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Trust Deed and a Members Club
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skirmish
Posts: 11 Forumite
Firstly I hope this is a suitable place to put this request.
Our model aircraft club is having some problems.
After many years of moving from rented field to rented field we bought our own piece of land 20 years ago. To do this a Trust was formed and a number of respected club members were made Trustees. The land was paid for by members through their annual subscriptions and paid off over a few years by instalment.
Recently there has been a lot of conflict between the self appointed Trustees and the elected committee with some of the Trustees claiming that they own the club and it's assets as well as the land. The members are obviously not happy about that and a long argument is ongoing.
What is curious though is that there appears to be no record from past AGM/EGM minutes that at any point did the members agree at either an AGM or EGM to agree to and ratify the Trust Deed. I would have thought that this was required.
I wonder if there is anyone out there who could advise regarding this last point as to whether the Trust Deed is therefore legitimate and legal.
Thanks in advance.
Our model aircraft club is having some problems.
After many years of moving from rented field to rented field we bought our own piece of land 20 years ago. To do this a Trust was formed and a number of respected club members were made Trustees. The land was paid for by members through their annual subscriptions and paid off over a few years by instalment.
Recently there has been a lot of conflict between the self appointed Trustees and the elected committee with some of the Trustees claiming that they own the club and it's assets as well as the land. The members are obviously not happy about that and a long argument is ongoing.
What is curious though is that there appears to be no record from past AGM/EGM minutes that at any point did the members agree at either an AGM or EGM to agree to and ratify the Trust Deed. I would have thought that this was required.
I wonder if there is anyone out there who could advise regarding this last point as to whether the Trust Deed is therefore legitimate and legal.
Thanks in advance.
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Comments
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I would see if you can get some advice from your local volunteer organisation, google volunteer plus your area. You might be able to get some pro bono legal advice that way, but tbh you may have to pay for some ...Signature removed for peace of mind0
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Trustees don't own anything, they hold it in trust for others.
I assume you are describing a private members club. If you are trustees are needed because a private members club as opposed to a limited company (which clubs can become) has no legal identity so they appoint trustees who are real people and do.
Trustees have to act on the best interests of the organization which appoints them and can be sued by members for not doing so.
There is a book called "Around the Red Tape" which covers most of the law and rules underwhich you , the club and the trustees should operate.
http://www.waterstones.com/waterstonesweb/products/edmund+whelan/around+the+red+tape/3278915/
Alternatively some solicitors give a free 1hour or 1/2 hour consultation on matters like this (obviously in the hope of getting further work).0
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