(AGM) requirements?

redunited

Hi all looking for a bit of advice.

Not sure if right forum, please move if not.

I operate a local non for profit community club for kids with along with a committee. We have been running it for the past 9 months with no problems, however a few parents 6 in total are being absolute nightmares. They are hell bent of causing trouble and are demanding we have an AGM so they can elect themselves onto the committee and remove us! Complaining we are not running it right etc.

For what it is we have over 40 parents who enjoy what we are doing and have no issues at all.

I am trying to discover what the law is when it comes to AGM`s, We are registered for Tax and submit accounts every year, we make no profit and everything we do is run voluntarily and any funds is ploughed straight back into the community club.

One of the committee members suggests we don't need a AGM because we are not a LTD company are not legally required to have one. It is only considered best practice but its not compulsory.

Another committee member said we must have an AGM every 15 months as required by law.

I really don't what the requirements are because I can only find information on LTD companies, so I would appreciate anything someone can suggest when it comes to a non for profit committee.

Many Thanks

Ctrl Alt Delete

Have a look at https://www.charitiesregulatoryauthority.ie/

Running charities is thankless work, but if its an unincorporated association then you can basically tell them to go away.

Personally, what I would do, is for the current committee to do up a charter / statute and define the length of term of each position for say 5 years (or whatever you wish really).

Will put paid to those 6 parents and if they pull their kids then really its no skin off your nose

antoinolachtnai

You don't really need to have elections. You can govern your unincorporated association as you see fit.

Limited companies do have to have AGMs, sure, but that doesn't mean all and sundry automatically have the right to vote.

One issue is insurance and banking. The insurer or banker may request a constitution or other document explaining the governance of the organization.

What Ctrl Alt Delete says is quite workable.

You don't need to worry too much about the charities regulator unless you are actually registered as a charity. Again, having elections is not compulsory for a charity.

All that said, it is worth having an informational meeting and getting a load of supportive parents to come. It is good to outline to everybody how the organization is run, where the money comes from, what insurance there is and what the child protection policies are. As long as it is clear you have a lot of support, then the others will quieten down.

It is worth talking to other people who run these sorts of organisations. I have heard that parents are generally quite grateful for these sorts of facilities.

pedroeibar1

antoinolachtnai wrote: »

Limited companies do have to have AGMs, sure, but that doesn't mean all and sundry automatically have the right to vote.

I agree with your comments/advice except for the bit above - Ltd companies do not have to have AGM's anymore, even if they have more than one member.

antoinolachtnai

True. But they do need to go through the motions and give the members the option of a meeting I think (which they may waive).

pedroeibar1

Agreed. You rightly raised concerns about the "constitution". Well-meaning people who do great good in the community often are screwed by those with nothing but bile, agendas and brats. The insurance aspects alone would cause me significant worry. Meeting, packed with the right kind of supporters, and see off the opposition. (But both sides can do that!)

antoinolachtnai

If both sides have strong support and can't agree, then just have a split. The other side can go off and build their own excellent organization and leave our OP in peace.

pedroeibar1

And the first thing on the agenda is.....the split!

antoinolachtnai

If it has to be done it has to be done!

pedronomix

Circulate a simple constitution but having such a meeting is playing right into the dissidents hands, the zealots are much more charged for action. Simply write to them or take them aside and advise them that they should take their kids elsewhere or start their own group, divide and conquer. A meeting will end up in an even bigger mess.

antoinolachtnai

That is very true. There are a lot of issues involved in running a group like this, but this issue of the split is the one the OP needs to address now. A meeting right away is not necessarily the answer.

redunited

Just a little update on where we are at the moment,

A notice went up around the town today, I caught one of the people causing the problems doing it.

The notice she was putting up was calling for a public meeting to elect new management for the youth club! I asked her who gave her the right to do this? She said she and the other parents decided to do it!

The notice simply called for a public meeting so all concerned parents could elect a new management committee for the youth club. It wasn't signed and claimed to be from the parents of the youth club!

I'm absolutely flabbergasted at the nerve of these people!

Ctrl Alt Delete

Given that's the situation your not going to resolve this the easy way.

Sounds like full on trouble and your only choice is to lance the boil and that means removing their children and the parents from the club.

It's unfortunate their children will be punished but from someone who has had this exact previous experience before it's the only way. It requires a bit of stern lip, explaining to remaining parents the situation via a letter (not naming names just the situation) and just move forward.

Again from my experience the none troublesome parents parents Will not care as long as their kids are being looked after, having fun and developing you will have their support.

Let them establish their own club if that's what they wish and move on with your own group. If they are being that active then you have no other choice other than to do the above or to accede to their wishes and give them control.

If you want to discuss further via PM feel free

pedronomix

This is not an official meeting of the members of the youth club and thus has no standing. Hold your nerve and rally the happy parents to support your club. The message has to be crystal clear, if you don't like it, PFO!!

redunited

Thanks for the help and advice to you all, spoke to the other members and we are going to hold firm and remove the trouble makers. Going to speak to a solicitor next week to make sure everything we do is above board and legal.

Thanks again.

Ctrl Alt Delete

redunited wrote: »

Thanks for the help and advice to you all, spoke to the other members and we are going to hold firm and remove the trouble makers. Going to speak to a solicitor next week to make sure everything we do is above board and legal.

Thanks again.

100% the right action to just remove them in this case.

Let us know how it goes