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Thread: 5A7 Adding the champion and runner-up in Canadian Women's Closed to Voting Members

  1. #11
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    Quote Originally Posted by Lyle Craver View Post
    Legally you CAN'T have a non-member on your Board of Governors as there are legal duties attached to the office which cannot be imposed on non-members.
    Legally you can, unless the bylaws explicitly requires directors to be members.

    The CFC-FQE agreement is also constitutional because it sets the number of FQE VM.

    Quote Originally Posted by NFP Act
    Qualifications of directors

    126 (1) The following persons are disqualified from being a director of a corporation:

    (a) anyone who is less than 18 years of age;

    (b) anyone who is incapable;

    (c) a person who is not an individual; and

    (d) a person who has the status of a bankrupt.

    Marginal note:Membership

    (2) Unless the by-laws otherwise provide, a director of a corporation is not required to be a member of the corporation.

  2. #12
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    Quote Originally Posted by Pierre Dénommée View Post
    Legally you can, unless the bylaws explicitly requires directors to be members.

    The CFC-FQE agreement is also constitutional because it sets the number of FQE VM.
    You are required to be a member of the CFC or the FQE in order to be a voting member or a member of the board.

  3. #13
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    I don't see this as being a major obstacle. We have the same rule for the Closed - and the same potential issue.

    We used to have a rule that Governors were only actually Governors during the period when they had active memberships... if we don't still have that, putting it back in would certainly fix this problem and any future ones along the same lines.
    Christopher Mallon
    FIDE Arbiter

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    Quote Originally Posted by Egidijus Zeromskis View Post
    Regarding the first point -- yes, it shall be worded properly. If the champion/runner-up are already class A members on a provincial list (or by some other means; like FQE; like being nominated/elected for any territory); then for the period from the end of the championship till the next AGM - no changes on a provincial list etc. In principle no new "elections". Maybe some exceptions if the championship finishes just after the AGM. Unless someone would express a different opinion, let's try to keep this way.


    Second point -- this shall be somehow better defined in ByLaws in general. What you're requesting is that the (potential) Class A members be Class B members too. However, your reasons for that I think is not right -- if the persons becomes the Class A member -- (s)he is a member of the CFC. Time of the Board of Governors are past.

    On other hand the person shall agree to become the class A member after winning the championship. Thus, on a procedural matter she shall apply. That could solve some communications troubles.
    I agree. We should be able to review this point in the bylaws review.

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    Quote Originally Posted by Vladimir Drkulec View Post
    You are required to be a member of the CFC or the FQE in order to be a voting member or a member of the board.
    That is in the bylaws, not in the NFP Act.

  6. #16
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    There is something called Freedom of Association that forbids any non-profit from forcing anyone to be a member. Saying that the Champion is automatically a class A member is technically illegal if he does not want to, but it would be very unlikely that she decline.

  7. #17
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    Quote Originally Posted by Egidijus Zeromskis View Post
    Regarding the first point -- yes, it shall be worded properly. If the champion/runner-up are already class A members on a provincial list (or by some other means; like FQE; like being nominated/elected for any territory); then for the period from the end of the championship till the next AGM - no changes on a provincial list etc. In principle no new "elections". Maybe some exceptions if the championship finishes just after the AGM. Unless someone would express a different opinion, let's try to keep this way.

    Second point -- this shall be somehow better defined in ByLaws in general. What you're requesting is that the (potential) Class A members be Class B members too. However, your reasons for that I think is not right -- if the persons becomes the Class A member -- (s)he is a member of the CFC. Time of the Board of Governors are past.

    On other hand the person shall agree to become the class A member after winning the championship. Thus, on a procedural matter she shall apply. That could solve some communications troubles.
    It is in our current bylaws.

  8. #18
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    Quote Originally Posted by Vladimir Drkulec View Post
    It is in our current bylaws.
    It has several statements in your quotation. Which do you refer to?
    .*-1

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    Quote Originally Posted by Pierre Dénommée View Post
    That is in the bylaws, not in the NFP Act.
    True, you are correct.

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    Quote Originally Posted by Egidijus Zeromskis View Post
    It has several statements in your quotation. Which do you refer to?
    In order to be a class A member, you have to have paid a membership fee and have a valid class B membership as well. After one month with no class B membership you would lose your class A membership if we enforced that closely.

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