[Community-Discuss] Bylaws changes

ALAIN AINA aalain at trstech.net
Wed Nov 9 10:54:46 UTC 2016


> On Nov 9, 2016, at 1:56 PM, Alan Barrett <alan.barrett at afrinic.net> wrote:
> 
> 
>> On 5 Nov 2016, at 16:06, Alan Barrett <alan.barrett at afrinic.net> wrote:
>>> On 5 Nov 2016, at 00:46, Andrew Alston <Andrew.Alston at liquidtelecom.com> wrote:
>>> I believe that section 16 is also in conflict with the companies act.  The companies act specifically states that a director may only be removed in a meeting dedicated to that purpose with that being the only item on the agenda.  So while I have no problem with the community being able to recall a director, it must be through a dedicated meeting and not through the addition of an agenda item at a regular meeting.
>> 
>> I’ll check on that, and make a suitable chaneg if necessary.
> 
> By my reading, the Companies Act article 138 gives some methods that a Director may be removed, but does not prevent the Bylaws/Constitution from providing other methods.

Only methods which are in accordance with the Act if we still think we are  only governed by the Act.

—Alain

> 
> Alan Barrett
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