Our Constitution
Approved by the Office of Fair Trading 11 October 2018
Download the CONSTITUTION Here:
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1. NAME
The name of the organisation shall be the “Square Dancing Society of Queensland Inc.”, hereinafter referred to as the “Association”.
2. OBJECTS
The objects of the Association shall be –
2.1 To provide a central, autonomous body to organise, promote, publicise and encourage the art of square dancing.
2.2 To improve the public image, awareness and acceptance of square dancing.
2.3 To develop a spirit of fellowship among all members of the square dance fraternity.
2.4 To co-ordinate the activities of the Association clubs and the establishment of new clubs, for the orderly presentation of square dancing.
2.5 To co-operate with other organisations having similar objects.
2.6 To discourage any act by a person, organisation or group which is, in the opinion of the Association, not in the best interests of square dancing.
2.7 To administer the funds and property of the Association in furtherance of its objects and protection of its assets.
2.8 To do all such other things as are conducive or incidental to the attainment and maintenance of the above objects, or any one of them.
3. INTERPRETATIONS
In this Constitution and for any By-Laws –
3.1 The Act refers to the Association Incorporation Act of 1981
3.2 Unless inconsistent with the context, words referring to the masculine gender shall also include the feminine gender
3.3 References to Square Dance, Square Dancing and Square Dancers shall also embrace Round Dancing, Clogging and other associated activities and persons who call, lead or work for any of these forms of dance or activity.
3.4 A special resolution to alter the Constitution, Regulations or By-Laws requires a majority of three quarters (3/4) of eligible voters present or represented at the meeting.
3.5 Where possible the Oxford Dictionary shall be used for interpretation of the meaning of any word contained in the Constitution, Regulations and By-Laws.
4. POWERS
4.1 The Association has the power of an individual
4.2 The powers of the Association are regulated by the Act, Constitution, Regulations and By-Laws and where any rules are in conflict, the provision of the Constitution will prevail.
4.3 The Association shall have the power to –
(a) enter into contracts
(b) acquire, hold, deal with or dispose of, property
(c) make charges for services and facilities it supplies
(d) do other things necessary or convenient to be done in carrying out its affairs.
5. MEMBERSHIP
5.1 Membership shall be available to all persons subscribing to the Objects of the Association, on payment of the prescribed fee, provided they pledge adherence to the “Code of Ethics” and “Standards of Conduct” separately described, and are accepted by the Management Committee.
5.2 Classes of Members
(a) Individual
(i) Person individually interested in the furtherance of Association Objects.
(b) Affiliate
(i) Any Club, Association or body whose objects or activities are related to, or directed towards, square dancing shall be eligible to become an Affiliate Member of the Association provided that they make application in writing to the Secretary.
(ii) Application for affiliation shall be subject to the approval of the Management Committee.
(iii) An Affiliate Member may have up to two voting delegates who have the same rights, obligations and responsibilities as an Individual Member.
(c) Life Members
(i) This is an awarded position of honour to a member who has performed exceptional service to the Association. Consideration should be given to–
1. length of service
2. quality and amount of special duties performed.
(ii) Nominations –
1. Nomination for Life Membership must be submitted for the consideration of the Management Committee at least 28 days prior to the Annual General Meeting.
2. A Life Member may also accept nomination for, and be elected as, a member of the Management Committee or Sub-Committee.
3. Life Members shall enjoy full membership, rights and privileges at no financial cost to themselves.
(d) The number of members in all classes is unlimited.
6. MEMBERSHIP FEES
The membership fee for each Individual and Affiliate Membership –
6.1 is the amount decided from time to time at a Management Committee meeting
6.2 is payable when, and in the way, that the Management Committee decides.
7. ADMISSION AND REJECTION OF NEW MEMBERS
7.1 The Management Committee must consider an application for membership at the next Committee Meeting held after it receives –
(a) the application for membership; and
(b) the appropriate membership fee for the application.
7.2 The Management Committee must ensure that, as soon as possible after the person applies to become a member of the Association, and before the Management Committee considers the person’s application, the person is advised –
(a) whether or not the Association has public liability insurance; and
(b) if the Association has public liability insurance – the amount of the insurance.
