In this article I am only going to touch on the three issues that were listed as the “questions to ponder over” in a recent Malaysiakini article, :
- Legally, is it that an association can only be dissolved at an extraordinary general meeting (EGM), not at an AGM, and upon a written request [by] one or a certain number of members?
- In most cases, a 14-days notice of this EGM shall be sent to all members to validate the meeting. Was this done?
- After March 8, BNWs had automatically lost their membership since their husbands were no longer in power. Hence, do they still have any legal right to conduct an AGM, let alone dissolve the organisation? [my emphasis]
I believe that I have already talked about Question #3 in my earlier post. Question #2 is actually but a ‘consequence’ of Question #1 so this article will now address Question #1.
What does the PBT constitution say about “Pembubaran”?
Pertubuhan BUNGA TANJUNG ini boleh dibubarkan secara sukarela dengan persetujuan Mesyuarat Agong yang dihadiri tidak kurang daripada tiga perlima jumlah semua ahli-ahli. [my emphasis]
Article 19.1, Perlembagaan Bunga Tanjung
Is there a mention on the requirements of a written request by one or a certain number of members?
Is there any mention of an EGM (Mesyuarat Agong Khas) in here? In fact it seems that the PBT constitution BINDs the PBT members to only be able to dissolve their society at an AGM (Mesyurat Agong).
As such doesn’t Question #1 and by extension Question #2 now become immaterial?
Next: Is donating to BAKTI illegal?
