Hello. During a discussion with some other clubs it was suggested to me that individual club members should sign an agreement that they adhere to their club’s bylaws. These signed agreements would be filed in our Bivio file folder. Does anyone have experience with this and if so can you provide an example individual membership agreement? I am not asking for copies of bylaws, just how you obtain buy-in from members that is binding (signed and in writing)? To-date my club just uses a verbal agreement when a new member is voted into the club (and put in the minutes). Then the member submits an initial capital contribution and starts attending (regularly making capital contributions). Is this sufficient evidence of buy-in and acceptance of the bylaws? I am considering this as a requirement to ensure members have read and understood the club bylaws. Just asking (I am not a lawyer).
Norman C Blizard
Sr Partner, SCSIC
Stuart Lange on
Our club, Mutual Investors of Atlanta (MIA) requires members to sign the Partnership Agreement, and the Partnership Agreement has a clause saying that the club may adopt by-laws needed to operate the club that are "not contradictory" to the Partnership Agreement. As the old saying in the legal realm says, "A verbal agreement isn't worth the paper it's written on.". On the other hand, adherence to the written rules has been somewhat flexible. We are not adverse to allowing actions not contemplated by the written word (major caveat to follow) AS LONG AS NO ONE OBJECTS.
Hello. During a discussion with some other clubs it was suggested to me that individual club members should sign an agreement that they adhere to their club's bylaws. These signed agreements would be filed in our Bivio file folder. Does anyone have experience with this and if so can you provide an example individual membership agreement? I am not asking for copies of bylaws, just how you obtain buy-in from members that is binding (signed and in writing)? To-date my club just uses a verbal agreement when a new member is voted into the club (and put in the minutes). Then the member submits an initial capital contribution and starts attending (regularly making capital contributions). Is this sufficient evidence of buy-in and acceptance of the bylaws? I am considering this as a requirement to ensure members have read and understood the club bylaws. Just asking (I am not a lawyer).
Norman C Blizard
Sr Partner, SCSIC
Peter Dunkelberger on
All of our members sign the partnership agreement when they join, which includes the rules by which we operate. There is no separate by-laws document. It seems to me that once the partnership agreement is signed by a new member, that member is agreeing to abide by all the rules of he partnership and there is no need for a separate document saying that.
I do not think that submission of a contribution and attending meetings is sufficient, however. Does your club not have a partnership agreement, or perhaps you are calling your partnership agreement the by-laws? If you have two separate documents, a partnership agreement and by-laws, I think the partnership agreement has to be signed by all members and that would be sufficient for acceptance of the by-laws.
Hello. During a discussion with some other clubs it was suggested to me that individual club members should sign an agreement that they adhere to their club's bylaws. These signed agreements would be filed in our Bivio file folder. Does anyone have experience with this and if so can you provide an example individual membership agreement? I am not asking for copies of bylaws, just how you obtain buy-in from members that is binding (signed and in writing)? To-date my club just uses a verbal agreement when a new member is voted into the club (and put in the minutes). Then the member submits an initial capital contribution and starts attending (regularly making capital contributions). Is this sufficient evidence of buy-in and acceptance of the bylaws? I am considering this as a requirement to ensure members have read and understood the club bylaws. Just asking (I am not a lawyer).
Norman C Blizard
Sr Partner, SCSIC
nblizard on
By "By Laws" I do mean Partnership Agreement. Not a separate document. So best practice is to have all members sign it and not just vote on it, which we do for any changes. Thanks
From: club_cafe@bivio.com <club_cafe@bivio.com> On Behalf Of Peter Dunkelberger via bivio.com Sent: Tuesday, February 18, 2020 12:25 PM To: club_cafe@bivio.com Subject: Re: [club_cafe] Individual membership agreement?
All of our members sign the partnership agreement when they join, which includes the rules by which we operate. There is no separate by-laws document. It seems to me that once the partnership agreement is signed by a new member, that member is agreeing to abide by all the rules of he partnership and there is no need for a separate document saying that.
I do not think that submission of a contribution and attending meetings is sufficient, however. Does your club not have a partnership agreement, or perhaps you are calling your partnership agreement the by-laws? If you have two separate documents, a partnership agreement and by-laws, I think the partnership agreement has to be signed by all members and that would be sufficient for acceptance of the by-laws.
Hello. During a discussion with some other clubs it was suggested to me that individual club members should sign an agreement that they adhere to their club's bylaws. These signed agreements would be filed in our Bivio file folder. Does anyone have experience with this and if so can you provide an example individual membership agreement? I am not asking for copies of bylaws, just how you obtain buy-in from members that is binding (signed and in writing)? To-date my club just uses a verbal agreement when a new member is voted into the club (and put in the minutes). Then the member submits an initial capital contribution and starts attending (regularly making capital contributions). Is this sufficient evidence of buy-in and acceptance of the bylaws? I am considering this as a requirement to ensure members have read and understood the club bylaws. Just asking (I am not a lawyer).
Norman C Blizard
Sr Partner, SCSIC
Peter Dunkelberger on
Correct. I would think that, if you have any legal problems at all with your partnership, there could be great difficulties if all of your members have not signed your partnership agreement.
By "By Laws" I do mean Partnership Agreement. Not a separate document. So best practice is to have all members sign it and not just vote on it, which we do for any changes. Thanks
All of our members sign the partnership agreement when they join, which includes the rules by which we operate. There is no separate by-laws document. It seems to me that once the partnership agreement is signed by a new member, that member is agreeing to abide by all the rules of he partnership and there is no need for a separate document saying that.
I do not think that submission of a contribution and attending meetings is sufficient, however. Does your club not have a partnership agreement, or perhaps you are calling your partnership agreement the by-laws? If you have two separate documents, a partnership agreement and by-laws, I think the partnership agreement has to be signed by all members and that would be sufficient for acceptance of the by-laws.
Hello. During a discussion with some other clubs it was suggested to me that individual club members should sign an agreement that they adhere to their club's bylaws. These signed agreements would be filed in our Bivio file folder. Does anyone have experience with this and if so can you provide an example individual membership agreement? I am not asking for copies of bylaws, just how you obtain buy-in from members that is binding (signed and in writing)? To-date my club just uses a verbal agreement when a new member is voted into the club (and put in the minutes). Then the member submits an initial capital contribution and starts attending (regularly making capital contributions). Is this sufficient evidence of buy-in and acceptance of the bylaws? I am considering this as a requirement to ensure members have read and understood the club bylaws. Just asking (I am not a lawyer).