7.3 The Management Committee must decide at the meeting whether to accept or reject the application.
7.4 If a majority of the members of the Management Committee present at the meeting vote to accept the applicant as a member, the applicant must be accepted as a member for the class of membership applied for
7.5 The Registrar of the Association should, as soon as practicable after the Management Committee decides to accept or reject an application, give the Applicant a written notice of the decision.
8. WHEN MEMBERSHIP ENDS
8.1 Resignation. A member may resign from the Association by giving a written notice of resignation to the Secretary.
(a) The resignation takes effect at –
(i) the time the notice is received by the Secretary; or
(ii) if a later time is stated in the notice – the later time.
8.2 Termination. The Management Committee may terminate a members membership if the member–
(i) is convicted of an indictable offence; or
(ii) does not comply with any of the provisions of these rules; or
(iii) has membership fees in arrears for at least 2 months; or
(iv) conducts himself or herself in a way considered to be injurious or prejudicial to the character or interests of the association.
8.3 Before the Management Committee terminates a member’s membership, the committee must give the member a full and fair opportunity to show why the membership should not be terminated.
8.4 If after considering all representations made by the member, the Management Committee decides to terminate the membership, the Secretary of the Committee must give the member a written notice of the decision.
8.5 Appeal against rejection or termination
(a) A person whose application for membership has been rejected, or whose membership has been terminated, may give the secretary written notice of the person’s intention to appeal against the decision.
(b) A notice of intention to appeal must be given to the Secretary within 1 month after the person receives written notice of the decision.
(c) If the Secretary receives a notice of intention to appeal, the Secretary must, within 1 month after receiving the notice, call a General Meeting to decide the appeal.
8.6 General Meeting to decide appeal
(a) The General Meeting to decide an appeal must be held within three (3) months after the secretary receives the notice of intention to appeal.
(b) At the Meeting, the applicant must be given a full and fair opportunity to show why the application should not be rejected or the membership should not be terminated.
(c) Also, the Management Committee and the members of the Committee who rejected the application or terminated the membership must be given a full and fair opportunity to show why the application should be rejected or the membership should be terminated.
(d) An appeal must be decided by a majority vote of the members present and eligible to vote at the meeting.
(e) If a person whose application for membership has been rejected does not appeal against the decision within 1 month after receiving written notice of the decision, or the person appeals but the appeal is unsuccessful, the secretary must, as soon as practicable, refund the membership fee paid by the person.
(f) A member whose membership is terminated shall not be eligible to re-join the Association for at least 3 years from the date of termination.
9. REGISTER OF MEMBERS
9.1 The Management Committee must keep a register of members of the Association.
9.2 The register must be open for inspection by members of the Association at all reasonable times.
9.3 A member must contact the Registrar to arrange an inspection of the register.
9.4 However, the Management Committee may, on the application of a member of the Association, withhold information about the member (other than the members full name) from the register available for inspection if the Management Committee has reasonable grounds for believing the disclosure of the information would put the member at risk of harm.
10. PRIVACY
10.1 A member of the Association must not –
(a) use information obtained from the register of members of the Association to contact, or send material to, another member of the Association for the purpose of advertising for political, religious, charitable or commercial purposes; or
(b) disclose information obtained from the register to someone else, knowing that the information is likely to be used to contact, or send material to, another member of the Association for the purpose of advertising for political, religious, charitable or commercial purposes.
10.2 Sub-rule (1) does not apply if the use or disclosure of the information is approved by the Association.
11. MANAGEMENT COMMITTEE STRUCTURE
11.1 MANAGEMENT COMMITTEE
(a) The Management Committee shall consist of –
President
Senior Vice-President
Regional Vice Presidents
Secretary
Treasurer
Executive Assistant
The following positions are moved to the General Committee
Registrar
Review Editor
Publicity and Promotions Officer
Dancer Representatives up to 6.
(b) All members of the Management Committee must be financial members of the Association.
(c) A financial member of the Association can be appointed to a casual vacancy on the Management Committee.
