CONSTITUTION OF BARKUMA INCORPORATED

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1 CONSTITUTION OF BARKUMA INCORPORATED TABLE OF CONTENTS Heading Paragraph(s) Reference Name of Association 1-2 Definitions 3 Objects 4 Powers of the Association 5 Membership 6-10 The Board (including the Chief Executive Officer) General Meetings Funds of the Association Auditor Winding Up 37 Application of Surplus Proceeds after Winding up 38 Alteration to Constitution Seal Holders NAME OF ASSOCIATION 1. The name of the Incorporated Association is BARKUMA INCORPORATED which is hereinafter called the Association. 2. The Office of the Association shall be situated at such place in South Australia as may be decided from time to time by the Board P age

2 DEFINITIONS 3. In this Constitution: 3.1 Act means the Association Incorporations Act 1985 (SA); 3.2 ADI (abbreviation for authorised deposit-taking institution) and has the same meaning as in the Banking Act 1959 of the Commonwealth; 3.3 the Board means the Board of management of the Association; 3.4 body corporate includes a body corporate within the meaning of section 9 of the Corporations Act 2001 of the Commonwealth; 3.5 Director means a member of the Board; 3.6 general meeting means a general meeting of members of the Association convened in accordance with this Constitution; 3.7 member means a. a person who is under this Constitution a member of the Association; or b. a body corporate that is under this Constitution a member of the Association. 3.8 month shall mean a calendar month; 3.9 ordinary resolution is a resolution passed by a simple majority at a general meeting; 3.10 special resolution means a resolution passed at a duly convened meeting of the members of the Association if a. at least 21 days written notice specifying the intention to propose the resolution as a special resolution has been given to all members of the Association; and b. it is passed at a meeting referred to in this paragraph by a majority of not less than three-quarters of such members of the Association as, being entitled to do so, vote in person or, where proxies are allowed, by proxy, at that meeting Words importing the singular number include the plural number and vice versa. OBJECTS 4. The Association shall have the following objects:- 4.1 To establish equip and maintain for the benefit of persons with an intellectual disability or other disability (hereinafter called clients ) the following services: P age

3 4.1.1 employment services; accommodation services (including crisis and specialised, long and short term accommodation); training services; personal support services; community access services; and from time to time any other services considered beneficial for clientsor desirable by the Association. 4.2 To provide clients with the support they require to enjoy quality lifestyles of their choice enabling their inclusion into our community. 4.3 To promote the inclusion of clients with disabilities into the workforce by providing the highest quality support service to individual employers and employees. From time to time the organization may be required to provide services to clients with different disabilities as part of maintaining services to clients with an intellectual disability, in keeping with Australian Government Policies. 4.4 To establish and maintain commercialenterprises for the benefit of clients. POWERS OF THE ASSOCIATION 5. The Association shall have all the powers conferred by section 25 of the Act. In addition to and without limiting the powers of the Association contained in the Act, the Association shall have the following powers for the purpose of carrying out the objects of the Association: 5.1 acquire, hold, deal with, and dispose of, any real or personal property; and 5.2 administer any property on trust; and 5.3 open and operate ADI accounts; and 5.4 invest its moneys In any security in which trust moneys may, by Act of Parliament, be invested; or In any other manner as the Board, in its absolute discretion, may determine from time to time; 5.5 borrow money upon such terms and conditions as the Association thinks fit; and 5.6 give such security for the discharge of liabilities incurred by the Association as the Association thinks fit; and 5.7 appoint agents to transact any business of the association on its behalf; and P age

