[AUUG-Talk]: Who gets AUUG's assets?

[Karl Auer]

On Mon, 2008-01-21 at 12:18 +1100, Christopher Vance wrote:
> >If the sole reason for such a step were to be to evade the wind-up
> >clauses of the constitution, then I suppose a case could be made that
> >such a step was in bad faith. The committee would need to be sure that
> >it was not acting simply to evade the wind-up clauses, but rather in the
> >interest of furthering AUUG's aims.
> 
> Which is why such a thing has to exist and be visible before any
> wind-up, and why I don't think it's a good idea for any of the
> existing Board to be involved.  I'm happy to encourage, but won't be
> involved.

It certainly has to exist before any winding up, because no transfer can
occur at winding up unless it follow the wind-up clauses of the
constitution.

It's not clear to me why none of the existing board can be involved -
again it comes down to good faith, and transparency is IMHO about 90% of
good faith. Of course, if none of the existing board *want* to be
involved, that's obviously their right.

> (3) Members vote to dissolve, but there are one or more neoAUUGs
> waiting for recognition.  Board distributes assets at its discretion,
> and decides which neoAUUG, if any, to recognize as an official
> successor.

The idea of "recognition" is odd. The committee can give assets to
almost any organisation if that is done in furtherance of AUUGs aims.
There is no need for "recognition" or official sanction of any
description. The current board does not, cannot and should not attempt
to control the other organisation.

> I do not believe "unincorporation" is recognized by the relevant laws.
> (If you have even anecdotal advice from somebody qualified to know
> otherwise, please let us know.)

No - the group can wind up, and that's it. If the same group of people
decide to form an unincorporated association immediately afterwards - or
even before! - that is their choice.

Regards, K.

-- 
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Karl Auer (kauer at biplane.com.au)                   +61-2-64957160 (h)
http://www.biplane.com.au/~kauer/                  +61-428-957160 (mob)

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