(d) Subject to these rules or a resolution of the members of the Association carried at a General Meeting, the Management Committee has the control and management of the administration of the affairs, property and funds of the Association.
(e) The Management Committee has authority to interpret the meaning of these rules and any matter relating to the Association on which the rules are silent, but any interpretation must have regard to the Act, including any regulation made under the Act.
12. DUTIES AND RESPONSIBILITIES MANAGEMENT COMMITTEE MEMBERS
12.1 Management Committee –
(a) To administer the affairs of the Association in accordance with this Constitution and Regulations, directions, given decisions made at Association meetings
(b) To rule in the interpretation and application of all clauses of this Constitution and Regulations
(c) To do all such other things as may be necessary in accordance with this Constitution and Regulations.
(d) To deal with all matters that are not specifically provided for in the Constitution or other related documents.
12.2 Duties of the President
(a) To represent the Association and Square Dancing in general with dignity at all times
(b) To be the Chairman at meetings of the Association, provide guidance to Sub-committees and be an ex officio member of all Sub-committees
(c) To present an Annual Report at the ensuing Annual General Meeting
(d) To perform all such other duties as directed by the Association in accordance with this Constitution and Regulations as required by the Act.
12.3 Duties of the Senior Vice-President
(a) Preside over meetings in the absence of, or as directed by, the President
(b) Become thoroughly acquainted with the President’s duties and responsibilities
(c) Assist the President in any way.
(d) Liaise with and ensure that Reports are available from Regional Vice Presidents for presentation at Management Committee Meetings.
(e) To perform all such other duties as directed by the Association in accordance with this Constitution and Regulations as required by the Act.
12.4 Duties of the Secretary
(a) To cause full and accurate minutes of all questions, matters, resolutions and other proceedings of every Association meeting to be entered in a book to be open for inspection at all reasonable times by any financial member who previously applies to the Secretary for that inspection.
The minutes of every meeting shall be signed by the Chairman of that meeting or the Chairman of the next succeeding meeting of that type verifying their accuracy.
(b) To maintain an adequate supply of membership application forms, Committee nomination forms and ballot papers.
(c) To call meetings as per Clause 15.4 and to distribute notices, minutes and agendas of meetings to all members of the Association.
(d) To conduct correspondence and perform all secretarial work necessary to effectively carry out the business of the Association.
(e) To take charge of and keep secure the Common Seal and all documents and records belonging to the Association.
(f) To perform all such other duties as directed by the Association in accordance with this Constitution and Regulations or as required by the Act.
12.5 Duties of the Treasurer
(a) To receive all moneys due to the Association and issue receipts therefore and deposit all funds as soon as practicable in the name of the Association in such financial institution as decided by the Association.
(b) To pay all expenditure authorised by the Association, all amounts of twenty dollars or over shall be paid, by either cheque or electronic transfer.
(c) To keep proper books of account maintained either in written or printed form in the English language showing correctly the financial affairs of the Association and particulars usually shown in books of a like nature.
(d) To issue invoices concerning fees, subscriptions, advertisements and other charges at prescribed times or as directed by the Association.
(e) To present a Financial Statement at each Management Meeting.
(f) Comply with the Act with respect to accounting records and practices.
(g) As soon as practicable after the end of each financial year (1 January to 31 December), prepare and submit financial statements relevant to the appropriate Level of Incorporation. All such statements shall be examined, by the Auditor who shall present his report prior to the holding of the Annual General Meeting next following the financial year in respect of which such audit was made.
(h) To perform all such other duties as directed by the Association in accordance with this Constitution and Regulations as required by the Act.
12.6 Duties of the Executive Assistant
(a) To assist in other Management positions as necessary
(b) To fill any casual vacancy occurring in the membership of the Management Committee
(c) Maintain the Web Page
(d) Maintain the Association Red Book
(e) Maintain the archives as relevant to Square Dancing in Queensland
(f) Report on activities at each Management Meeting
(g) To perform all such other duties as directed by the Association in accordance with this Constitution and Regulations as required by the Act.
