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Re: Trustees

To: brass-band@xxxxxxxxxxxxxxxxxx
Subject: Re: Trustees
From: William Dee <wpdee@xxxxxx>
Date: Thu, 21 Nov 1996 14:33:37 GMT
Priority: low
Reply-to: brass-band@xxxxxxxxxxxxxxxxxx

Ron,

A subject I sadly have a lot of experience of.

Trustees are important. Here`s an example of why. 

One Irish band(a rather good one), did not have Trustees, or any of its
property legally declared as belonging to the band. All the band`s
instruments were purchased through one member. For whatever reason, this
member left, and a few days later, all instruments (and I believe much of
the band`s funds) disappeared. This member had taken them, and eventually
sold them. The band sought legal advice, but were told, legally, he had
every right to. In the eyes of the law, they were his property. This was
only a few years ago, and to this day the band has not fully replaced
everything. So put everything in trust.

But be careful how you appoint them, and who they are. Another example, my
own band. All our property (but not funds) was entrusted to 6 trustees many
years ago. Five of these no longer had anything to do with the band, but
some felt they could still control the band. Early this year, the roof of
our bandroom began to cave in, and we were forced to go ahead with our plans
for a new bandroom a year ahead of schedule. We had already raised 3/4 of
the cost and needed a loan. The trustees would not sign. It wasn't so much
the risk involved that prevented them, the loan would be paid of in a year,
and they were were not personally liable(ie they would not loose the family
home and car if the band defaulted on the loan), but jealousy and spite .
Much of our music, some dating from the last century was destroyed,and the
rest was at risk, but this didn't seem to be important. So we raised the
remainder of the cost from our own pockets. This was one of the last of many
"incidents" we had with one or two of our trustees, including a treat to
take away our instruments (prior to any mention of a loan). One thing saved
us. Research revealed that in our deeds there is a clause that states that
trustees can be removed by a majority vote at a general meeting of the band.
The trustees did not realise this, and when they were made aware of it, it
was "suggested" that they resign, which they did. This was less than a month
ago. We now have new trustees and the slates have started to go on the roof
of our new bandroom since Monday! 

If send me your address, I`ll give you what we have. Much of it was prepared
for us by our solicitor. (Irish and British law is very similar). 

All that aside, our bandroom will be finished in time for Christmas, and I
hope to have a few photos for our page, which is also being developed.

William Dee
Dungarvan Brass Band,
Ireland.


P.S. Has any other band problems with trustees or landlords etc. or is this
a purely Irish problem?


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