[AUUG-Talk]: Wind up AUUG: Objections?

Karl Auer kauer at biplane.com.au
Tue Oct 28 20:01:54 EST 2008

Preamble: We aren't planning on giving anything to members, so this is
just an interesting discussion with no bearing on the present
predicament of AUUG.

On Tue, 2008-10-28 at 19:44 +1100, Peter Jeremy wrote:
> On 2008-Oct-28 10:44:11 +1100, Karl Auer <kauer at biplane.com.au> wrote:
> >The key words here are "by way of dividend". I.e., profits can't be
> >distributed.
> ...
> >Really: There is no legal or constitutional barrier to giving anything
> >we choose to anyone we choose, within the  limits I've mentioned (good
> >faith, benefit to the association, applicable law).
> IANAL but I would be really surprised if CAV agreed with your
> interpretation.  My understanding is that "assets can't be
> distributed to members" is a requirement under the Act.

Um - that's what I said! The first two quotes above are mine. Profits
can't be distributed. That is not the same as "an association is never
allowed to give a member anything".

Basically, anything given has to be given either as a function of the
purpose of the association (which is not allowed to be profit,
remember), or for a consideration of some kind, i.e., to the benefit of
the association. And it has to be in good faith and not against the law.

> The comment made later about the MacBook is irrelevant - title in the
> MacBook remains with AUUG - the Board authorises the Treasurer to have
> it in his posession to enable him to maintain the accounts.

Correct. If, however, the committee thought that the association would
benefit if the macbook were just *given* to the member, in exchange for
maintaining the accounts, that would be just fine too... 

Regards, K.

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

GPG fingerprint: DD23 0DF3 2260 3060 7FEC 5CA8 1AF6 D9E3 CFEE 6B28

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