Legal advice please can just the treasurer of a members social club just decide to close it without a meeting?
we have been told that the treasurer of our members social club is about to pull the plug on us, he has bad managed the paying of bills and wants to close us down , can he do this without the members having a say.
Answers:
The answer I guess would be no
As he is the treasurer and in charge of the money. Maybe he is going to do a runner to Brazil with your proffits.
Cal the police, I smell a rat
I dont think so
No. There should be records of income and expenses and an annual return filed with the IRS. He is accountable for all money taken in and all expenses and whatever money is on hand or isn't on hand.
Of course not he cannot do that all by himself without the approval of other members. The treasurer is only one vote
I guess he is about to run with a suitcase full of money.
As a member you have the right to ask for an accounting investigation.
Vote him out if everyone agree.
no- there should be agreement between 4 committee members. COnvene an emergency metting of as many members as possible. get another treasureer by implement ing a vote of no confidence - which will need to be seconded and voted on.
then vote in another treasurer. Obviously all this would need to be properly minuted.
Provisions for the closure of the club will be contained in the constitution. They would normally state that the club can only be closed following a meeting of the entire membership at which a majority approves of the closure. You will probably find that any member can call an EGM if necessary to stop this.
No he can't, but it will depend on the constitution of the club itself. What you should do, as a member yourself, is call a meeting and have him removed.
If it turns out that he CAN close it down, there is noting to stop you reopening it immediately without him.
No Member of a Social Club has the power to close it down.
The Constitution of the Club will state that if the Club is to be wound up, an Emergency Meeting must be called giving x number of days notice (normally 14 days). The Meeting must have nothing else on the Agenda but the Motion to Wind Up the xxx Social Club.
If a decision is arrived at, the majority would succeed. This could be two thirds of the Members present or as directed in the Rules of the Club.
Your Treasurer has no authority to do anything other than ask the President, Chairman or Secretary to convene such a Meeting and all the relevant documentation concerning the reason must be stated. The Chairman must charge the Treasurer with provision of an up to date account of the funding and assets of the Club.
Should there be any grounds for suspicious behaviour by any Member in relation to the Club, the Secretary should contact the Police, so that an investigation can be commenced.
It would be a very sound idea, at this stage, to obtain a Statement from the Bank stating the Receipts and Payments together with the current balance.
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