Posted by John Wilson on December 11, 2000 at 13:19:52 from 203.96.26.98:
In Reply to: Re: Company Status; was TARS Membership List posted by Jock on December 08, 2000 at 16:52:29:
Yes I think that people would prefer to join a club rather than a company, so keep a club organisation but run the commercial part through a company! While Tim Curtis recommended that club rules should indemnify committee members and trustees against liability, I am not sure if this stops anyone sueing them individually as well as sueing the club. Hence the individual could still end up in court, even if the court finally decided against the club only. And if the club was sued but did not have the money, could that still leave the committee member or trustee out of pocket?
New Zealand has a law called The Incorporated Societies Act of 1908 for non-profitmaking organisations. I am a branch (not National) treasurer of the “Youth Hostels Association of New Zealand Inc”. As required by the Act a clause in the constitution provides that if the association is liquidated the assets are transferred to similar associations and cannot be distributed to members. Other clauses exclude officeholders, employees and members from personal liability. YHA (the name proposed a few years ago of Hostelling International didn’t stick, although most hostellers are adult) is non-profitmaking, but competes with private backpackers.
Re the sail training of the Ds by Tom and the twins, Mrs Barrable was not qualified to supervise them, and in CC they thought Mrs B. herself was “rather rash”. But John was rash in SD!