SEDGEFIELD TENNIS CLUB - CONSTITUTION

Transcription

1 SEDGEFIELD TENNIS CLUB - CONSTITUTION 1.0 GENERAL 1.1 The Tennis Club will be known as the SEDGEFIELD TENNIS CLUB hereinafter referred to as The Club. 1.2 The Club shall be managed by a MANAGEMENT COMMITTEE hereinafter referred to as the Committee. 1.3 The final authority of the Club is the Annual General Meeting. 1.4 The main aim of the Club is to create facilities for and to promote Tennis as a sport to the advantage of its members in a non-profit manner. The Club is responsible for the maintenance and upkeep of the Tennis Courts situated on Erf 2058 owned by the Municipality of Knysna. 1.5 The Club will enter into such agreements as is necessary for the smooth operation of the Club. 1.6 No surplus fund will be directly or indirectly distributed to any person. 1.7 On dissolution of the club the remaining assets must be transferred to : any other recreational club which has been approved by SARS in terms of S 30A of the income tax act, or any public benefit organisation which has been approved by SARS in terms of S 30(3) of the income tax act. 1.8 No remuneration will be paid to any person which is excessive, having regard to what is generally considered reasonable in the sector and in relation to the services performed, nor may any remuneration be determined as a percentage of any amounts received or accrued to the club. 1.9 A copy of all amendments to the constitution will be submitted to SARS. 2.0 COMMITTEE 2.1 The Club will be managed by a Committee chosen annually at the Annual General Meeting. 2.2 The Committee, inclusive of the Chairperson, will consist of a minimum of five and a maximum of seven members. 2.3 The Chairperson and the Committee will be elected at the Annual General Meeting.

2 2.4 The following office bearers will be appointed annually by the Committee: Vice-Chairperson, Secretary and Treasurer. 2.5 No member who has had a judgement for fraud or any other financial misconduct against them may serve on the Committee. 3.0 FUNCTION OF THE COMMITTEE 3.1 Committee meetings shall be held at intervals of not more than eight weeks. 3.2 The Chairperson, Vice-Chairperson, Secretary and Treasurer together form an executive to deal with day to day matters and any decision taken by the executive will need to be ratified at the next meeting. 3.3 A Committee member who is absent without good reason from three consecutive meetings will automatically forfeit their position as a member of the Committee and the Chairperson shall co-opt a member in his place. 3.4 A quorum will consist of fifty-one percent of the Committee members. 3.5 Decisions of the Committee, if not unanimous, shall be decided by a vote and, in the event of a tie in the number of votes, the Chairperson shall have the casting vote. 4.0 MAIN DUTIES OF THE COMMITTEE 4.1 The Committee will be responsible for the management, administration and financial recordkeeping of the Club. 4.2 The Committee will be responsible for the day to day management of the club. 4.3 The Committee will be responsible for all events and tournaments organised by the Club. 4.4 The Committee may appoint such sub-committees as it deems necessary to facilitate the smooth operation of the Club s activities. 4.5 The Committee will make recommendations at the Annual General Meeting for approval by members regarding Entrance and Annual Fees payable. 4.6 The Committee may enter into agreements as contemplated in clause 1.5, with the exception of extraordinary capital investments, large expenditures and decisions which may have a material effect on the affairs of the club in general for which a special GM would need to be called. 4.7 In the event of a dispute with the Committee regarding Club matters, a minimum of 25% of the Full members may, subject to the conditions of clauses 7.8, 7.9 and 7.10, call a Special General Meeting to resolve the matter.

