-opt you in the meantime, until the EGM comes around.

          • JuryWheel on 31/03/2020 - 17:08

            @kanmen: Thanks for that. Is there a particular difference between an incorporated association and a charity except from tax purposes..?

            Edit. From what I can see, if one person was to resign, a new person can be elected by the committee without a meeting being needed. I assume this isn't different if all 3-4 happen at the same time….

            • kanmen on 01/04/2020 - 11:54

              @JuryWheel: This is where my knowledge ends but I think there is, it's more what being a Charity gives you. Organisations can be both an incorporated association and a charity.

              With regards to your edit, yes that's co-opting people. If there's nothing in your constitution about the limit then that's fine. Usually you do need an EGM/AGM to change bank signatories though, so these co-opted people cant have access to the money until then basically.

  • mt19 on 31/03/2020 - 15:16

    Model rules for Victoria:
    https://www.consumer.vic.gov.au/clubs-and-fundraising/incorp…

    Most charities don't amend from these, but as always YMMV

    • JuryWheel on 31/03/2020 - 17:10

      Thanks for the link

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