Inauguration meeting of Hackerspace Adelaide Incorporated, Wednesday May 2, 6:30pm, Format, 15A Peel Street

[Steven Pickles]

Hello Hackers, lurkers and search-engines-of-the-future!

The time has come for our vague little collective to solidify into a bona fide incorporated body.

(Actually the time came some time ago, but I am just now getting around to it.)

Our first step on the path to incorporation is to have a "Meeting of Members".

We have decided (that is, I decided, and no one disagreed loudly enough) that this formal event will take place during our normal Wednesday night meeting on the 2nd of May. The meeting proper will take place at 6:30pm to give people time to get settled. It should be quite short, so there will still be plenty of time for regular hacking.

The goals of the meeting are:
- Authorise one person to apply for incorporation on behalf of the organisation
- Choose a person to be the "Public Officer" (probably the same person doing the application)
- Approve the chosen name of the organisation
- Approve the rules (constitution)

That's all we need to do in the first meeting to get the ball rolling, too easy!

The current draft of our association rules (constitution) is available at this link: https://docs.google.com/document/d/1gIz8L5aCCc6YJEkN2G5HCFE_G8zxLPkgc8ezLaaa-lg/edit

To speed up the meeting, please look through the draft constitution before coming to the meeting, and if you have any suggested alterations, please raise them before the meeting on the mailing list.

If you are interested in being the public officer, here is a document about what that entails: http://www.ocba.sa.gov.au/assets/files/03_po_responsibilities.pdf
(In short: be contactable, and sign stuff).

If you are having any mutinous thoughts about alternate names *stern look*, note that the name "should reflect the association's nature, objects and purposes" and, according to part 20.3.(a).(ii) of the Act, must end with "Incorporated" (which makes everything sound badass).

Most of the "facts" in this email are taken from this guide on incorporation:
http://www.ocba.sa.gov.au/Associations/how/index.html

and the Act:
http://www.legislation.sa.gov.au/LZ/C/A/ASSOCIATIONS%20INCORPORATION%20ACT%201985.aspx

There is also a page on our wiki with all of this information: http://www.hackerspace-adelaide.org.au/wiki/Incorporation

See you there,
pix

[Ken]

I hope no seals are harmed in acquiring sealing wax for the association's seal.
(Didn't know they were still used! :)

Ken.

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[Steven Pickles]

Hi all,

A belated reminder of this special meeting tomorrow.

The inauguration meeting is little more than a "form filling party", because until the paperwork is done and submitted, we aren't actually an organisation. The meaty stuff will happen at our first AGM which will happen sometime after the application is approved. Still, turning up to this meeting is an important (though completely symbolic) way to register your endorsement of Hackerspace Adelaide as an organisation.

The biggest decision of the night is agreeing on the rules. Since the previous link didn't exactly roll off the tongue (or the keyboard), I've made this sexy short url: http://hackadl.org/rules There is nothing sneaky in there (I promise!) as they are borrowed heavily from the example rules published by the OCBA, but please have a quick skim before the meeting.

Also, heavily dependent on the efficiency of interstate courier services, there may or may not be free flowing celebratory Club Mate ;)

See you there,

pix

On 6 April 2012 11:32, Steven Pickles <thatp...@gmail.com> wrote:

[Mark Jessop]

> Also, heavily dependent on the efficiency of interstate courier
> services, there may or may not be free flowing celebratory Club Mate ;)
>

YES. A THOUSAND TIMES YES.

I HAVE BEEN THIRSTING FOR SO LONG...

- Mark

[Jamie Mackenzie]

Haha, I predict the potential for Club Mate will double the attendance :)

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[Steven Pickles]

I can now confirm the presence of Club Mate!

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[Jamie Mackenzie]

Better get some extra chairs!

[Paul Schulz]

Hi Steven (et.al.)

Please put me down as an apology for the meeting.

