Virginia State Bar

An agency of the Supreme Court of Virginia

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Trusts and Estates

A Section of the Virginia State Bar.

Bylaws

BYLAWS OF THE
TRUSTS AND ESTATES SECTION
OF THE VIRGINIA STATE BAR

Approved by Council June 1983
Amended June 1992
Amended October 1993
Amended June 2011


ARTICLE I

Name and Purpose

Section 1.  Name ‑ The name of this Section shall be the Section on Trusts and Estates of the Virginia State Bar.

 

Section 2.  Purposes ‑ The purposes of this Section are to sponsor educational programs and seminars on trusts and estates law; develop and provide to members bibliographies of materials on trusts and estates law, lists of experts, consultants, and research and standards associations; and to provide a forum where section members can share research, source materials, and experiences.

ARTICLE II

Membership

Section 1.  Each member of this Section shall pay to the Treasurer of the Virginia State Bar such annual dues as shall be assessed by the Board of Governors.  Any member of the Virginia State Bar, upon request to the Secretary of this Section, shall be enrolled as a member of this Section.  Members so enrolled shall so constitute the membership of this Section. 

 

Section 2.  Meetings ‑ The annual meeting of this Section shall be held during the annual meeting of the Virginia State Bar, in the same city or place, with such program and order of business as may be arranged by the Board of Governors.  Special meetings of this Section may be called by the Chairman upon approval of a majority of the Board of Governors, at such time and place as the Board of Governors may determine.  The Secretary shall give notice to the members of the time and place of all meetings.  The members of this Section present at any meeting shall constitute a quorum for the transaction of business, and all binding actions of this Section shall be by a majority vote of the members present. 

ARTICLE III

Board of Governors

Section 1.  Number and Eligibility ‑ shall be amended to read as follows:
There shall be a Board of Governors of this Section which shall consist of twelve (12) Members, unless the term in office of the Chair expires with the termination of his or her term in office as Chair, in which case as the Immediate Past Chair he or she shall serve for the year next following the termination of his or her term as Chair as an ex officio full voting member of the Board of Governors of this Section, and for that year the membership of the Board of Governors shall consist of thirteen (13) Members.   (As amended June 1992.)  The initial Board of Governors shall be appointed by the President of the Virginia State Bar, and shall serve until the first annual meeting of this Section, at which time the Board of Governors shall be elected by the membership.

 

Section 2.  Term ‑ shall be amended to read as follows:
The appointed Board of Governors shall serve as the nominating committee at the initial annual membership meeting.  Four (4) Members of the Board of Governors shall be nominated and elected to serve for one (1) year; four (4) Members for two (2) years; and four (4) Members for three (3) years.  "Year" designates a term beginning July 1 after the annual meeting and ending June 30 of the succeeding year.  Thereafter, upon expiration of terms in office of sitting Members of the Board of Governors, Members of the Section shall be nominated and elected to the Board of Governors at each annual meeting of this Section, generally for terms of three (3) years, but for terms of one (1), two (2) or four (4) years if the membership of the Section so determines, beginning July 1 following the annual meeting at which they have been elected and ending June 30 three (3) or four (4) years later.  Nominations at the initial annual meeting of the membership may be made from the floor at this Section meeting.  In no event may anyone serve more than three (3) full terms on the Board of Governors, but a person who serves a partial term may still serve three (3) full terms.  (As amended October 1993.)

 

Section 3.  Nomination - shall be amended to read as follows:
After the initial annual meeting and not less than fifteen (15) days before each subsequent meeting, the Chair shall appoint a nominating committee of at least five (5) Members, at least two (2) of whom shall not be Members of the Board of Governors, at least one (1) of whom shall practice in each of the four basis geographical resigns of the state, Richmond, Northern Virginia, Tidewater, and Central and Western Virginia.  The Chair shall name a Chair of the nominating committee.  The nominating committee may meet or correspond or confer by telephone, as they shall determine, for purposes of considering, evaluation and selecting nominees.  The nominating committee shall meet at the place of the annual meeting at a time designated by the Chair of this Section and shall make and report to the Section nominations for any offices held by Members of the sitting Board of Governors whose terms expire on the 30th day of June following the annual meeting, or for any offices which are then vacant.  Normally nominations shall be made for three (3) year terms, but when necessary in the nominating committee's discretion to provide appropriately staggered terms whereby ideally four (4) new Members will be elected each year, nominations may be made for one (1), two (2) or four (4) year terms, and in the event of a vacancy in the office of a member of the Board of Governors whose term had not expired, the nomination may be made for a new member to serve out the term of the retiring or otherwise unable to serve member.  A majority of the nominating committee shall constitute a quorum for purposes of selecting nominees for specific terms.  Nominations of Members of the Section to serve on the Board of Governors other than those proposed by the nominating committee may be made from the floor of the Section meeting.  In that event, of all of those nominated, those receiving the greatest number of positive votes shall join the Board.  If a nominee from the floor is elected, the Chair shall assign such nominee an appropriate term of office consistent with the rotation of Board Members described in these By-Laws.  (As amended June 1992.)

 

Section 4.  Election - Elections of Members of the Board of Governors shall be by voice vote or hand-raising unless the Chair shall otherwise in his or her discretion determine that voting by written ballot would be more appropriate.  (As amended June 1992.)

 

Section 5.  Duties and Powers ‑ The Board of Governors shall have general supervision and control of the affairs of this Section, subject to the provisions of the Rules for Integration of the Virginia State Bar and the bylaws of the latter.  It shall especially authorize all commitments or contracts which shall entail the payment of money and shall authorize the expenditures of all monies appropriated for the use or benefit of this Section.  It shall not authorize commitments or contracts which shall entail the payment of more money during any fiscal year than the amount which shall have been previously appropriated to this Section for such fiscal year. 

