Last week we were fortunate enough to have Anders Ourom, a lawyer specializing in non-profits, as a presenter at one of our Association Nights. It was apparent that the tips and updates provided were of great use to those in attendance, so we thought why not write a blog on it! Here are some key takeaways from the event.
Bylaws
Schedule B of the Society Act offers societies the option to adopt a set of pre-written bylaws; these are generally only useful to very small societies. There may also be the urge to adopt similar ones to another association. Keep in mind that just because something works for one society, does not mean it will for another.
Notice of Annual General Meeting (AGM)
Up until 2004, societies were required to give their members notice of their Annual General Meeting (AGM) by post or in-person. A recent amendment to the Society Act uses the word ?written? more loosely. Many lawyers now interpret this to mean that ?written? may also include communications via email. Electronic communications can save you loads of time when it comes to administration. No more mail merges, stuffing envelopes, and stamps!
Part 6, Section 60, Notice
?A society must give not less than 14 days? written notice of a general meeting to those members entitled to receive notice of a general meeting, but those members may waive or reduce the period of notice for a particular meeting by unanimous consent in writing.?
If you are using electronic communications you should always keep a list of those which you?ve sent items to. A common mistake for societies is that they use the blind carbon copy (Bcc) function. This makes it nearly impossible for you to demonstrate that you?ve provided written notice if ever anyone was to question you.
Annual Reports
Out of the 26,000 registered societies 800 fail to file their annual report every year; nearly half of these associations have simply forgotten. Be careful; if you forget to file a report for two consecutive years, you will lose your status as a society. So how do you make sure this doesn?t happen?
- Assign the task
Making an assumption that it?s someone else?s job to do the filing is a big mistake. Assign the task to an administrator or director. If that person moves on to another appointment or employer, make sure that the task is reassigned. - File the report online
If you?re tech savvy enough, try filing your report online every year. It saves time, money, and trees! You can file it online with BC Registry Services.
Be Prepared for More Amendments
There will be a new Society Act released in the next couple of years (2014/2015) which will present new limitations and requirements. It?s a good idea to keep an eye out for these amendments as they may affect you.
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