Importance of detailed records and reporting
The case of Cifci and Others v Erbil and Others (2012) concerned an unincorporated charity for the Alevi community based in London and it emphasised the importance of good administration in evidencing governance decisions.
The charity adopted a constitution in 1994, under which all persons over the age of 18 and working in London had the right to be members of the charity. An attempt was made to change the constitution in 2006, significantly restricting the eligibility for membership and extending the objects clause. A dispute then arose in 2009 that ultimately required the court to consider whether the constitution prepared in 2006 had been effectively adopted. It was held that as there was no evidence that the new constitution was ever approved by the members at an AGM or EGM (as would have been required in order to change the constitution), the Charity remained governed by the 1994 document…
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