I asked a friend who could give an opinion and she said: The question here is, "If a person is appointed to a position in contravention of the Constitution, is the appointment invalid or is it merely improper."
If the appointment is invalid, the person is not the position holder and cannot conduct the actions of the position lawfully. If the appointment is improper, they can - the failing not occurring in their actions but in the actions of their election. Another, broader concept applies here. The Constitution is the rules of the organization, and they can be nullified by a vote which ignores or overrides them. In this case, the election of an individual to a position they are explicitly barred from holding is a nullification of those elements of the Constitution, and is improper. It is not illegal. The organization should then revisit and revise the Constitution. The person holding this position in this case can lawfully sign a cheque. Opinion of Jacqui Webb, Head of Commercial Law, Partner. So that's that. I'm sorry to see Quanta falling into this type of problem as the membership shrinks. It would be prudent for Quanta to recognize their new role as "Guardian of the Data" and to trim the burden of their Constitution to better face the reality of the world in which they now operate. Good luck! Dave Dave _______________________________________________ QL-Users Mailing List http://www.q-v-d.demon.co.uk/smsqe.htm
