LinuxSA Mailing list archives

  From: Jason Tan <jason@rebel.rebel.net.au>
  To  : David Newall <davidn@rebel.net.au>
  Date: Tue, 27 Feb 2001 17:58:09 +1030 (CST)

Re: LinuxSA, Organisers and incorporation

On Tue, 27 Feb 2001, David Newall wrote:

> Jason Tan <jason@rebel.rebel.net.au> wrote:
> > 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
> 
> All well and good, but that section relates to members, not to office holders (who I claimed are
> the one's who put their houses on the line.)

Member and office holders can be one in the same.


> > http://www.austlii.edu.au/au/legis/sa/consol_act/aia1985307/index.html
> > Will get you the table of contents for the act.
> 
> And under section 39B we find:
> 
>   Provisions indemnifying officers or auditors
> 
>   39B. (1) Any provision, whether contained in the rules of an
>   incorporated association or in a contract with the association or otherwise,
>   exempting any officer or auditor of the association from, or indemnifying him
>   or her against, any liability to the association that by law would
otherwise
>   attach to him or her in respect of any negligence, default, breach of duty or
>   breach of trust of which he or she may be guilty in relation to the
>   association, is void.
> 
> Thus an assocation cannot indemnify its officers or auditors from blah blah.