[committee] Fwd: Fw: MOU for UCC

[Bob Adamson]

On Thu, 12 May 2011, Daniel Axtens wrote:
> Yeah, I've been thinking about that. Do you think the Guild would be OK with us changing to the charitable purposes dissolution clause?
> 
> 1. I don't think an SGM is that onerous a requirement. 

True, but the DoC discourages having the clause in a constitution because 
of the ambiguity of 'charitible institution/purposes'. You may recall they 
advised us of this at the incorporation info night that the executive 
attended. Seeing as they don't have lawyers check the constitution and are 
simply operating off a list of guidelines, I'm not sure whether they would 
reject a constitution on those grounds.

> 2. No MOU will solve the second problem, so unless the Guild proposes 
some additional requirement to fix it, I'm happy to allow them to take the risk. I think if they were really concerned about that they'd have made it a more prominent feature of the proposed MOU.

Under S 36 of the Associations Incorporation Act 1987, if the 
incorporation of a club is declared to be cancelled because it's defunct, 
the property of the club vests in the Commissioner. Also, under Subsection 
36.3 of of the same act, the Commissioner only has discretion once the 
debts and liabilities of the club have been paid. Essentially, using the 
debt method in the MOU would take any choice out of the Commissioners 
hands, and would relieve the guild of the responsibility of having to 
apply for our funds as any other charity would.
 
> At any rate, (and as much as it makes me feel like a conspiracy-theorist republican) do you think it would be possible for us to sight the documents the Guild claims it has?
Sure, drop Wayne an email if you want, he's pretty reasonable about these 
things I find.

Bob Adamson
UCC President

|"Bureaucracy is a challenge to the be conquered with a righteous        |
|attitude, an intolerance for stupidity, and a bulldozer when necessary" |
| ---Peter's Laws                                                        |