In my article, “Responsibilities of those in Governance,LINK” I mention the need for those governing a community organisation to be aware of what is in the organisation’s “constitutional documentation, including any policy, strategic and regulatory documents.” Many trust deeds and society rules are cluttered with material that need not be there, but should be in […]
Some of what should be in a society’s rules is required by law, but those requirements are (under the Incorporated Societies Act 1908 and Charitable Trusts Act 1957) very basic, and inadequate to provide the framework for good governance and good relationships between a society and its members and between the members themselves. The new […]
Issues The first interview with people wanting to form a society is usually interesting, as there are issues to be discussed they have never thought of. Generally, I try to avoid getting into details immediately, as I think it is important to understand what may be required by exploring: What the organisation is already doing […]
What is the issue? In 2011, a reader of my articles raised an issue for consideration in this series of articles, saying: Over the years I have had cause to read many constitutional documents, perhaps more carefully than some of the officers or members of the societies concerned. Frequently there is a clause relating to […]
A Society Problem Ever since I started writing and publishing articles about not-for-profit entities in 2010 those articles have generated various enquiries and responses, but few are more difficult to answer than the type of enquiry set out below (for obvious reasons, the details have been changed): Hi Mark. I have just read one of […]
I have written elsewhere about the need for members of a society to exercise vigilance if they are to protect or control the destiny of their society (see for instance, “Trouble at the Courts – anyone for tennis?”LINK). The ease by which the balance of democratic power can be tipped is illustrated by the facts […]
Governance and management There are clear differences between governance and management, and if that distinction is understood by societies and their members potential disagreements can be avoided or handled better. In simple terms, “governance” refers to the making of policy decisions that “govern” or inform what “managers” do, and “management” refers to the implementation of […]
Background The Law Commission’s 2013 Report, A New Act for Incorporated Societies, noted at paragraph 7.58 that: During our consultation we were constantly told of the need for education and guidance for societies in drafting their constitutions and in running societies in general. An internet-based constitution builder tool would provide that guidance and would greatly […]
What is the issue? A question reasonably frequently asked of me is whether a general meeting of a society’s members can over-rule decisions of a society’s executive committee or direct the committee to do something. Such questions are seldom capable of a definite answer, and before trying to respond to them I always need to […]
The issues It is common practice to co-opt people to join committees or sub-committees of societies or trusts, and a well-drawn constitution should make clear the powers and responsibilities of such co-opted people. Co-option is a term used to indicate that someone from outside a group may be included in the group, either by the […]
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