Author Topic: Trustee addition and removal  (Read 1241 times)

Itchy

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Trustee addition and removal
« on: March 07, 2021, 06:54:12 PM »
Hi, question for legal eagles outbthere. My club is in the 26 counties and the trustee arrangement is a mess. We need to add some new trustees and we also need to remove a trustee who is no longer of full mental capacity, has become very paranoid and is refusing to cooperate with even simple requests (eg addition of new trustees, application for grant aid).

So how does a club add or remove a trustee?

Louther

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Re: Trustee addition and removal
« Reply #1 on: March 07, 2021, 07:28:15 PM »
Genuinely the best way is to contact Croke Park and they will direct you in this. There is a process for it. It is also my under standing that a trustee can’t actually not agree to sign a document as instructed by the club executive.

I know are club done it recently as some trustees had passed away. Secretary made contact with section in Croke park and they put him on right footing. I can’t recall the actual requirements as wasn’t directly involved.

tiempo

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Re: Trustee addition and removal
« Reply #2 on: March 07, 2021, 07:39:15 PM »
There was a trustee section on servasport, not just update that? Or whatever e system is in place for club admin wholesale these days

Itchy

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Re: Trustee addition and removal
« Reply #3 on: March 07, 2021, 07:54:26 PM »
I dont know, if it was that simple it would be great. I'm just assuming its solicitors etc that is needed to do this. On sports capital grant application your trustees need to sign some of the paperwork for example.

delgany

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Re: Trustee addition and removal
« Reply #4 on: March 07, 2021, 07:56:59 PM »
There was a move from croke park to.offer clubs the opportunity to remove all club trustees; due to the fees involved in changing deeds etc and moving to a corporate trustee ( ie croke park official) , thereby , simplifying the overall  process. Your county secretary should keep.you right .
« Last Edit: March 07, 2021, 07:58:32 PM by delgany »

Itchy

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Re: Trustee addition and removal
« Reply #5 on: March 07, 2021, 08:10:17 PM »
There was a move from croke park to.offer clubs the opportunity to remove all club trustees; due to the fees involved in changing deeds etc and moving to a corporate trustee ( ie croke park official) , thereby , simplifying the overall  process. Your county secretary should keep.you right .

I think that has to be done through the clubs agm and our issues are a little more pressing than that im afraid.

delgany

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Re: Trustee addition and removal
« Reply #6 on: March 07, 2021, 08:30:49 PM »
There was a move from croke park to.offer clubs the opportunity to remove all club trustees; due to the fees involved in changing deeds etc and moving to a corporate trustee ( ie croke park official) , thereby , simplifying the overall  process. Your county secretary should keep.you right .

I think that has to be done through the clubs agm and our issues are a little more pressing than that im afraid.

You can go with an egm - quick fire - one issue agenda.It is costly enough to go.through solicitors.
 

rosnarun

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Re: Trustee addition and removal
« Reply #7 on: March 09, 2021, 02:42:20 PM »
There was a move from croke park to.offer clubs the opportunity to remove all club trustees; due to the fees involved in changing deeds etc and moving to a corporate trustee ( ie croke park official) , thereby , simplifying the overall  process. Your county secretary should keep.you right .

I think that has to be done through the clubs agm and our issues are a little more pressing than that im afraid.

You can go with an egm - quick fire - one issue agenda.It is costly enough to go.through solicitors.
 
I don't think its that simple  if the trustee is unwilling to go  themn i think you would need to get a court order and some pretty strong Evidence . Trusteee are there tio be the defacto owners of the Club and ensure  nothing  untoward is happening there  and all monies facilities ETC are used for the purpose they were bought for , And look after the long term values of the club eg make sure i does not borrow money  it cannot repay in order to be seen as a progressive club.
Having said that 99% of trustee keep their mounths ahut and gratefully accept Dinner dance Tickets
If you make yourself understood, you're always speaking well. Moliere

naka

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Re: Trustee addition and removal
« Reply #8 on: March 09, 2021, 03:40:21 PM »
Hi, question for legal eagles outbthere. My club is in the 26 counties and the trustee arrangement is a mess. We need to add some new trustees and we also need to remove a trustee who is no longer of full mental capacity, has become very paranoid and is refusing to cooperate with even simple requests (eg addition of new trustees, application for grant aid).

So how does a club add or remove a trustee?
normal procedure is either deed of retirement of trustee and new appointment, or if a death  simply deed of appointment.
all forms are pro forma from the GAA.
the issue you may have if the person is of unsound mind is getting him to sign the retirement document , if a power of attorney in place family can sign retirement  on his behalf
an option is to get a special meeting of members to ratify new trustees of the club

thebackbar1

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Re: Trustee addition and removal
« Reply #9 on: March 09, 2021, 03:51:28 PM »
Having been through these issues, unfortunately there are no shortcuts.

Contact your provincial council who will advise and contact your clubs solicitor. It will take time as I don't believe you will be able to avoid a EGM. Probably best to move to the corporate trustee whilst doing this, which should avoid the problem from happening again.

Itchy

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Re: Trustee addition and removal
« Reply #10 on: March 09, 2021, 10:52:32 PM »
Having been through these issues, unfortunately there are no shortcuts.

Contact your provincial council who will advise and contact your clubs solicitor. It will take time as I don't believe you will be able to avoid a EGM. Probably best to move to the corporate trustee whilst doing this, which should avoid the problem from happening again.

I've come to that conclusion. This guy ww need removed is a long term influential member but of late has become contrary, possible an onset of senile disease. But try to remove him by egm will have the parish in uproar as they only see the "old" him. I think the corporate route is the only way to go.

rosnarun

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Re: Trustee addition and removal
« Reply #11 on: March 11, 2021, 12:20:50 PM »
Having been through these issues, unfortunately there are no shortcuts.

Contact your provincial council who will advise and contact your clubs solicitor. It will take time as I don't believe you will be able to avoid a EGM. Probably best to move to the corporate trustee whilst doing this, which should avoid the problem from happening again.

I've come to that conclusion. This guy ww need removed is a long term influential member but of late has become contrary, possible an onset of senile disease. But try to remove him by egm will have the parish in uproar as they only see the "old" him. I think the corporate route is the only way to go.
would he not have to agree to the change to corporate Trustees.

Problems with trustees I bet is one of the top ten reasons new clubs are formed

is there no one or group that could have quite word with him  , make him Life time president and give him a gold watch
If you make yourself understood, you're always speaking well. Moliere