As per standard Secretariat practice, the proposed Decision Point was reviewed by Legal Counsel prior to its release to the full Board. That review confirmed that the proposed authorization does not conflict with any provision of the Bylaws, including the stipulation that the organization will be headed by an ED.
In making this conclusion, we determined the following:
i. The authorization does not have the express or implied effect of contradicting the Bylaws provision that the organization will be headed by an ED responsible for the day-to-day management of the Global Fund. Rather, we understand that in view of the recent resignation announcement of the current ED, this authorization is intended to clarify the leadership arrangement within the Secretariat.
ii. By identifying the individual holding the interim authority of the ED, the authorization may facilitate leadership transition in a clear and coherent manner until the selection and appointment of a new ED, which will occur in accordance with the governing statutes and policies and procedures of the Global Fund.
For these reasons, the Global Fund Legal Unit has concluded that the proposed authorization is in compliance with the Bylaws of the organization.