[Linux-aus] LA Name Change - the process

[Jamezpolley]

References below to "section blah" refer to the Associations Incorporation Act 2009 No 7, which you can read at http://www.legislation.nsw.gov.au/maintop/view/inforce/act+7+2009+cd+0+N

Am 12/07/2012 um 9:24 AM schrieb David Lloyd <lloy0076 at adam.com.au>:

> 
> You can't change the organisation's name without holding an SGM. End of story - it's the law...

Changing the name does require a special resolution (section 10(2)), but there are several ways to pass a special resolution (section 39, "voting on special resolutions"). An SGM is one, but it's not the only one.

> 
> You actually need to hold the SGM to change the name FIRST then contact the NSW Dept of Fair Trading of the name change with the duly approved minutes of the SGM. It doesn't matter how many opinion polls you hold within the organisation you can only change the name by putting a motion at an SGM.

Sections 15 and 17 are provisions for reserving proposed names prior to a special resolution being passed to choose a name for the association. Do you have any particular grounds for claiming this is not applicable here?

> 
> What the committee really means to say is that "Based on this vote, subject to the winner not being 'no name change', the committee will propose to an SGM that the name of the organisation will be XYZ." For some value of XYZ. The way it's worded now is well meaning, if not misleading. I'm not willing to claim it's anything more than that (but it might be).

> 
> DSL
> 
> On 12/07/2012, at 3:46 AM, Tom Garland wrote:
> 
>> On 07/11/2012 03:21 AM, Peter Lieverdink wrote:
>>> Hi all,
>>> 
>>> Because you’ve all proposed a very large amount of possible new names for Linux Australia, we need a way to shorten that list somewhat.
>>> 
>>> Before we can put the suggested new name(s) to a final vote, we need to verify through the NSW Department of Fair Trading that the name is available and that we’re allowed to register it. Additionally, we need to be able to get the associated domain name(s). Since we’re only legally allowed to request three names to be reserved, the long list needs to first be whittled down to three.
>>> 
>>> We will do this in an online vote using our website.
>>> 
>>> The vote will allow you to rank all suggested names in your order of preference. You will not need to rank proposed names that you don’t want to support and you will be able to vote for “No name change”.
>>> 
>>> All members will be able to participate in this vote.
>>> 
>>> Once the vote is done, if the winner is not “No name change”, the council will attempt to reserve the top three names with the NSW Department of Fair Trading. We will then hold a run-off vote between these top three names. This vote will once again be optional preferential, meaning you can rank none, some or all of the suggested names in your order of preference. “No name change” will once again be an option.
>>> 
>>> If the result of this vote is to change our name, the council will contact the NSW Department of Fair Trading and register the winning name as a Registered Business Name. We will then call a Special General Meeting to officially change the name of Linux Australia.
>>> 
>>> It is a legal requirement that a minimum of 75% of voters need to vote in favour of a name change for the motion to pass.
>>> 
>>> Once the first vote is set up and good to go, I will email this list and the announce list with specifics.
>>> 
>>> Cheers,
>>> - Peter.
>> 
>> Peter, would you point to the current LA Name Change list so
>> it can be reviewed.
>> 
>> Also is the list still open to new names? Mine are -
>> LAFF - Linux Australia For Freedom
>> LA4F - Linux Australia 4 Freedom
>> 
>> Thanks - Tom
>> -- 
>> 'Intellectual Property'. Intellect is virtual. Property is real.
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>> 
>> 
>> 
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