12.7 Duties of Regional Vice-Presidents
(a) To represent the Association and Square Dancing in general, particularly in their designated area, with dignity at all times.
(b) To convene meetings in their designated area
(c) Report to the Association on the activity and progress within such area, particularly to the Annual General Meeting.
(d) To perform all such other duties as directed by the Association in accordance with this Constitution and Regulations or as required by the Act.
13. DUTIES AND RESPONSIBILITIES GENERAL COMMITTEE MEMBERS
13.1 Duties of Registrar MOVED TO GENERAL COMMITTEE
(a) To maintain a register in which shall be entered the names and addresses of all members of the Association and the dates of their admission. Particulars shall also be entered into the register of deaths, resignations, terminations, suspensions and reinstatements of membership and any further particulars as the Management Committee or General meeting may require from time to time. The Register shall be kept open for inspection at all reasonable times by any member who previously applies to the Registrar for such inspection.
(b) By appointment of the Management Committee.
(c) Submit Report on activities at each General Meeting.
(d) To perform all such other duties as directed by the Association in accordance with this Constitution and Regulations or as required by the Act.
13.2 Duties of Review Editor MOVED TO GENERAL COMMITTEE
(a) To co-ordinate with National Review Editor in relation to Queensland Clubs and when required collate Club details, news and advertisements for inclusion in the electronic version of Australian Square Dance Review.
(b) To ensure that all Clubs are aware of the new process for advertising Items and payment of advertising Items.
(c) To receive electronic version of Review and request Webmaster to include
on Website and advise Management Committee latest issue is available.
(d) By appointment of the Management Committee.
(e) To perform all such other duties as directed by the Association in accordance with this Constitution and Regulations or as required by the Act.
(f) Report on activities at each General meeting.
(g) If required a Sub-committee can be formed. [Reference Clause 16. Appointment of a Sub-Committee]
13.3 Duties of Publicity and Promotions Officer MOVED TO GENERAL COMMITTEE
(a) To obtain maximum favourable publicity for the Association and Square Dancing in general.
(b) To promote square dancing and square dance activities.
(c) To assist individual clubs in the promotion of Square Dancing.
(d) To authorise use of the Association name in advertising and promotion.
(e) Report on activities at each General meeting
(f) By Appointment of the Management Committee
(g) If required a Sub-committee can be formed. [Reference Clause 16. Appointment of a Sub-Committee.
(h) To perform all such other duties as directed by the Association in accordance with this Constitution, the Act, Regulations or as required.
13.4 Duties of Dancer Representatives MOVED TO GENERAL COMMITTEE
(a) To supply feedback from the General Dancer population.
(b) To perform all other duties as directed by the Association in accordance
with this Constitution, the Act and Regulations as required.
(c) By Appointment of the Management Committee.
14 ELECTIONS
14.1 Positions on the Management Committee at succeeding Annual General Meetings shall be declared vacant in two groups which will then be elected at alternate Annual General Meetings.
Group 1 shall be elected in the odd numbered years and shall consist of –
Senior Vice President
Secretary
Executive Assistant
Group 2 shall be elected in the even numbered years and shall consist of –
President
Treasurer
Regional Vice-Presidents.
14.2 The following positions are moved to the General Committee.
Nominations will be received from financial Society Members and once approved by the
Management Committee appointments will be made for -
Review State Editor
Registrar
Publicity and Promotions Officer
Dancer Representatives up to 6.
14.3 All retiring officials shall be eligible for re-election provided they have been nominated in the prescribed manner.
14.4 The Secretary shall ensure that official nomination forms for positions on the Management Committee shall be published in the State newsletter, in mail-outs and Minutes dispatched to club representatives prior to the end of October.
14.5 No Management Committee member shall serve more than four (4) consecutive years in the same position, unless no other nominations are forthcoming.
14.6 Nominations shall be made on the prescribed form and directed to the Secretary so as to arrive at least 45 clear days prior to the Annual General Meeting. All such nominations must be agreed to by the nominee and signed by the proposer who must both be financial members of the Association at time of nomination. Nominations should be accompanied by a resume of the nominee’s experience sufficient to serve as an introduction to members and a guide to their suitability for the nominated position.
