Dear Fergal,
On 19 Apr 2024, at 15:08, Fergal Cunningham <fergalc@ripe.net> wrote:
Certain agenda items may only be proposed by the Executive Board. The Articles of Association indicate the following items:
- The adoption of the Charging Scheme with respect to the coming financial year (Art. 15.4.b) - The adoption of amendments to the Standard Service Agreement (Art. 15.5.c) - The approval of new arbiters and/or dismissal of current arbiters and/or adoption of amendments to the arbitration procedure (Art 15.5.d)
The text of the Articles of Association 15.4.b does not explicitly state that no additional proposals are allowed in either of these three items: 15.4 The following subjects shall be placed on the agenda for the Annual Meeting or on the agenda for another General Meeting to be held in the same calendar year: • a discussion of the draft Activity Plan and draft budget after a presentation by the Executive Board; • the adoption of the Charging Scheme with respect to the coming financial year upon proposal of the Executive Board; • a discussion of the policy and the quality of services (to be) rendered by the Association. The wording indicates these agenda items shall always be on the Annual Meeting or a General Meeting in the same calendar year’s agendas, for example as to not forget them. An item that is essentially, “the adoption of an alternative Charging Scheme with respect to the coming financial year upon proposal by the members” is not clearly prevented by the text in the Articles of Association. But it does become a bit odd to have adopted two Charging Schemes, since it is overall quite clear there can only be one Charging Scheme in effect. Perhaps the order of the agenda items matters then, where the latest adoption would override any previous adoption, since that is how it works generally anyway? :-) I do not see any strict wording in the Articles of Association stipulating anything specific regarding the sequencing of the various mentioned agenda items. Best regards, Martin