In this website, I often refer to the fact that the Lincoln and District Indoor Bowling Club Co Ltd (LIBC) is a CASC registered club. The Community Amateur Sports Club (CASC) scheme was introduced in 2002 as an option for clubs to register with HMRC (the tax man) and receive tax reliefs in return for the club committing to always comply with a set of regulations. LIBC joined in 2004. More - click here.
After the seeing the errors the BofD had made during their failed CASC compliances 2004 to 2022, I began looking more deeply into the governance of LIBC. I found more errors, the details of which I would immediately pass on privately via email or letter, to the Board of Directors (BofD). There might have been a lot of emails and letters, but there were a lot of errors, ones that could have a serious negative effect:
Many were procedural errors relating to CASC and Companies House regulations, GDPR, and Company law. And if the BofD were operating in a manner that would involve a breech of these laws and regulations, any decisions they made could be legally challenged and their action overturned by the courts with claims against them a real possibility!
ERROR NOTIFICATION or "bullying": The BofD claims that my informing them privately, via email or letter, of their errors was "bullying". Rubbish! It was no more a case of bullying than a solicitor giving their client some bad news about the legality, or rather the illegality of their actions. Or a policeman for providing proof of the illegal behaviour of a criminal - I suppose the criminal might dislike it, might object strongly saying that it upset them, but it wouldn’t be bullying.
ERRORS or "Unfounded allegations"? The BofD called them "unfounded allegations", I call them errors! But you, the reader, can make up your own mind. Their biggest error was the many years denying members their voting rights, and clear CASC non-compliance 2004 and 2021 incl. This is covered in the LIBC and CASC webpage - click here.
Below I list additional errors that I have identified over the last 2+ years, the vast majority of which I have notified to the BofD but have been neither admitted to nor rectified:
A lack of (or failure to declare and follow) a CASC and Natural Justice compliant, disciplinary procedure document which would help the LIBC Board of Directors (BofD) avoid making errors that could result in a legal challenge and claim against the company - click here! I have naturally used my own predicament as an example!
The governing documents that make up the company constitution are now in a mess:
Articles of Association which, because the BofD failed to follow company law during the resolution warning period, are liable to legal challenge if ever invoked - click here!
Sep 2023 the BofD introduced a second document of dubious legal standing, a rather silly document called "LIBC Constitution" (which it certainly isn't) headed "Company (Shareholders) Constitution" (which it certainly isn't) that in many areas is in direct competiton with our Articles of Association containing paragraphs that duplicate and sometimes contradict our Articles of Association. This means that any action taken under this "constitution" or our Articles of Association is liable to legal challenge - click here!
These problems with our governing documents and the inability of the BofD to understand the issues involved have allowed and/or led to:
Apart from April to Jul 2023, over the last year the BofD has been operating with less than the 11 directors required by our Articles of Association. This means that any action taken during those periods is liable to legal challenge - click here!
The legality of most of the director appointments over the last 20 years have been questionable, to say the least. This means that any actions taken during that period are liable to legal challenge - click here!
Broken promises over the introduction of directorates - click here!
Removal of members voting rights within the bowling directorate - click here! UPDATE 14 Feb 2024 partial but welcome return to previous methods.
Changes to the silly "constitution" document WITHOUT shareholders permission. This means that any action taken under this "constitution" is liable to legal challenge - click here!
There have been problems with our accounts in the past, even though the BofD signed them off. The processes of, and declarations made, over the last 20 years have been questionable, to say the least. There are questions to be answered about:
There have been, and probably still are, GDPR errors in our membership joining/annual renewal documents - click here!
The BofD have, in the past, used voting procedures contrary to our Articles of Association. This means that any action taken under those articles would be liable to legal challenge if ever invoked - click here!