14.7 The Secretary shall circulate a list of nominations, official ballot papers and an envelope endorsed “Ballot Paper – to be opened by Returning Officer only”, to all members and voting delegates at least thirty (30) days prior to the Annual General Meeting. Each ballot paper shall be signed by the Association President to guarantee its authenticity but shall not be marked in any other way to identify the member or affiliate to which it has been sent. Ballot papers should be returned to the Secretary prior to the commencement of the Annual General Meeting, and held by the Secretary, pending the appointment of a Returning Officer by the Annual General Meeting.
14.8 If only one nomination is received for a vacant position, the person so nominated shall be declared elected to that position.
14.9 Should, at the commencement of the Annual General Meeting, there be an insufficient number of candidates nominated, nominations may be taken from the floor of the meeting.
14.10 No member shall hold more than one Management Committee position at the same time.
15. CASUAL VACANCIES, RESIGNATION, REMOVAL OR VACATION OF OFFICE OF MANAGEMENT COMMITTEE
15.1 A member of the Management Committee may resign from the committee by giving written notice of resignation to the secretary.
15.2 The resignation takes effect at –
(a) the time the notice is received by the Secretary; or
(b) if a later time is stated in the notice – the later time.
15.3 A member may be removed from office at a General Meeting of the Association if a majority of the members present and eligible to vote at the meeting vote in favour of removing the member.
15.4 Before a vote of members is taken about removing the member from office, the member must be given a full and fair opportunity to show cause why he should not be removed from office.
15.5 A member has no right of appeal against the members removal from office under this rule.
15.6 A member immediately vacates the office of member in the circumstances mentioned in section 64(2) of the Act.
16. MEETINGS
16.1 Voting
(a) All interested persons may attend meetings of the Association and the voting shall be restricted as follows:
(i) Management Committee Meetings – Members of the Management Committee
(ii) All other meetings – All Financial Members.
(b) Voting shall be by show of hands except for the election of Committee Members which shall be as prescribed in Clause 13.
(c) Each member shall be entitled to one (1) vote and all decisions shall require a simple majority unless specified.
(d) In the event of an equality of voting on any motion, it shall be resolved so as to preserve the status quo.
(e) Every special resolution to alter this Constitution shall be decided by a majority of voters of those present and entitled to vote.
16.2 Quorums
(a) A quorum at Management Committee Meetings shall be a majority of elected members present from the Management Committee.
(b) A quorum at all other meetings shall be a majority of members present. If within half an hour from the time appointed for the commencement of a meeting a quorum is not present, the meeting shall lapse. In such case, it shall stand adjourned to such other time and place as determined by the Management Committee, and if at the adjourned meeting a quorum is not present within half an hour from the time appointed for the meeting, the meeting shall lapse.
16.3 Proxies
(a) A member may appoint a proxy, in writing, to vote on their behalf on a specific topic/s provided that the proxy holder is a current member of the Association and presents the proxy paper to the Secretary prior to the commencement of the meeting.
(b) Proxy voting may only be allowed where the appointer of the proxy is given instructions to the proxy holder in regard to a specific topic/s which is specified on the agenda.
16.4 Notice of Meetings
(a) Any member of the Management Committee may call a Management Committee meeting by giving each member of the Management Committee 48 hours’ notice. Time and location of the meeting shall be included. Only matters pertaining to the duties and responsibilities of the Management Committee can be discussed. Refer to Clause 12.
(b) The Secretary shall call a Combined Management Committee and General Meeting by giving each member of the Association 28 days’ notice. This direction being given by the Management Committee. Agenda, time and location of meeting shall be included.
(c) The Secretary shall call a Special Meeting by giving each member of the Association 28 days’ notice. This direction being given by the Management Committee. Time and location of the meeting shall be included.
(d) The Secretary shall call an Annual General Meeting by giving each member of the Association sixty (60) days’ notice. This direction given by the Management Committee. Matters pertaining to the election of the Management Committee are dealt with in Clause 13. Agenda, time and location of meeting shall be included.
