Re: [Fsfe-uk] Re: AFFS

[Jason Clifford]

On Mon, 2009-03-02 at 16:51 +0000, John¹ wrote:
> It might save everyone a lot of time and in some cases distress, and in my 
> case save me work in non-productive investigation, if you were to ask a 
> solicitor the same question, as I am domiciled in Scotland there might be 
> a difference in response, which is why I have not already done so. 

Although the constitution does not specify that it is governed under the
laws of England and Wales I suspect that this is fairly certain as it
references English law (Charities Act) and was constituted in England
and the AGMs took place in England.

As such you will need to consult a lawyer who consults on English law
rather than Scots law and who has sufficient specialisation in the
governance of unincorporated bodies with a constitution such as AFFS
had. 

You'll then need to bear in mind that (s)he will only offer you an
opinion and that other lawyers might well disagree with that opinion and
only a court will be in a position to make a binding statement as to the
legal situation.

All of this is nice if you want to waste everyone's time or are trying
for a power grab. If however you want to find a way to either resurrect
AFFS or to close it cleanly and pass the assets on to some other
organisation I suggest that this is an unnecessary and dangerous
distraction.