On enquiring how we stand if our Assoc leaves BBKA and becomes independent, we have been informed that all our equipment we have gathered over time will become the property of the County Assoc. Can this be true??
Any MU members on here will perhaps be able to shed some light on this?
It has to do with “partnership agreements”, which if you don't have one, the government is happy to give you the default one that exists in these cases.
My example is in a musical band or group context, but I'm sure that you can all extrapolate both the facts, the consequences and apply the lessons to BKAs.
The group comprising two violinists, a violist and a celloist.
Essentially a group comes together as a quartet and after a period of rehearsal, begins to play for reward. A business partnership has been formed in law. The MU strongly advise that by this point a comprehensive partnership agreement should be in place, because like it or not there is a default partnership agreement implies, which the members of the group may not actually like.
The group books a number of major gigs and have a few financial commitments under their belt. The instruments are all relatively cheap except that the first violinist plays her own Stradivarious (I wish) violin and it is this instrument and it's unique sound that underpins the success of the group.
A Little known fact is that all these instruments become part of the group's property because they have been responsible for the profits (or losses) of the group. The two violinist decide that they no longer wish to be part of the group. The bookings and their fulfilment will remain the problem of the group, I'm sure you will all agree. Not the problem of the violinists. Get yourself replacements, it's your problem now, we're out of here. The group (now comprised of the viola and cello) point out that the Stradivarius was significantly responsible for the success of the group and claim it as being the property of the group. The first violinist is free to walk, but the violin remains.
Guess what, in the absence of a partnership agreement to the contrary, the group has a legal right to claim the instruments as group property as they figured in making the business what it was.
I would appreciate any comments from professional musicians or legal practitioners that have knowledge of this area.
Heather, the way that your branch BKAis part of the County BKA and probably that is part of the BBKA, so all running under the BBKA articles of constitution or whatever they are called. This should set out in general or in detail the ownership of various items of equipment in the event that a group should decide to pull out of the partnership. Of course in the unlikely case that no such conditions are covered, then if the BBKA decided to shut it's doors, then the County BKAs would be claiming ownership of equipment owned by the BBKA as their partners.
I apologise for the inelegance of my presentation of the facts as they are known to me. Perhaps a more succinct description could be given by someone with a more gifted writing style.
Have you had sight of your local Association, County or BBKA's constitution and read what it says about such things.
People, ask your local BKA and your County BKAfor a copy of their constitution and read it carefully in this regard.
You may be affiliated to the BBKA as Melbourne12 mentions, but as a branch of the County BKA, the relationship is nearer that of a partnership. Legal quicksands methinks.
Before you break away, sell off the BKA's equipment at knock down prices to individual trusted members as the membership is entitled to do if all are in agreement and then when the BKA has little or no equipment of value, only then cede the union. Not something to be rushed.