16.5 Management Committee and General Meetings
(a) Subject to this rule the Management Committee may meet as required and conduct its proceedings. Minimum of 3 meetings per year is required.
(b) Any Management Committee members having any direct or indirect pecuniary interest in a subject before the Committee shall abstain from casting a vote in relation to that subject.
(c) Management Committee Meetings shall be open to all financial Members and voting delegates who shall be entitled and encouraged to bring forth topics and engage in discussion.
(d) A General Meeting will be held following the Annual General Meeting and whenever else required.
(e) The Management Committee may hold Meetings, or permit any Committee member to take part in its Meeting, by using any technology that reasonably allows the member to hear and take part in discussions as they happen. Any Committee member who participates in the meeting in this fashion, is taken to be present at the meeting.
(f) Any General Committee Member having any direct or indirect pecuniary interest in a subject before the General Committee shall abstain from casting a vote in relation to that subject.
(g) Order of Business shall be –
(i) Chairman’s opening remarks
(ii) Attendance and confirmation of financial members and voting delegates
(iii) Apologies and naming of proxies
(iv) Minutes of previous Meeting and business therefrom
(v) Correspondence and business therefrom
(vi) Results of membership applications
(vii) Treasurer’s Report and business therefrom
(viii) Reports Management Committee, any active Sub-Committee
(ix) Special business with notification
(x) General business
(xi) Date of next meeting and closure.
16.6 Annual General Meeting –
(a) The Annual General Meeting must be held within 6 months after the end date of the reportable financial year.
(b) Order of Business shall be –
(i) Chairman’s opening remarks
(ii) Attendance and confirmation of financial members and voting delegates
(iii) Apologies and naming of proxies
(iv) Minutes of previous Annual General Meeting and business therefrom
(v) Correspondence relative to the Annual General Meeting and business therefrom
(vi) President’s report, including a resume of operations of the Management Committee and the Association for the preceding year.
(vii) Treasurer’s report and business therefrom
Level 1 Incorporated Associations and particular level 2 and 3 Incorporated Associations.
(1) This rule applies only if the Association is--
(a) a Level 1 Incorporated Association to which Section 39 of the Act applies; or
(b) a level 2 Incorporated Association to which Section 59 of the Act applies; or
(c) a level 3 Incorporated Association to which Section 59 of the Act applies.
(2) The following business must be conducted at each Annual General Meeting of the
Association
(a) receiving the Association’s Financial Statement and Audit Report for the last
reportable financial year;
(b) presenting the Financial Statement and Audit Report to the Meeting for
Adoption;
(c) for a Level 1 Incorporated Association appointing an Auditor or an
Accountant for the present financial year;
(d) for Level 2 Incorporated Associations, appointing an Auditor, an
Accountant or an approved Persons for the present financial year.
Other Level 2 Incorporated Associations
(1) This rule applies only if the Association is a Level 2 Incorporated Association to which
Section 59A of the Act applies.
(2) The following business must be conducted at each Annual General Meeting of the
Association –
(a) receiving the Association’s Financial Statement and signed Statement
for the last reportable financial year;
(b) presenting the Financial Statement and signed Statement to the
Meeting for adoption;
(viii) Appointment of an interim Chairman, if required, and scrutineers
(ix) Election of Management Committee
(x) Appointment of Patron
(xi) Special business with notification relative to Annual General Meeting
(xii) General business relative to Annual General Meeting
(xiii) Date of next meeting and closure.
Other Level 3 Incorporated Associations
(1) This rule applies only if the Association is a Level 3 Incorporated Association to
which Section 598 of the Act applies.
(2) The following business must be conducted at each Annual General Meeting of
Association
(a) receiving the Association’s Financial Statement and signed Statement
for the last reportable financial year;
(b) presenting the Financial Statement and signed Statement to the
Meeting for adoption;
(viii) Appointment of an interim Chairman, if required, and scrutineers
(ix) Election of Management Committee
(x) Appointment of Patron
(xi) Special business with notification relative to Annual General Meeting
(xii) General business relative to Annual General Meeting
(xiii) Date of next meeting and closure.
