I'm not a lawyer and I am assuming that the rules for companies limited by guarantee are fundamentally the same as for other private companies but I don't think it is quite that simple.morsey wrote:
Is that following correct constitutional process
will be accepted at the discretion of the Chairperson.
There we are then.
If this is the AGM of Canoe Wales a registered company limited by guarantee then it is where the members appoint directors, approve the accounts, put forward resolutions (motions) to make changes to the way the company is run etc. While it is no longer a statutory requirement for a private company to have an AGM, if they choose to have one then it has to be conducted according to the companies act (2006) and the articles of association of the company.
Assuming that there is nothing in the memorandum of association or articles to say otherwise, then so long as they follow the correct procedures any member should be able to put forward a resolution to be considered at the AGM. A simple post on a website can't override that right.
It is the members who own and guarantee the debt of the company (£1 each). The board is appointed by the members to run the company on behalf of those members.
If the chairman or directors can veto what resolutions can be put to the AGM then they have taken all control of the company away from the members including the ability to remove the offending director(s) which can't be right.
I may be completely wrong but it would be interesting to hear from someone who has professional knowledge about company law.