Fiduciary Duty and the Board

[Phils-an-alki]

Originally Posted by 3pmsaturday

Perhaps you need to work on your communication then? I have no idea what the EGM is about apart from having a go at Directors. You need a clear message and to say you have mentioned a topic twice just underlines the issue. Be clear. or I move to sack the AGM people!

What an embarrassing, ill informed post. Congratulations that's a belter.

I read the info that was posted on the EGM thread. It was clear.
Then I read the outline of the agenda post on the same post, so if you 'have no idea what the EGM is about apart from having a go at Directors' then you either haven't bothered to read it or you're just being deliberately ignorant.
I have no idea what your last sentence means.

[wrexhamandy]

Originally Posted by 3pmsaturday

Way back when, at the time I was involved actively with the Trust we were schooled by Supporters Direct that we should not overstep our Fiduciary Duty. As a Trust Board Member we were trustees of the Trust monies and should always work in good faith and trust. I do not think for one minute that anyone involved in the Trust or Club Board is not acting in good faith, however, we were told rightly, making decisions or advising on areas of expertise that they were not qualified to do is a breach of that Duty.

The reality is we cannot now wait to appoint a new manager but for me the Board are in Breach of this requirement. With this in mind I feel an appointment to the end of the season and a proper Fiduciary Duty compliant structure be implemented.

I have not supported the EGM drive as I feel that the danger of losing our hard working current Directors is too great, I do feel however, that and EGM based on this point could and should be supported by the majority of Trust Members at an EGM. Its basically saying that the Board must not bridge their expertise as trustees effectively of the Clubs Monies as I currently believe they are. Appoint some football knowledge would satisfy their Fiduciary Duties.

Thoughts welcomed.

I think most would support any extra football expertise the club could get. And questions do need to be asked about recent appointments.

However suggesting the trust and club are beaching their legal fiduciary duties is a pretty strong thing to say and a whole other level. I would suggest you be careful with that given I cannot see anything in what you have said to support such an allegation. Otherwise there would be directors breaching their fiduciary duties up and down the country every week when hiring or firing managers on the basis they don’t have enough of some undefined “football knowledge”.

[Jaded]

Originally Posted by 3pmsaturday

Perhaps you need to work on your communication then? I have no idea what the EGM is about apart from having a go at Directors. You need a clear message and to say you have mentioned a topic twice just underlines the issue. Be clear. or I move to sack the AGM people!

Have you read the below post?

Emergency General Meeting - Instructions for WST members

[-luke]

Originally Posted by wrexhamandy

I think most would support any extra football expertise the club could get. And questions do need to be asked about recent appointments.

However suggesting the trust and club are beaching their legal fiduciary duties is a pretty strong thing to say and a whole other level. I would suggest you be careful with that given I cannot see anything in what you have said to support such an allegation. Otherwise there would be directors breaching their fiduciary duties up and down the country every week when hiring or firing managers on the basis they don’t have enough of some undefined “football knowledge”.

Id tend to agree with you


https://www.lawinsport.com/content/b...breach-of-duty

Interesting the but in there which indicates you can breach these duties without ill intent or knowledge of wrongdoing....

[Hometown Unicorn]

Originally Posted by 3pmsaturday

Perhaps you need to work on your communication then? I have no idea what the EGM is about apart from having a go at Directors. You need a clear message and to say you have mentioned a topic twice just underlines the issue. Be clear. or I move to sack the AGM people!

You clearly haven't read the EGM proposals and have been blindsided by those who believe that its sole aim is to remove directors. I thought you were better than that.

[CRUMBS]

Lets get this right , is he saying that Harris is not qualified to pick a football Manager , and therefore should appoint a suitable person to carry out Football matters .

[-luke]

Originally Posted by CRUMBS

Lets get this right , is he saying that Harris is not qualified to pick a football Manager , and therefore should appoint a suitable person to carry out Football matters .

If we really look at it, he is saying that they are not meeting their legal obligations... I dont think thats true. Its confusing when we use words like fiduciary...they are appointing managers, there is not a legal requirement for them to be any good at it.

[chef1]

Surely as useless as a board we have it can’t be a crime to be useless at picking managers

[CRUMBS]

He could be a cereal killer though .