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Difference between revisions of "Reviewing Your Non-profit Society's Bylaws"
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Reviewing Your Non-profit Society's Bylaws (view source)
Revision as of 22:32, 4 December 2016
, 22:32, 4 December 2016→Example 2: Quorum at general meetings
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<blockquote>'''Quorum''' | <blockquote>'''Quorum''' | ||
82(1) Subject to subsections (3) and (4), the quorum for the transaction of business at a general meeting is | '''82''' (1) Subject to subsections (3) and (4), the quorum for the transaction of business at a general meeting is | ||
:(a) 3 voting members, unless paragraph (b) of this subsection applies, or | :(a) 3 voting members, unless paragraph (b) of this subsection applies, or | ||
:(b) if the bylaws provide for a quorum greater than 3 voting members, that quorum. | :(b) if the bylaws provide for a quorum greater than 3 voting members, that quorum. | ||
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</blockquote> | </blockquote> | ||
==== Step 1: Does clause align with new Act? ==== | ==== Step 1: Does the clause align with the new Act? ==== | ||
There are some issues arising from the society's existing bylaws when read together with the relevant provision in the new Act: | There are some issues arising from the society's existing bylaws when read together with the relevant provision in the new Act: | ||
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* The provision in the new Act contemplates the bylaws specifying the number of voting members or requiring a calculation as a percentage of voting members or on another basis. Yet the existing bylaws say "or a greater number that the members may determine at a general meeting". That wording does not specify a number of voting members or a calculation. Which places the wording in the existing bylaws somewhat in tension with the wording of the new Act. | * The provision in the new Act contemplates the bylaws specifying the number of voting members or requiring a calculation as a percentage of voting members or on another basis. Yet the existing bylaws say "or a greater number that the members may determine at a general meeting". That wording does not specify a number of voting members or a calculation. Which places the wording in the existing bylaws somewhat in tension with the wording of the new Act. | ||
==== Step 2: Does clause support needs of society? ==== | ==== Step 2: Does the clause support the needs of the society? ==== | ||
Let's turn our attention to the quorum provision in the new model bylaws. The bylaw provides for a quorum of 3 voting members or 10% of voting members, whichever is greater. Consider whether 3 voting members is too few for your society, what percentage of voting members might be a good fit for your society, and whether a different mechanism to determine quorum (so long as it complied with the Act) would be preferable. | Let's turn our attention to the quorum provision in the new model bylaws. The bylaw provides for a quorum of 3 voting members or 10% of voting members, whichever is greater. Consider whether 3 voting members is too few for your society, what percentage of voting members might be a good fit for your society, and whether a different mechanism to determine quorum (so long as it complied with the Act) would be preferable. | ||