 

Section 6.  Meetings ‑ Regular meetings of the Board of Governors of this Section shall be held at the annual meeting after new Board Members are elected and otherwise upon the call of the Chair as necessary to organize the Section's Annual December Continuing Legal Education Program around the Commonwealth, to organize the Section's program at each annual meeting, and as otherwise required to conduct the Section's business.  The exact time and place of the meeting shall be designated by the Chair, and the Secretary shall give notice to each Member of the Board.  Meetings of the Board of Governors shall also be held at the request of the majority of the Board of Governors, and the Secretary shall give notice to the Members of the Board.  A majority of the Board shall constitute a quorum, and all binding actions of the Board shall be by majority vote.  Absent members may communicate their vote or their proxy to any other Board Member in writing, or to the Secretary, and have it counted with the same effect as if it was cast personally.  (As amended June 1992.)

 

Section 7.  Vacancies ‑ The Board of Governors, during the interim between annual meetings of this Section, may fill vacancies in its membership. Members of the Board of Governors and officers so selected shall serve until the next succeeding June 30 or until their successors have been elected and qualified. 

 

Section 8.  Committees ‑ The Board of Governors may designate committees and appoint
the membership from Section members, to perform such duties and exercise such powers as the Board of Governors shall direct, subject to limitations of these bylaws and the bylaws of the Virginia State Bar. 

 

ARTICLE IV

Officers

Section 1.  Nomination and Election ‑ The Board of Governors shall meet immediately following the annual Section meeting and shall elect from among their number a Chairman, Vice‑Chairman, and Secretary, Newsletter Editor, and Assistant Newsletter Editor to hold office for a term beginning July 1 of each year and ending on June 30 of the next succeeding year, or until their successors have been elected and qualified.  (As amended October 1993.)

 

Section 2.  Chairman ‑ The Chairman shall preside at all meetings of this Section and of the Board of Governors.  He shall formulate and present at each annual meeting of the Virginia State Bar a report of the work of this Section for the immediate past year.  He shall perform such other duties and acts as usually pertain to his office. 

 

Section 3.  Vice‑Chairman ‑ Upon the death, resignation, or during the absence or disability of the Chairman, or upon his refusal to act, the Vice‑Chairman shall perform the duties of the Chairman for the remainder of the Chairman's term except in the case of the Chairman's disability, in which event he shall perform the duties of the Chairman only so long as the disability continues.  The Vice-Chairman shall have primary responsibility for the management of the Section Website. (As amended June 2011.)

 

Section 4.  Secretary ‑ The Secretary shall be the custodian of all books, papers, documents, and other property of this Section, except money.  He shall give notice of all meetings of this Section and of the Board of Governors and keep a true record of the proceedings.  He shall assist the Chairman in preparing a summary or digest of the proceedings of this Section at its annual meeting for publication in the Annual Report of the Virginia State Bar, after approval by the Executive Committee or the Council of the Virginia State Bar, or a committee designated by either.

 

Section 5.  Newsletter Editor - The Newsletter Editor shall have primary responsibility for the publication of  two  (2) Section Newsletters each year, one in the Fall, and one in the Spring, each of which shall contain articles on matters of interest to Section Members and communications to Section Members from the Chair and/or the Board.  (As amended June 2011.)

 

Section 6.  Assistant Newsletter Editor - The Newsletter Editor shall be supported in his or her responsibilities by an Assistant Newsletter Editor.  (As amended June 1992.) 

 

Section 7.  Vacancies ‑ The Board of Governors shall fill any vacancy that may occur in the office of Chairman, Vice‑Chairman, or Secretary, Newsletter Editor, or Assistant Newsletter Editor.  (As amended October 1993.)

ARTICLE V

Miscellaneous

Section 1.  Fiscal Year ‑ The fiscal year of this Section shall be the same as that of the Virginia State Bar. 

 

Section 2.  Expenses ‑ All expenses incurred by this Section, before being forwarded to the Treasurer of the Virginia State Bar for payment, shall be approved by the Chairman or the Secretary, or, if the Board of Governors shall so direct, by both of them. 

 

Section 3.  Compensation ‑ No salary or compensation shall be paid to any officer or member of the Board of Governors. 

 

Section 4.  Action of Section ‑ Before any action of this Section becomes the action of the Virginia State Bar, it must be approved by the Council of the Virginia State Bar.  Any resolution adopted or action taken by this Section may, on request of this Section, be reported by the Chairman of this Section to any meeting of the Council of the Virginia State Bar for the bar's action thereon. 

 

Section 5.  Printing ‑ All printing for this Section or for the Board of Governors or by committees of this Section shall be done under the supervision of the headquarters office of the Virginia State Bar. 

ARTICLE VI

Procedure

Section 1.  Except as otherwise provided in these bylaws, Robert's Rules of Order shall govern the procedure at meetings of this Section and its Board of Governors. 

ARTICLE VII

Effectiveness & Amendment of Bylaws

Section 1.  Bylaws Effective ‑ These bylaws shall become effective after approval by the Council upon recommendation of the Executive Committee of the Virginia State Bar and by this Section. 

 

Section 2.  Amendment ‑ These bylaws may be amended at any annual meeting of this Section by a vote of a majority of the members of this Section present and voting, provided such amendment shall first have been approved by a majority of the Board of Governors and provided, further, that no amendment so adopted shall become effective until approved by the Council upon recommendation of the Executive Committee of the Virginia State Bar.