Can a monthly meeting rescind a motion passed at an AGM

Dellys from Mackay in Australia has asked this question:

Can a motion passed at an AGM attended by 50 people be rescinded 6 months later at a monthly meeting of 10 or less?

The short answer is no.

AGM’s are “General” meetings. They are meetings of the entire membership. The business conducted at an AGM is quite different from the business conducted at a monthly meeting. Notice must be give of all the substantive decisions which are to be put to the membership and there are different rules that apply in various organisations to what can and cannot be transacted at an AGM.

A monthly meeting is more like the operational and day to day issues an organisation has to deal with.

So a motion passed at an AGM, can only be rescinded either the next AGM or at an EGM (Extraordinary General Meeting) or SGM (Special General Meeting) (EGM and SGM are the same thing – different terminology is used by different organisations.) At the next AGM, or the EGM or SGM, notice would need to be given that it was proposed that a particular motion be rescinded.

Now there is a sting in the tail which many people do not understand. If the action for a motion has been carried out, there is absolutely no point in rescinding the motion. You cannot undo something that has been done. You may need to move another motion to take action to counteract what the first motion did, but there is no point in rescinding a motion where the action has happened.

Please Note: The author is not a lawyer and accepts no responsibility for anything which occurs directly or indirectly as a result of using any of the suggestions or procedures detailed in this blog. All suggestions and procedures are provided in good faith as general guidelines only and should be used in conjunction with relevant legislation, constitutions, rules, laws, by-laws, and with reasonable judgement.

 

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