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subsidiary: allow for other cases where pres or treas unable to sign
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@sunsetkookaburra
sunsetkookaburra committed Sep 17, 2024
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6 changes: 3 additions & 3 deletions CONSTITUTION.md
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Expand Up @@ -155,11 +155,11 @@ The Trustees shall open and maintain a bank account in the name of and on behalf

- 6.4.1. Monies shall not be drawn except by cheque or orders signed by two trustees involving at least either the President or Treasurer.

- 6.4.2. In the event both the President and Treasurer are absent or ill, or neglect or refuse to operate the account in order to satisfy a debt, the Executive Committee may resolve by a vote:
- 6.4.2. In the event both the President and Treasurer are absent or ill or otherwise unable to act as signatories, or neglect or refuse to operate the account in order to satisfy a debt, the Executive Committee may resolve by a vote:

- 6.4.2.1. To write to the ActivateUTS Clubs Manager explaining the circumstances of, and reasons for, a transaction;
- 6.4.2.1. To write to the ActivateUTS Clubs Manager explaining the circumstances of, and reasons for, a transaction;

- 6.4.2.2. And that one trustee and the ActivateUTS Clubs Manager for the time being are together authorised as signatories on such transaction.
- 6.4.2.2. And that one trustee and the ActivateUTS Clubs Manager for the time being are together authorised as signatories on such transaction.

- 6.4.3. In extraordinary circumstances, the ActivateUTS CEO for the time being may act as sole signatory on all accounts.

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5 comments on commit b2d916e

@tomchristmas
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I would rewrite all of 6.4.2(.[1|2]) to read

6.4.2. In the event that both the President and Treasurer are absent or ill, or are otherwise unable to, or refuse to, act as signatories in order to satisfy an outstanding debt incurred by the Society, the remaining Executive Committee may resolve to petition the ActivateUTS Clubs Manager to act as an authorised signatory, along with one trustee, to complete the transaction.

It must be an existing debt for a thing that the Exec agreed to purchase, or a thing that the club is required by law or by uni to pay, and where an invoice has been issued to the club and the club must make a payment.

@tomchristmas
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Question on 6.4.3. Does the Club Affiliation Agreement specify when the CEO can act as sole signatory on club accounts, or do they have absolute discretion?

@sunsetkookaburra
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@sunsetkookaburra sunsetkookaburra commented on b2d916e Sep 17, 2024 •
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re: 6.4.3
@tomchristmas

Does the Club Affiliation Agreement specify when the CEO can act as sole signatory on club accounts, or do they have absolute discretion?

In the agreement:

"The CEO of ActivateUTS is the overarching sole signatory of the club bank account"

and current policy states:

The ActivateUTS CEO will be authorised to act as a sole signatory on the account.
"The CEO will only operate the account in the case of club dissolution or where club funds are at risk."

@sunsetkookaburra
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re: 6.4.2
@tomchristmas

in order to satisfy an outstanding debt incurred by the Society
...
It must be an existing debt for a thing that the Exec agreed to purchase, or a thing that the club is required by law or by uni to pay, and where an invoice has been issued to the club and the club must make a payment.

I don't know if this would properly cover cases where we need to reimburse (e.g. for food purchases), or where we had been planning to pay (e.g. buy stickers) but have not actually made the purchase (and therefore haven't incurred a debt).

The idea is that the Trustees/Exec can still make normal purchases to continue normal functions where the President or Treasurer are unable; but not to overrule them if they use their discretion to refuse to sign an ordinary non-debt transaction

Overall on your reply, I felt a single paragraph was best but couldn't figure out how to phrase it. Thanks for your help there

@sunsetkookaburra
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The core thing from an Activate point of view is that we are talking about the President and Treasurer as elected (and not acting / for the time being).

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