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President closes bank account


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It is at question on other threads as to whether this person was even still an officer or even a member due to other issues.

Nonetheless, she was on the signature card at the bank and without notice, without a meeting, without notifying the treasurer she closed the bank account by writing a single signature check (per bylaws it is a 2 signature requirement). She wrote the check to a charity as outlined in the first meeting in case of dissolution but nothing else was done per bylaws.

No notice or action taken by vote of the membership by mail and final action accepting and approving the action by the board.

Did this close the organization or does the membership still have to follow the bylaws and do it by mail?

No one paid dues 7 years ago and therefore I don't even think we are members and are memberships are forfeited.

How can we resolve this and dissolve this organization now?

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In fact, we the original members had no idea this action had been taken by her until a few days ago. According to her the organization was still a viable active organization despite not having annual meetings, elections, paying of dues and her term of office expired in 2007!

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How can we resolve this and dissolve this organization now?

Assuming the organization isn't/wasn't incorporated, it sounds pretty "dissolved" to me already. No members, no meetings, no one paid dues. How was there any money in the account in the first place? (And, if you suspect theft, get a lawyer.)

Since RONR deals primarily with what takes place at meetings, I suspect you'll have to seek answers elsewhere.

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Did this close the organization or does the membership still have to follow the bylaws and do it by mail?

The Bylaws would have to be followed (although it seems you have between zero and one members at this point, so the mail vote will either be impossible or very easy, depending on which one it is).

How can we resolve this and dissolve this organization now?

First and foremost, find out who (if anyone) is still a member of the organization. If there are no members, then it's highly unlikely anything can be done from a parliamentary perspective. If there are any members left, then follow the procedures in your Bylaws.

As for resolving the bank account thing, I advise a lawyer. Normally I suggest taking parliamentary options first, but in the circumstances I'm not sure there are any.

In fact, we the original members had no idea this action had been taken by her until a few days ago.

Well, if you're not members anymore I'm not sure that the rules would require you to be informed of anything.

But in the end, I second Edgar's notion that this situation is likely too convoluted to solve on this forum and will likely require the assistance of a lawyer, considering that it's quickly getting into territory beyond the scope of RONR and this forum.

Not unless your bylaws say so.

Apparently, they do.

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From a parliamentary point of view, not much can be done, as there are apparently no members of the organization. Depending on how the bylaws were written, it's possible there are still officers (assuming that they're officers until someone replaces them, and that there's no requirement that officers be members).

There may or may not be other alternatives, such as consulting a lawyer. You may wish to consider whether or not there is a real benefit to doing so - how much money are we actually talking about, for example? I'm also curious as to who would receive the tax benefit to the donation. ;) However, these are not points that can easily be dealt with from RONR, given the sad state of no members.

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