3 5.0 MEMBERSHIP 5.1 Applications for membership must be submitted to the Committee on the prescribed form. 5.2 The Committee will consider the application for membership and either accept or decline the application. 5.3 On acceptance of the application the Entrance and Annual Fee, as determined by the Committee, will become payable. 5.4 All members are entitled to annual or seasonal membership, subject to clause A member of the Club is at all times subject to this Constitution, the rules made in terms of this Constitution, the laws, by-laws, regulations or rules of the Club and any code of conduct which may be adopted by the Club. A member of the Club shall at all times conduct himself or herself in such a way that the good name and reputation of the Club may not suffer prejudice as a result of his or her conduct. Should a member be deemed to be in breach of the aforegoing and the matter remain unresolved after due consultation with the member, the Committee will have the right to terminate the member s membership. 5.6 A member whose membership has been terminated in terms of clause 5.5 will have the right to appeal at a Special General Meeting in accordance with clauses 7.8, 7.9 and The Committee reserves the right of admission to the courts. 5.8 Members over the age of 18 years will be classed as Full Members. Honorary members will be classed as Members and those under the age of 18 years as Junior Members. 5.9 Only Full Members who are fully paid up will be eligible to vote at the Annual General Meeting On the recommendation of the Committee and after approval at an Annual General Meeting, Honorary Membership may be bestowed on a member Members are prohibited from selling their membership rights or any entitlement in terms thereof. 6.0 FINANCES 6.1 The Financial Year shall be as determined by the Committee. 6.2 The Treasurer shall maintain a set of financial statements, consisting of at least an income statement and balance sheet, and report on the financial state of the Club at each Committee meeting.

4 6.3 Annual Financial Statements shall be presented by the Treasurer at the Annual General Meeting of the Club. These financial statements must be prepared, and their reasonability reported on, by an accountant of reasonable qualification and standing as is, according to the committee, appropriate to the financial affairs of the Club. 6.4 Fees are to be paid annually within thirty days of the due date. 6.5 The due date for the payment of the fees will be the first day of the month following the date of the Annual General meeting. 6.6 Should a member not be in a position to pay the fees in advance, the Committee will arrange a basis of payment of fees with the member. 6.7 Fees not paid in terms of clauses 6.4, 6.5 and 6.6 might result in a member s membership being terminated. 6.8 Should a member whose membership has been terminated re-apply for membership he will be liable for payment of the entry fee on reapplication. 7.0 GENERAL MEETINGS 7.1 An Annual General Meeting shall be held as soon as practicable after the end of the Financial Year of the Club. 7.2 Members need to be informed four weeks in advance of the date, place and time of the Annual General Meeting. 7.3 The Agenda of the Annual General meeting, a copy of the minutes of the previous meeting, the Annual Financial Statements and a nomination form must be made available and ed to the members 4 weeks prior to the Annual General Meeting. Two weeks before the Annual General Meeting, the list with nominations will be ed to members by the secretary. Only those nominated, and who have accepted in writing to the secretary, can be taken into account. If insufficient nominations are received, the Chairperson may invite nominations during the course of the Annual General Meeting. No business shall be dealt with at any General Meeting unless written notice has been given to the Committee not less than 2 weeks before such meeting by the person proposing to raise such business of his or her intention so to do, provided that the Chairperson may on ordinary resolution of the meeting relax this condition. 7.4 One-third of the Club s Full Members will form a quorum. 7.5 A member may be represented at a General Meeting by a proxy, who must be a member of the Club. The instrument appointing a proxy shall be in writing (letter or ) by the member concerned, but need not be in any particular form. A copy will also be forwarded 2 weeks before the General Meeting to the Secretary of the club.

5 The instrument appointing a proxy and the power of attorney or any other authority under which it is signed, shall be tabled at the meeting at which the person named in the instrument proposes to vote. No instrument appointing a proxy shall be valid after the expiration of three months from the date of its execution. 7.6 A motion will be decided by majority vote, and in the event of a tie, the Chairperson will have the casting vote. 7.7 Voting will be by a show of hands or secret ballot as determined by the committee. 7.8 A Special General Meeting will be called by the Committee or at the written request of a member. The written request must state the purpose of the Special General Meeting and must be signed by at least 25% of the Full Members whose fees are fully paid. 7.9 Only motions included in the written request for the Special General Meeting shall be discussed at the Special General Meeting The requirements for a quorum and the process of voting at a Special General Meeting shall be in accordance with clauses 7.4, 7.5, 7.6 and The format of the Annual General Meeting will be as follows: - Signing of the Attendance Register - Confirmation of a Quorum - Welcome - Apologies - Matters arising from the previous Minutes - Confirmation of the Minutes of the previous Annual General Meeting and Special General Meetings if applicable - Chairperson s Report - Financial Report - Election of a new Committee: Chairperson / Committee Members - Proposals submitted for discussion. This constitution has been accepted by members of the club as the constitution of the club. Signed on behalf of the members of the club SIGNATURE OF CHAIRPERSON DATE: 26th November 2011 WITNESS WITNESS