On Wed, May 2, 2012 at 11:40 AM, Jamie Mackenzie <jrrmac...@gmail.com> wrote:
> Better get some extra chairs!
>
>
> On 2 May 2012 11:37, Steven Pickles <thatp...@gmail.com> wrote:
>>
>> I can now confirm the presence of Club Mate!
>>
>> On May 2, 2012 8:50 AM, "Jamie Mackenzie" <jrrmac...@gmail.com> wrote:
>>>
>>> Haha, I predict the potential for Club Mate will double the attendance :)
>>>
>>> On 2 May 2012 00:25, Mark Jessop <lennieth...@gmail.com> wrote:
>>>>
>>>>
>>>>> Also, heavily dependent on the efficiency of interstate courier
>>>>> services, there may or may not be free flowing celebratory Club Mate ;)
>>>>>
>>>>
>>>> YES. A THOUSAND TIMES YES.
>>>>
>>>> I HAVE BEEN THIRSTING FOR SO LONG...
>>>>
>>>> - Mark
>>>>
>>>>
>>>> --
>>>> You received this message because you are subscribed to the Google
>>>> Groups "HackerSpace - Adelaide, South Australia" group.
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[Fee Plumley]

wtf is club mate??

Fee Plumley

>> reallybigroadtrip needs a bus! contribute to my crowdfunding campaign to help #rbrtOZ become a reality! http://reallybigroadtrip.pozible.com <<

Head Geek at http://technoevangelist.net - spreading the word of geek since 1996.

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Find me on twitter <http://twitter.com/feesable>,

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[Tim Parkinson]

It's a caffeinated beverage of some description I believe.

[Jamie Mackenzie]

http://en.wikipedia.org/wiki/Club-Mate 

See down near the bottom reference to "hacker culture"

[Fee Plumley]

hehe, thank you all. i know i could have googled it but i kept seeing the mention and wanted to know what would happen if i just asked ;P

[Robert Hart]

Apologises for running off, didn't mean to be unsociable, its just that I'd come straight from work and I told Ann I would not be home too late.

Anyway it was a good meeting and you all seem a very nice bunch of people its good this is moving along. 

At the meeting someone ask the question why be incorporated?

This is a common question in other groups I'm involved and so I'd though I'd share this information for those less familiar with it.

Regards

Robert

Incorporation is a system of registration that gives an association of people certain legal advantages in return for accepting certain legal responsibilities.

The most obvious advantage of incorporation is that Hackerspace Adelaide itself has a legal existence. This means it can as an entity:

• sue and be sued,
• own land and chattels,
• enter into tenancy or lease agreements,
• enter into contractual agreements,
• receive grants or funding
• receive a bequest or gift from a will, and
• perpetually exist, that is, remain in existence no matter who is a member until it is disbanded by operation of the law.

One other key principal reason for incorporation is to gain the benefits of limited liability. Section 27 of the Act provides as follows:

'A member of an incorporated association is not liable, except as provided in the rules of the association, to contribute towards the payment of the debts and liabilities of the association or the costs, charges and expenses of a winding up of the association.'

An incorporated association may not be formed for the purposes of trading or earning profit for members.  If the association earns a profit from commercial activity, this profit may not be distributed amongst the members. It must be used for activities carried on by the association.

Yes there are a number of advantages of being an unincorporated body:

• ease of dissolution as there are no statutory obligations;
• privacy of affairs as accounts and financial statements are not subject to public scrutiny as in the case of incorporated associations;
• an unincorporated association which 'carries on business' in other States of Territories does not encounter company registration problems as does an incorporated association;
• it is not necessary to appoint a public officer, which is a statutory requirement for incorporated associations;
• it may be difficult to sue people in relation to a wrong committed by an unincorporated association.
  

However, there are more problems for members of an unincorporated association. In relation to contracts, the law sees a contract made with an unincorporated association as either:

• a contract with the members of the committee personally at the time the contract was made; or
• no contract was intended into, and the contract is so non-binding.

There is therefore risk that if a contract dispute comes before a court, the association may find a contract it is relying on is unenforceable; and a court may hold the secretary or members of the committee personally liable if a contract has been breached.

In relation to ownership of land, registration cannot be in the name of an unincorporated association but by all the members, which can create a difficulty as new members join. If incorporated, title to land is vested in the name of the association as a separate legal entity.

In relation to liability, generally the members of the committee of an unincorporated association will be personally liable for anything for which, if the association were a company, the company would be liable. In particular if some person acting in the course of their duties does some negligent act, which results in damage to person(s) or property, the members of the committee will normally be personally responsible.

If incorporated, an insurance policy can be taken out in the name of an association and this covers at least part of the legal liability.

In relation to litigation, an unincorporated association cannot sue or be sued in the name of the association. Any action taken will be in the name of individuals on behalf of the members of the committee.

If incorporated, any action in law is taken out in the name of an association as a separate legal identity.

