Re: [Fsfe-uk] Membership, Executive membership and a suggestion

[Jason Clifford]

On Mon, 2009-03-02 at 17:09 +0000, John¹ wrote:
> You are no doubt absolutely correct, to imagine that the the intervening 
> time has not elapsed is indeed a fiction, there is no valid way of calling 
> an AGM, and what should have happened was the the meeting of 2005 should 
> have noted its proceedings, and been recalled as an EGM with two items on 
> the Agenda, 1) to hold a quorate AGM, or 2) to wind up the AFFS, neither 
> happened, if you wish to continue with this method of going forward, then 
> I would suggest that you first consult a solicitor  

What "should have happened" is utterly irrelevant if you want to see
AFFS either resurrected or to see the assets of what was AFFS pass on to
what is likely to be an acceptable successor.

If you want to insist that things be done entirely in accordance with
the constitution of AFFS and the law then there is no choice but to
recognise that AFFS does not exist and has not done so for a
considerable period of time and that the money and other assets must
immediately be handed over to HM Treasury.

If that's what you want it's easy enough to do.

If, on the other hand, you want to find a means of avoiding that end
then I suggest you stop trying to apportion blame and consider the
possibility of a workable solution.

> If you wish to relieve me of the work that I have started, please feel free 
> to let me know. However please consult a solicitor first, don't forget to 
> mention when you do that there seems to be at least one extant member.  

If you want to be legally correct that's not necessary. AFFS does not
exist lawfully any more. You are not an extant member as you cannot be a
member of an organisation that does not exist.