length of term

[Guest margaret]

Our Society is governed by bylaws and the Provincial Society Act.

 

The Society Act requires that there is no more than 15 months between annual general meetings.  The Society normally holds its AGM in June each year, but this year the board has opted to delay it until September.

 

The question relates to those members whose term of office expires in June.   Does the board of directors require to call a general meeting in June to obtain permission for those members whose terms expire in June, to be allowed to continue to serve until the AGM in September?

 

The bylaws allow for the board to appoint members to fill a vacancy and these appointees will only serve until the conclusion of the AGM.

 

Thank you for your help.

 

 

[Chris Harrison]

How do the bylaws define these officers' terms of office?  If the term is fixed (a certain length of time without any qualifying language) then the officers are out of office when the terms expire.  On the other hand, if the term of office has qualifying language (a certain length of time and/or until their successor is elected or similar language) they would continue to serve until someone is elected.  See RONR p. 573 l. 33 - p. 574.

[Josh Martin]

The question relates to those members whose term of office expires in June.   Does the board of directors require to call a general meeting in June to obtain permission for those members whose terms expire in June, to be allowed to continue to serve until the AGM in September?

 

The bylaws allow for the board to appoint members to fill a vacancy and these appointees will only serve until the conclusion of the AGM.

 

Based on what you've just said, it would seem that, even if the board members' terms shall expire in June, the board can simply appoint the same members to continue serving until the conclusion of the annual meeting.