[Steven Pickles]

Just to let everyone know that the application forms are finally in at the OCBA.

It took a bit longer than I would have hoped but it was also a little more involved than simply signing and submitting the forms.

pix

--

[Fee Plumley]

well done that man! (...or those men, or whatever it ended up being)

x

--

Fee Plumley

>> reallybigroadtrip needs a bus! contribute to my crowdfunding campaign to help #rbrtOZ become a reality! http://reallybigroadtrip.pozible.com <<

Head Geek at http://technoevangelist.net - spreading the word of geek since 1996.

Digital Nomad at http://reallybigroadtrip.com - dispelling the myth that digital culture is a niche practice

Find me on twitter <http://twitter.com/feesable>,

facebook<http://www.facebook.com/pages/reallybigroadtrip>,

google+ <http://gplus.to/fee>

or anywhere... Flavors <http://flavors.me/technoevangelist>

[Steven Pickles]

Remember this? I got our "certificate" today. We have a number, Hackerspace Adelaide Incorporated is now a thing!

pix

[Tamsyn Michael]

On Tue, Jun 19, 2012 at 7:22 PM, Steven Pickles <thatp...@gmail.com> wrote:

Remember this? I got our "certificate" today. We have a number, Hackerspace Adelaide Incorporated is now a thing!

pix

Woo!

Congrats everyone - nicely done.  Thanks for doing and sending it in Pix (and Jonathan did some organising too), and others that were there, and doing stuff :).  Really cool.  We officially exist!

[Kylie Willison]

woohoo!!

No virus found in this message.
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[Jonathan Wheare]

On 19/06/12 19:22, Steven Pickles wrote:
> Remember this? I got our "certificate" today. We have a number,
> Hackerspace Adelaide Incorporated is now a thing!
>
> pix

Fantastic! Will the certificate be making a visit to the next session?

J.

[Steven Pickles]

sure. unfortunately the "do not fold or bend" instructions were not exactly heeded by the postman.

would it be safe to scan it and post it on the list? i'm not sure about the misdeeds that can be performed with such a facsimile.

pix

J.

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[Jonathan Wheare]

An ABN isn't particularly secret - the government provides a page to allow lookups.  Is there any other information on the certificate?

J.

On 19/06/12 20:03, Steven Pickles wrote:

sure. unfortunately the "do not fold or bend" instructions were not exactly heeded by the postman.

would it be safe to scan it and post it on the list? i'm not sure about the misdeeds that can be performed with such a facsimile.

pix

On 19 June 2012 20:00, Jonathan Wheare <jonatha...@gmail.com> wrote:

On 19/06/12 19:22, Steven Pickles wrote:

Remember this? I got our "certificate" today. We have a number, Hackerspace Adelaide Incorporated is now a thing!

pix

Fantastic!  Will the certificate be making a visit to the next session?

J.


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[Steven Pickles]

Nope, apart from dates, and a low resolution reproduction of a minimalist signature.

Also, it's an "incorporation number" not an ABN. I guess that comes later (oh joy!)

pix

[Derek Munneke]

ABN registration is separate to incorporation, ABN is necessary for dealing with ATO.

http://www.business.gov.au/businesstopics/registrationandlicences/registerfortaxation/pages/registerforanaustralianbusinessnumber(abn).aspx

[Robert Hart]

Well that is just wounderful! Can we set a date for an official celibration?

Happy to make donation

Robert

Sent from my Samsung Galaxy Tab 10.1

[Steven Pickles]

I guess the official celebration would occur after (as in, immediately after) we have our first meeting where we vote in committee members and such.

Although I've never been comfortable with efficiency being so intimately connected with avian genocide, that would kill two birds with one stone.

pix

[Tamsyn Michael]

:J)  Cunning plan.  That way people need to come to the meeting and vote to party.

[Jamie Mackenzie]

Yaaaaaay

On 19 June 2012 21:18, Tamsyn Michael <tamsyn.j...@gmail.com> wrote:

:J)  Cunning plan.  That way people need to come to the meeting and vote to party.

[Robert Hart]

No pressure intended, and maybe I missed something through lazyness on my part to read all posts, but is there a plan afoot for celebrations/committee voting/membership/etc.

Robert

[Jonathan Wheare]

Hi Robert,

I've been delegated the task of putting together a list of "next steps" which should include appointment of committee members and setting up for our first general meeting.

J.

[Steven Pickles]

*passes buck*