[committee] Constitution Issues: Statutes committee

Daniel Axtens danielax at gmail.com
Fri Apr 8 14:55:53 WST 2011


Hi all,

As you may be aware we have to submit our constitution to Statutes, a guild sub-committee, for their approval before we incorporate. We recently submitted our constitution to them. However, they have knocked back our constitution on the grounds of our new dissolution clause. As you may remember, our dissolution clause was amended at the SGM to fulfil the requirements of the Department of Commerce; specifically, that the club assets must be distributed to an organisation incorporated under the Associations Incorporation Act 1987 (WA) with similar aims upon dissolution. 
=> tl;dr: Guild has knocked back our constitution because of the dissolution clause.

The Guild is apparently concerned that if our club folds, no-one would be able to access our now considerable assets. (Apparently once an incorporated club folded and no-one could access their 10k.) Further, they believe that as they funded the club through grants and by providing the clubroom, they should receive our left over funds when we fold. However, the Guild is not incorporated under that act, rather it is a statutory corporation created by the University of Western Australia Act 1911 (WA), not to mention their aims are quite different to ours.
=> tl;dr: The knock-back is because the Guild wants our money if we dissolve, which, under the dissolution clause is impossible.

[MRD] and [BOB] are working an sensible solution with the Guild. Currently we've been delayed because the chair of statutes is a 3rd year law student and therefore had a 20% Property assignment due at noon today, and has an Equity midsem next Saturday. More updates to follow.
=> tl;dr: [MRD] and [BOB] are on it. Stay calm and carry on.

Best regards,
Daniel Axtens
[DJA]
OCM 2011


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