jstackpo Posted June 15, 2016 at 12:34 AM Report Share Posted June 15, 2016 at 12:34 AM If bylaws say (not uncommonly): (a) The government and management of the Club shall be vested in the Board of Directors does that "vested" give the Board exclusive control over those elements of "government and management" (whatever those two terms may involve)? Cf. p. 483. line 10. Is 'vested" a well defined (legal-?) term? RONR uses "vested" in two places, pages 256 & 465, without explicit definition. Link to comment Share on other sites More sharing options...
Kim Goldsworthy Posted June 15, 2016 at 01:05 AM Report Share Posted June 15, 2016 at 01:05 AM >> (a) The government and management of the Club shall be vested in the Board of Directors My first impression: • The word "vested" in relation to the "board of directors" only means whatever the "reminder" of the "vestment" is for the "general membership." *** Example: IF (a.) "the government and management of the Club [is] vested in the board", THEN that means diddly squat if (b.) the balance of the bylaws empower the general membership to control the finances, the assets, and the standing rules, convention rules, and the committees. *** If the balance of the bylaws never empower the general membership, then the general membership is vested with zilch. Link to comment Share on other sites More sharing options...
jstackpo Posted June 15, 2016 at 01:57 AM Author Report Share Posted June 15, 2016 at 01:57 AM O..K... but let us suppose that "government and management" are well defined elsewhere in the bylaws in clear operational terms. Does "vested" give the Board exclusive control over those operations, i.e., the general membership is powerless to tell the Board what to do or countermand what the Board has done in any specific situation, a situation that is clearly (per the bylaws) a part of "government and management"? (The membership's recourse is to elect other board members, if they don't like what is going on, but that is a different issue). It is the "exclusive" business that I am interested in. Goes "vested" imply "exclusive"? Link to comment Share on other sites More sharing options...
Hieu H. Huynh Posted June 15, 2016 at 02:09 AM Report Share Posted June 15, 2016 at 02:09 AM The question was also asked in this thread. Link to comment Share on other sites More sharing options...
Richard Brown Posted June 15, 2016 at 02:40 AM Report Share Posted June 15, 2016 at 02:40 AM 41 minutes ago, jstackpo said: It is the "exclusive" business that I am interested in. Goes "vested" imply "exclusive"? I'm inclined to think so. In fact, I would say yes, but it is possible that other bylaw provisions might cast doubt on that interpretation. They need to be looked at as a whole. Link to comment Share on other sites More sharing options...
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