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kmslaw, Solicitor
Category: Australia Law
Satisfied Customers: 209
Experience:  I have 15 years legal experience behind me and I graduated from the University of Sydney with First Class Honours in Arts/Law.
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We have a constitution that states: Nomination of Members

Customer Question

Hello. We have a constitution that states: Nomination of Members proposed as Office Bearers or as a Member of the Committee shall be made in writing to the Secretary at least twenty-one(21) days before the date of the AGM and shall be signed by at least one member and the nominee. My question is: Our Secretary decided that nominations would not be taken after a date which she nominated at 46 days before the agm. Is this a reasonable or unreasonable length of time before the AGM? It has denied some people who would have like to have stood for committee, because they read the constitution and took that as being the correct directions.
Submitted: 1 year ago.
Category: Australia Law
Expert:  kmslaw replied 1 year ago.

Hello my name is***** am a solicitor in NSW who is going to help with your inquiry today. Please note that I am in meetings all of today but will be able to respond to any questions tomorrow morning. The Secretary should not be not permitting nominations 46 days before the AGM if the Constitution says they can be accepted up to 21 days beforehand. However sometimes organisations have committee members that wield too much power just because they are undertaking a role. You need to bring the Secretary into line again with any dispute resolution clauses in the Constitution or at least object at the AGM to your nomination not being accepted. Sadly unless you want to get a Court order you only have your objections through those processes to rely upon.

Expert:  kmslaw replied 1 year ago.

Hello. Did my answer help you? Do you need further help?