16.7 Special Meetings
At which only business for which the meeting was convened may be discussed, shall be held –
(a) at the discretion of the Management Committee
(b) at the discretion of a General Meeting
(c) on requisition in writing signed by at least 25 members, who must be financial at the time of request, each request to state the reason for the request and the nature of business to be transacted thereat.
(d) A notice of a special meeting must state –
(i) the day, time and place of the meeting; and
(ii) the business to be conducted at the meeting.
(e) A special meeting must be held within 30 days after notice of the meeting is given.
17. APPOINTMENT OF A SUB-COMMITTEE
17.1 The Management Committee may appoint a sub-committee consisting of members of the Association considered appropriate by the Committee to help with the conduct of the Association’s operations.
17.2 A member of the sub-committee who is not a member of the Management Committee is
not entitled to vote at a Management Committee meeting.
17.3 If a chairperson is not appointed, the members should elect one of their numbers to be chairperson of the sub-committee.
18. APPOINTMENT OF PATRON AND AUDITOR
Appointment of Patron and Honorary Auditor, who need not be members of a represented club, organisation or group or an individual member, shall be approved by the Management Committee meeting prior to the Annual General Meeting. The selected persons shall be approached only by a representative of the Management Committee.
19. REGULATIONS AND BY-LAWS
19.1 Rules for the Regulations and By-Laws of Association business and proceedings shall be formulated by the Management meeting and shall be read and construed in conjunction with this Constitution.
19.2 Amendments to the Regulations and By-Laws may only be made by a special resolution carried out at any Management Meeting, provided that all members receive notice in writing of such amendment as part of notice of the relevant Meeting.
20. COMMON SEAL
20.1 The Management Committee must ensure the Association has a Common Seal.
20.2 The Common Seal must be –
(a) kept securely by the Secretary; and
(b) used only under the authority of the Management Committee.
20.3 Each instrument to which the Seal is attached must be signed by a member of the Management Committee and countersigned by –
(a) the Secretary; or
(b) another member of the Management Committee; or
(c) someone authorised by the Management Committee.
21. APPLICATION OF ASSETS
21.1 The income and property of the Association whencesoever derived shall be used and applied solely in promotion of its objects and in the exercise of its powers.
21.2 No portion thereof shall be distributed, paid or transferred directly or indirectly by way of dividend, bonus or otherwise by way of profit to or amongst the members of the Association provided that nothing herein contained shall prevent the remuneration to any officers or servants of the Association or other person in return for any services actually rendered to the Association provided further that nothing herein contained shall be construed so as to prevent the payment or repayment to any member of out of pocket expenses, money lent, reasonable and proper charges for goods hired by the Association or reasonable or proper rent for premises demised or let to the Association.
22. FINANCIAL YEAR
The end date of the Association’s financial year is 31st December in each year.
23. FUNDS AND ACCOUNTS
23.1 The funds of the Association must be kept in an account in the name of the Association in a financial institution decided by the Management committee.
23.2 If payment is made by cheque, the cheque must be signed by one of the following -
(i) the President
(ii) the Secretary
(iii) the Treasurer
(iv) other member authorised from time to time by the
Management Committee.
Written authority must be obtained from any other two. Cheques shall be crossed “not negotiable” except those in payment of allowances or petty cash recoupments which may be open.
23.3 If payment is made by electronic transfer this will be carried out by the Treasurer and written authority must be obtained from any two (2) of the President, Secretary or other member authorised from time to time by the Management Committee prior to payment being made.
23.4 All expenditure must be approved or ratified at a Management Committee meeting.
24. DISSOLUTION
The Association can and must be dissolved only if:
24.2 A special resolution to this effect is carried by the eligible voters present or represented at a special meeting called for that purpose.
24.2 In the event of dissolution, all assets of the Association, after payment of outstanding accounts, together with Association records and other material, shall be transferred to another entity with similar objects to the Association and which shall prohibit the distribution of its or their income and property among its or their members to an extent at least as great as is imposed on the Association or as directed by Application of Assets clause in this Constitution. Such Institution or Institutions shall be determined by the members of the Association.
FINISH
