Election of Co-Chairs to the GCF Board

Legal assistance paper

All reasonable efforts have been made to ensure the accuracy of this information at the time the advice was produced. However, the materials have been prepared for informational purposes only and may have been superseded by more recent developments. They do not constitute formal legal advice or create a lawyer- client relationship. To the extent permitted any liability is excluded. Those consulting the database may wish to contact LRI for clarifications and an updated analysis.

Print Friendly, PDF & Email

Date produced: 08/05/2013

Could GCF Board Co-chairs be re-elected after their initial one-year tenure has ended?

There are no rules in the GCF Governing Instrument and Revised Draft Additional Rules of Procedure of the Board (“Additional Rules”) which strictly prohibits the re-election of Co-Chairs after their initial tenure has ended.

The Additional Rules provide that, after their one-year tenure, Co-Chairs “shall continue their functions until their successors have be elected” (paragraph 1 of Annex V GCF/B.01-13/02/Rev.01). The implication is that a different person would be elected as a successor. This implication could arguably be supported by paragraph 18 of GCF/B.02-12/0Z) which provides that the main purpose of the rule regarding Co-Chairs continuing in their function until a successor has been elected is to ensure continuity between Co-Chairs. This provision would only be necessary if a different person were to be elected Co-Chair.

However, there is no restriction as to whether the Co-Chairs can be their own successors. In addition, the Governing Instrument and Additional Rules do not prevent re-election of Co-Chairs who have served previously. Neither is there a specific requirement that a different person be elected Co-Chair after the expiry of the first one-year term. Therefore, it could both be argued that Co-Chairs can or cannot serve two (or more) consecutive one-year terms.