Advice regarding club "takeover"

[bluninja]

Interested to hear opinions advice from people that may have had some experience of similar stuff. Not naming the club or the pastime, but it's not motorbike related.

Our club has been dwindling in support for the past few years. I am head coach at the club and have been on the committee for a few years coaching and running the sport side of the club. The committee was made up mostly of parents of kids doing the sport who have now grown up and left the sport.

As a result of lots of things not happening it came to a head this week. As a result I was handed all the admin and assets not held at the club, but not the current accounts and current financials with the view to forming a new committee. I asked for a copy of the club constitution as I had never seen it, and needed to be sure I was behaving within the rules. Next I know there is an email to the sports governing body saying the club is being dissolved.

I checked the constitution and found that :-

a) The current committee, with the exception of myself are not members of the club under the club rules and ineligible to hold committee roles.
b)That under the rules, even if they were members, they cannot dissolve the club except at an AGM or SGM

I have advised them of this and asked that they transfer all assets, documentation etc over to me and the current membership so that I can legally run the club in the interim to the next AGM. So far there has been no response.

What can I do to make them hand over the club and stop them representing themselves as officers of the club?
If, having been informed that they are no longer members, or legally allowed to be officers of the club they continue to try running the club, sign cheques, sign legal agreements etc, are they breaking any laws (fraud?).
How would I get this matter resolved quickly without ending up with lawyers bills and court costs coming out of the clubs accounts?

If you got this far, well done

[Banditbandit]

You will need to convince the sports governing body that these people cannot dissolve the club ...

Or you can take it to court if you need to - talk to a lawyer ... maybe just talking to a lawyer will scare the hell out of the others than they will back off if they get communications from a lawyer.

If these people are not members but in possession of club documents, that could constitute theft .. ..

[bluninja]

Cheers, I have already provided a link to the clubs constitution (as an incorporated society all it's records are online....Duh! me)
and forwarded this to the sports governing body. I have had acknowledgement from the area body that I am factually correct in my interpretation of the rules, but no response from the national body as yet.

I'm hoping that I can get things moved on; it's complicated by the fact that they were members at the time they originally became committee members. The person that is the main reason for the schism, is also the same person that is seemingly trying to hold on (for the good of the club).

[HenryDorsetCase]

I see it as two separate issues: the incorporated society is in disarray: that needs to be sorted: so you are going to have to work out who the financial members are, then line them up so your preferred punters become the new committee, who then take over the assets and administration. Look at what is required to call a SGM rather than an AGM.

The "governing body" is a separate issue. Tell them tits or GTFO. When you have the club running properly within its rules then go back to them. I very much doubt that there is any authority handed to them to take over or otherwise control an independent entity.

That might be the case if there is a charitable aspect (unlikely) or if memory serves rugby union clubs have some structure which provides that the NZRFU is the ultimate beneficary of vacant assets and defunct clubs. You would need to read Mr Constitution to see. It will be there in black and white.

The Registrar of Incorporated Societies might give you some pointers (but maybe not) it will depend on who you strike there.

Good luck.

Every club has four to ten people who do all the work, then another 20 who bitch and moan about the people doing the work, then the general membership who dont want to know and just get on with whatever it is they do. I've had a couple of bad experiences so dont go there anymore....

[bluninja]

I see it as two separate issues: the incorporated society is in disarray: that needs to be sorted: so you are going to have to work out who the financial members are, then line them up so your preferred punters become the new committee, who then take over the assets and administration. Look at what is required to call a SGM rather than an AGM.

Already done. Because the current committee (me included) don't seem to have read the clubs constitution and amended as the club has developed we require more members to call an SGM than there are financial members in the club; thus it has to be an AGM.

The "governing body" is a separate issue. Tell them tits or GTFO. When you have the club running properly within its rules then go back to them. I very much doubt that there is any authority handed to them to take over or otherwise control an independent entity.

That might be the case if there is a charitable aspect (unlikely) or if memory serves rugby union clubs have some structure which provides that the NZRFU is the ultimate beneficary of vacant assets and defunct clubs. You would need to read Mr Constitution to see. It will be there in black and white.

Within the rules of our sporting structure all clubs assets go back to the area or the national body in the event of a club folding.

[HenryDorsetCase]

sounds like you're on the right track. You might need to see what is up as regards "stuff that can be done at an AGM" and "stuff that requires a special resolution or SGM".

Have fun now. Remember you will be reviled and resented by most people and also blamed when it turns to shit. Sorry to say.

[bluninja]

sounds like you're on the right track. You might need to see what is up as regards "stuff that can be done at an AGM" and "stuff that requires a special resolution or SGM".

Have fun now. Remember you will be reviled and resented by most people and also blamed when it turns to shit. Sorry to say.

I have now been on the committee of 6 sports clubs.....I must be a special kind of person

At an AGM the club can change the constitution!!! Crazily if there's only 1 club member then there is no quorum at the AGM and so it gets adjourned to the next day. On the next day there aren't sufficient numbers for a quorum, but after 30 minutes from the start the number of financial members in attendance becomes the quorum. Thus (in theory at least, and applying only to the specific club rules) 1 financial member could run an adjourned AGM and change the clubs constitution legally to whatever they liked. Sure the may be struck off the incorporated society list, but small price to pay for absolute power over the club (with 1 member)

[avgas]

I forgot the latin phrase - but a club can not be dissolved without the agreement of the committee......which if you are on the committee then I don't see happening.

It was something funny like all accept dissolve, or all dissolve and accept? (in latin of course).

Used to be painted as the last line on a board in all club halls. A kind of "cover your arse" clause.

Legal types and boys scouts should be able to tell you it.

No.....it wasn't "All for one and one for all"

[Maha]

The 'Strattford All Comers Xtreme Bridge Club' could soon be in good hands..

[Gremlin]

No.....it wasn't "All for one and one for all"

What was that?

[bluninja]

I'm just glad I'm not on the committee of a Poker club

[jasonu]

I'm just glad I'm not on the committee of a Poker club

Poker in the front, liquor in the rear... or is it the other way around?

[bluninja]

A few bruised egos later and the club transfers to me this week for the interim until the next AGM. Shit I have so much work to do now....but I feel good. I just hope I can let go when it's time and not carry a martyr complex when things need to move on.
Also need to make sure all is legal, constitutional, and transparent going forward. Thanks for the input.

BTW I think it's Poker anywhere inside

[Smifffy]

Patch over party!!