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Dissolution Question


marley
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Hi

So our constitution states

 

 

The group maybe dissolved by a resolution passed by two thirds majority of those present and voting at a special general meeting convened for the purpose of which 21 days notice shall be given to the members.

 

Now is this just committee members or all parents?

 

I could end up getting registered, resigning from my job etc etc and dissolution can only take place just prior to transfer of business...so what if it is parents and i dont get the majority i need at that time. I thought it was just committee hence this meeting tomorrow so i can least get an indication of the level of support.

 

I wish they would make these constitutions easier to understand!!

 

Any advice?

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Guest jenpercy

You need an Emergency AGM. All parents should be members our constitution was not PLA, but that is the standard stuff in constitutions.

 

Rather than you paying the Charity to take it over, the charity needs to spend all its money!!! If you are not going to form a charity, you may have to pay for any assets that are clearly worth something. Any monies must then be spent (on a party for the children, or given to another charity. However if you open some sort of a charitable company, you may be able to take over the assets without paying. It is clearly not in the interests of the children and their parents for you to have to pay as it can only lead to increased fees. I'm also not sure if this applies to a Public Interest Company (or whatever they are called). Get advice from the PLA , they also do after school clubs - at least in Essex or your county business Advisor fotr childcare.

 

http://www.charity-commission.gov.uk/libra...ce/csd1077a.pdf

Edited by jenpercy
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Marley it's not that bad. You need to inform all members (parents & committee) that you are calling a EGM & for what purpose. You need to give 21 days notice, so if you inform them on Thursday then your meeting can be held on 6th Oct. Then as long as 2/3's of those that are present vote in favour you can pass the resolution. So even if only 4 people turn up as long as 3 of them vote in favour you will be ok.

We had a typo in our original constitution that instead of saying 2/3's of those present said 2/3's of members- my goodness trying to get 2/3's of members together was a nightmare. We ended up doing it at the end of a session and staff kept children in an adjoining room whilst the chair explained to parents what we needed!!

Good luck

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