Convicted fraudster Anita Dunkers has had her 2014 five year imprisonment and restitution sentence affirmed by the BC Court of Appeal. Ms. Dunkers was central to the fraud that brought down the Capital Families Association (“CFA”), a society and registered charity, leaving a gap in the social services and family assistance world in the Western Communities on Vancouver Island.
Tag: Directors
Can my society have alternate directors?
Can my society have “alternate directors” — individuals who exercise the powers of an absent director? Can directors vote by proxy? What are the limits in general corporate law applicable to societies in this situation?
Case Comment: George v BC Wildlife Federation
The BC Supreme Court has clarified when a suspension of a society’s director is not a removal, and provided an example of when director discipline may occur without the court’s intervention under the provisions of the Society Act, R.S.B.C 1996, c. 433 (the “Act”).
Am I a director, senior manager, deemed director or just confused?
When the new Societies Act comes into force, many volunteers, members, directors, and staff of BC societies may be asking what their role is and what their obligations are. Here is a handy decision tree to assist you in determining where you fit in.
News: Director-on-director discipline acceptable if in society’s best interests
The BC Supreme Court has clarified when a suspension of a society’s director is not a removal, and provided an example of when director discipline may occur without the court’s intervention under the provisions of the Society Act, R.S.B.C 1996, c. 433 (the “Act”).
Can a society’s provisions still be “unalterable”?
As of November 28, 2016, a constitution may only contain a society’s purposes, and no provision in a society’s bylaws can be “unalterable.” While this is good news for many societies which have to adapt their bylaws or purposes to accept specific gifts or govern themselves as time goes on, some are concerned that they will be vulnerable to straying from their key values or obligations. Others have external funding agreements which are dependent on such provisions. However, there are ways to protect a society’s key values, purposes, and funding agreements so they are…
Regulations: Societies Regulations released
The Regulations under the new BC Societies Act (“the Act”) are now available. The Societies Regulation details certain requirements for society names, the default Model Bylaws, various fees, the Reporting Society Provisions, and directions on how to report on remuneration of directors, employees and contractors. It also contains provisions on Directors and Senior Managers who are 16 and 17 years old. The Model Bylaws will be dealt with in another post.
Directors: Qualification, Disqualification, and Removal
The new BC Societies Act (the “Act”) contains express provisions on the qualification and disqualification of directors. These provisions should be understood by the membership, potential and current directors, and those working with not-for-profit organizations.
Directors: Roles and Responsibilities Clarified
Under the BC Societies Act (the “Act”), directors of a society have clarified roles and responsibilities. Directors must manage and supervise the activities and internal affairs of the society, subject to the Act, the regulations, and the bylaws. Like most modern corporate statutes, the functions and duties of directors are now set out in the Act.