Folding up a Club

[JamesW]

If a club folds what happens to all its kit & cash in the bank ect
Thanks

[Adrian Kelland]

This depends on your constitution. If you do not follow it, you could find trouble ahead.

Also if you have had any grant funding for kit etc, there are usually terms in the grant specifying what should happen if the winding up happens within a certain period from the grant.

Our one involves any money remaining after debts paid going to either BSAC HQ in trust for some kind of restart or other local branches. Something like that.

Adrian

[TerryH]

Nearly all clubs have clauses in there constitutions to stop individuals
benefitting from closing a club.

Imagine a scenario where the clique run the club down and dont encourage
new members and old ones fail to renew. Now the assetts (maybe a RIB etc.)
add up to a fair sum and is divided amongst those remaining.

So in some circumstances its actually in individuals financial interest to
close a club. Which is why many have statements that say it all goes
elsewhere ie. other similar clubs.

TerryH

[MattS]

Our branch would donate any residual to up to three charaties nominated by the remaining members. IIRC we chose a charitable donation to avoid any tax liabilities.

[Andy Wade]

Our branch would donate any residual to up to three charaties nominated by the remaining members. IIRC we chose a charitable donation to avoid any tax liabilities.

My previous branch had something very similar in place, it was brought in to comply with a lottery grant application.
Something to do with not being able to profit from a grant by selling off the assets and splitting the cash.
In theory it would be a good money making exercise, set up a club, apply for a huge grant for equipment, buy the equipment, sell it and make off with the cash.:eek:
In theory that is...

[Tristan Green]

As noted by others it is up to the branch to decide what it wants to do and write it in its constitution.

We updated our Club's this year and it now says that the Club may only be dissolved at a general meeting if there is a two-thirds majority in favour of doing so. It is also up to those present at the same meeting to decide what will happen to any remaining assets. If they wish to donate then all to the hardworking chairman then that's what will happen :D .

We haven't applied for, or received, any money from a third party for as long as I've been with the club so I guess there are no complications for us with giving back donations.

Cheers,
Tristan

[John Williams]

I thought that the by-law relating to winding up a branch was one of those that could not be altered.

Just like you cannot alter the responsibility of the DO (By-law 10 IIRC) - because they derive their authority from the NDO and not from the branch (except that the branch elects them!)

The BSAC acknowledges that the set of Model By-Laws will not fit every branch - and that changes are permitted (as long as they follow the established procedure for making them)

However all changes should be notified to HQ for adding to the branch file
(see http://www.bsac.org/branchmanage/321byelaw.shtml#model )

This also means that changes made within the branch are not valid unless HQ is informed (and can check to ensure that the change does not conflict with the Articles of Association). It also means that the ONLY definitive copy of your branch By-laws are kept at HQ (ensuring that someone cannot re-write them to suit themselves and pass them off as legit!)

Branches would be well-advised to check which version of their By-Laws is held at HQ (and is therefore the current, enforceable set) and ensure that they are working to the same set - or seek to bring the HQ copy up-to-date at the first opportunity.

Would this topic be better discussed in the private BSAC forums - specifically the "Branch Matters" forum rather than out in a "General Diving Chat" forum open to the general public?
(it is internal stuff that might bore the pants off the general public - and the "Branch Matters" forum is likely to generate more informed opinions)

With Winker 88's permission (as original poster) can a Sys Admin move it there?

John

[Tristan Green]

John,

Perhaps I should have stated above that the changes to our constitution were made with the knowledge of (and help from) people at BSAC HQ.

I would recommend that any branch in the position of wishing to change their bye-laws or constitution should first contact HQ and let them know what they want to do. They can help you and probably know of a case where the same changes were made in another club.

WRT moving this thread - it's up to the original poster where he wants the question (and I believe that they may not have access to the members forums - that's why it's here). Why not post a new question along the same lines in the members area yourself, John, and see what replies you get?

Cheers,
Tristan

[Andy Wade]

John,

WRT moving this thread - it's up to the original poster where he wants the question (and I believe that they may not have access to the members forums - that's why it's here). Why not post a new question along the same lines in the members area yourself, John, and see what replies you get?

Cheers,
Tristan

I agree, My membership has currently lapsed although I'm in the process of renewing it at a new branch, so I'd like to see this discussion stay in the public area where it was first posted.
My opinion may change soon though ;)
(Mandy Rice-Davies)

[JamesW]

Hi if you want to move it you can no problem with me
Thanks