LinuxSA Mailing list archives

  From: David Newall <davidn@rebel.net.au>
  To  : Jason Tan <jason@rebel.rebel.net.au>
  Date: Tue, 27 Feb 2001 19:30:31 +1030 (CST)

Re: LinuxSA, Organisers and incorporation

> Member and office holders can be one in the same.

And?  Do you have a point?


>> Thus an assocation cannot indemnify its officers or auditors from blah
>> blah.
> From 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"

It's quite clear.  Office holders are not indemnified from liability of improper
management.


> Thats an offence.
> And where someone who knows or should reasonably have known.

Hence what I said: *can* be liable.


> That is different to a general liability or liabilty for fred tripping
> over a badly placed power cable ie negligence.

Which is something that I did not claim.


> You have to be an office holder and knowingly do silly things(eg enter
> into credit arrangements you shoudl reaosnably know cnt be met bythe
> association or not take reasoanable steps to prevent dangers tht can
> reasonably be foreseen) or beaching
> the act(or other acts). 

Excellent.  Then you agree with what I said (even if you prefer to believe
that I said something different, that being something to which you do not
agree.)

If you are an office holder you had better hold the reigns carefully,
otherwise you can lose your house (and go to gaol).

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