4 5.8 enter into any other contract it considers necessary or desirable; and 5.9 for the purpose of carrying out the objects of the Association accept subscriptions from members and gifts donations and legacies made by or bequeathed by members or other persons for the purpose of assisting to carry out the objects of the Association; and 5.10 to recover from clients or other persons responsible for the support of any clients receiving a service from the Association or from the client such contribution towards the cost of providing support for the client as the Board may deem appropriate and with having regard to the financial position of the client or other person responsible; and 5.11 to collect funds for the purpose of enabling these objects to be carried out; and 5.12 to amalgamate or merge with or acquire any other Association or body with main objects similar to those of this Association or which would derive a benefit for clients; and 5.13 to do all such other lawful things as are conducive or incidental to the attainment of any of the objects of the Association. MEMBERSHIP 6. The following shall be members of the Association:- 6.1 Life Members and Honorary Members The Board in its discretion may, if it considers that any person has rendered outstanding services to the Association, appoint such person as a Life Member. A Life Member is a voting member of the Association Abody corporate, Business, Club, Association or body of persons who shall have given to the Association in cash or kind any contribution, which the Board in its discretion shall determine as significance may be given Honorary Membership upon resolution of the Board. An Honorary Member is a voting member of the Association. An Honorary Member who is a Company, Business, Club, Association or body of persons will cease to be an Honorary Member upon the entity becoming deregistered, in administration or liquidation. 6.2 Ordinary Member Subject to the terms of this Constitution (in particular paragraphs 7.3 and 7.4) any person, body corporate,business, Club, Association or body of persons who or which indicates a desire to become a member of the Association, shall, on payment of the annual membership fee as fixed from time to time by the Board be an ordinary member during the currency of one subscription period Notwithstanding the provisions of paragraph above any person who is a member of staff of the Association or a spouse of a member of staff of the Association shall not be eligible to hold membership as an ordinary member P age

5 6.3 Family Member Members of the same family may apply for a single family membership and shall be entitled to one vote per family member present at a meeting provided no such family membership entitles the family to more than 2 votes at such meeting. Family membership shall be entitled to 2 votes per postal ballot. 6.4 Associate Member Any person who is a member of staff of the Association or spouse of a member of staff shall be entitled to apply for membership as an Associate Member. Associate Members are non voting members of the Association. 6.5 Nominee Member 7. Subscriptions Any Honorary or ordinary member of the Association which is a body corporate, Company, Business, Club, Association or body of persons shall be entitled to nominate from time to time one person as its nominee to attend and vote on its behalf at meetings of the Association. 7.1 The Board shall recommend to the Annual General Meeting of the Association, subscription for each class of membership (excluding Life Members and Honorary Members in which no subscription is payable) for the next subscription year commencing on 1 st July following the Annual General meeting provided that the Board may waive or reduce the subscription for any individual or class of persons if by reason of hardship or other special circumstances it considers it proper to do so. 7.2 Subscriptions shall be due and payable in advance on the first day of July each year (or by a new member within fourteen days after notification of his acceptance as a member) for the year ending on the next ensuing 30th June. 7.3 Every candidate for membership shall apply for membership to the Chief Executive and if accepted, such candidate will become a member upon payment of the applicable annual subscription. 7.4 Any applicant for membership who is dissatisfied with the Association s failure to approve an application for membership or type of membership may appeal against such failure to the Board in writing whose decision shall be final. 8 Resignations The Board when exercising the power of adjudication must observe the rules of natural justice. 8.1 A member may resign his or her membership at any time by notice in writing to the Chief Executive of the Association. Any resigning member shall be liable for any outstanding subscriptions which may be recovered as a debt due to the Association P age

