May you were given some kind of clearance from the Court to proceed to the next stage of this sale transaction. You have not notified members of this. Please can you clarify what this means by return fax. I note that you have no power conferred by the articles to supsend Rule 40 in the arbitrary manner in which you appear to have done so and no power to arrange retrospective application to this suspension. There is no definition or categorisation of overseas members in the Memorandum or Articles.
All overseas members fall into that category.
No provision is made for creating different categories of members or for treating overseas members any differently from other members. The only differential treatment set out in the Articles or Memorandum is that members who are overseas have no right to receive club notices unless they designate a UK address for service of those notices Only full members may propose new members and this category of full members includes overseas members. The Articles state that the total membership shall be 15,000 which according to press reports does look suspiciously like the sum of the town, country and overseas members. Although it could easily have done so, Article 6, does not mention overseas members, thereby making no provision for overseas members to cease being full members other than by writing to the club in their capacity as full members specifically saying so. All the implications are that overseas members are merely a subdivision of country members who are so far from club facilities that they pay full membership fees based on their assumed usage of the main Club facilities and Article 6 is consistent with this Under these circumstances, if the Committee or Board of a company incorporated by guarantee sells any asset to a third party who takes with notice of the fact that the Committee intends illegally to discriminate against a certain number of the members, any sale so arranged may be subject to challenge in the courts or may take place subject to that portion of the membership still being part owners of the asset sold.