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

[John¹]

On Monday 02 March 2009 17:36:01 you wrote:
> 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.
>
Do you have a legal, opinion that states the above? 
>
> 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.

Do you have a legal, opinion that states the above? If so publish it it 
will save me a lot of time and work. 

-- 
John Seago
GNU/Linux Registered User No. #219566 http://counter.li.org/