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The following comments are owned by whomever posted them. This site is not responsible for what they say.
Problem with Feds By-law definition of membership (Ryan C-W)
Authored by: uws archive on Wednesday, February 13 2002 @ 04:17 PM CST

This is an archived comment posted by Ryan C-W. You can view the original here.

Where are all the people that had problems with the Election Procedure before?

Anyway I thought of somethings else. It seems from the 11 Feb Election Committee Minutes and the council meeting that the problem with the voters list was that some people were not registered when the list was generated.

According to By-law 1 on full memebrship this would mean that they were not members.

IV. Membership
A. Full Membership
The full membership of the Corporation shall consist of:

1. Each full-time undergraduate student currently registered at the university of Waterloo;

2. Each full-time undergraduate student currrently engaged in a co-operative work term;

3. Each full-time undergraduate student who is not registered in the current term but who was registered in the previous term and has cshown intention to register in the next term and;

4. The President and Vice-Presidents of the Corporation

I was told by some members of the the Feds Board of Directors that they were included in the group of people that weren't on the voters list.

This is of concern because this would seem to indicate that they were not members from the beginning of the term until at least as late as when the list was generated.

Section 286. of the Corporations Act says:

286. (1) Subject to subsections (2) and (3), no person shall be a director of a corporation unless he or she is a shareholder or member of the corporation, and, if the person ceases to be a shareholder or member, he or she thereupon ceases to be a director.

Exception

(2) A person may be a director of a corporation if he or she becomes a shareholder or member of the corporation within ten days after his or her election or appointment as a director, but, if the person fails to become a shareholder or member within such ten days, the person thereupon ceases to be a director and shall not be re-elected or reappointed unless he or she is a shareholder or member of the corporation.

Exception, hospitals and stock exchanges

(3) A corporation,

(a) operating a hospital within the meaning of the Public Hospitals Act; or

(b) operating a recognized stock exchange,

may by by-law provide that a person may, with his or her consent in writing, be a director of the corporation even though the person is not a shareholder or member of the corporation.

This would indicate that those ceased to be directors when they ceased to be members of the corporation.

One possible solution instead of requiring the showing of intent is change condition 1.IV.A.3 to was registered in the previous term.

This would have prevented members of the board from ceasing to be directors of course it would would not have eliminated the problem of the premature voters list.

Any discussion on this?

[ Parent ]

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