LinuxSA Mailing list archives

  From: Brian Astill <bastill@sa.apana.org.au>
  To  : Linux SA <linuxsa@linuxsa.org.au>
  Date: Tue, 27 Feb 2001 16:42:35 +1030

Re: LinuxSA, Organisers and incorporation

On Tue, 27 Feb 2001, Jason Tan wrote:
> On Tue, 27 Feb 2001, David Newall wrote:
> 
> > > Incorporation would mean LinuxSA would be viewed as a "person" by the law.
> > > So, to answer your question, the incorporated body itself is the entity who
> > > is liable.
> > 
> > I don't think that's quite right.  Incorporation make LinuxSA recognisable
> > in law, and the office holders, which is the directors or board members,
> > and the public officer, can be liable.  There are quite serious obligations
> > of office holders.  It's not just a kudos thing; you are putting your house
> > on the line.
> 
> Not sure about the "putting your house on the line" bit.
> 
> >From austlii(http://www.austlii.edu.au/au/legis/sa/consol_act/aia1985307/s21.html)
> 
> ASSOCIATIONS INCORPORATION ACT 1985 - SECT 21 
> 
> Rights and liabilities of members

Note - MEMBERS.  The quoted section does not refer to the responsibilities and
liabilities of OFFICERS, which are different.
However, David is not correct in that he has not limited his statement, which
is true only if the Committee can be shown to have acted recklessly or
unlawfully.  A good example is the one suggested earlier, trading whilst
knowingly insolvent.  In such a case the persons responsible incur a personal
liability, and yes, their house(s) would be 'on the line'.
Otherwise only the assets of the Incorporated Body can be used.

-- 
Regards,
Brian

********************************************************
Dr Brian Astill  Visiting Research Fellow
Flinders University Institute of International Education
Bus 8201 3480     FAX 8449 9199
bastill@sa.apana.org.au
********************************************************

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