6 9 Roll of Members 9.1 A roll of members shall be kept by the Chief Executive. 9.2 The roll of members must contain the following information for each member: 10 Expulsion name and address; voting or non-voting in accordance with the class of membership; date admitted as a member and type of membership; and date and reason for termination of membership Subject to giving a member an opportunity to be heard or to make a written submission, the Boardmay resolve to expel a member upon a charge of misconduct detrimental to the objects of the Association; 10.2 Particulars of the charge shall be communicated to the member at least one month before the meeting of the Board at which the matter will be determined; 10.3 The determination of the Board shall be communicated to the member, and in the event of an adverse determination the matter shall, subject to 10.4 below, cease to be a member 14 days after the Board has communicated its determination to the member It shall be open to a member to appeal the expulsion to the Association at a General Meeting. The intention to appeal shall be communicated to the Chairperson and Chief Executive of the Association within 14 days after the determination of the Board has been communicated to the member In the event of an appeal under above, the appellant s membership shall not be terminated unless the determination of the Board to expel the member is upheld by members of the association in General Meeting after the appellant has been heard by the members of the Association, and in such event membership will terminated at the date of the general meeting at which the determination of the Board is upheld. THE BOARD 11 The affairs of the Association shall be governed by a Board (in this Constitution called "the Board") which shall consist of a maximum of 9 persons ( Directors ), each with voting rights and including at least 1 person from each of the following categories: 11.1 the Chief Executive of the Association (being the Senior Salaried Staff member of the Association); 11.2 A person who is a Chartered Accountant or Certified Practising Accountant; 11.3 A business or community leader recommended to the Association by the P age

7 Board; 11.4 A legal practitioner of the Supreme Court of South Australia or other suitable professional person; 11.5 Ordinary and/or family member who is a financial member (and who is not a client); 11.6 A person within the Health and/or Community Services sector with expertise and experience relevant to the activities of the Association; 11.7 A person with expertise and experience relevant to the activities of the Association. 12 Appointment of the Board 12.1 A Director shall be a natural person For a person to be eligible for election as a Director he or she must deliver a written nomination to the Secretary of the Association at the current address of the Association at least 21 days before the day of the Annual General meeting at which the election is to be held. Each nomination must be signed by two members of the Association (other than the nominee) and also be signed by the nominee. The Nominators and the nominee shall be financial members of the Association at the time of the nomination. Each new nominee must also deliver to the Secretary of the Association supporting evidence for their nomination (for example, curriculum vitae) at least 10 days before the Annual General meeting At the Annual General Meeting in each year such Directors as will fill the number of positions on the Board for which nominations have been called, shall be elected for a two year termat the Annual General Meeting from the financial members A Director cannot remain on the Board for more than a two year term without standing for re-election This paragraph 12.5 is applicable only to the first Annual General Meeting held after the Commencement of this Constitution: All Directors of the Board shall retire or be deemed to retire at the first Annual General Meeting held after the Commencement of this Constitution (except the Chief Executive) and shall respectively be reeligible for re-election or re-appointment Of the nominations for the Board delivered in accordance with clause 12.2 above, one half shall stand for re-election for a two year term and the remainder shall stand for re-election for a one year term which is to be determined by agreement between the nominees and in default of agreement, by lot. 13 Officers of the Board and their duties 13.1 The Directors of the Board shall elect from amongst their number the following Officers (who together form the Executive Committee ofthe P age

8 Board and their role is determined by the Corporate Governance Policies adopted by the Association): A Chairperson; A Deputy-Chairperson; A Finance Director; A Secretary (the Secretary shall be the Public Officer) The duties of the Secretary shall be as described in the Corporate Governance Polices adopted by the Association The duties of the Public Officer shall be as required by the Act The duties of the Finance Director shall be as described in the Corporate Governance Polices adopted by the Association. 14 Retirement of the Board 14.1 The Board shall at a meeting of the Board held not less than twenty-one (21) days prior to the Annual General meeting in each year to resolve the number of positions on the Board for which nominations shall be called One half of the Directors of the Board (excluding the Chief Executive) for the time being shall retire at the Annual General Meeting in each year. As between two or more who have been in office an equal length of time the Directors to retire in default of Agreement may be determined by lot. The length of time a Director has been in office shall be computed from the date of the most recent election of such Director All elected Directors, nominated Directors and ex-officio Directors of the Board shall remain in office until the conclusion of the meeting at which their successors are elected nominated or appointed as the case may be. 15 Quorum 15.1 At any Board meeting five [5] Directors present shall constitute a quorum and the Chairpersonor in his or her absence the Deputy Chairpersonor in the absence of both, the Finance Director or in his or her absence a member appointed by the other members of the Board who are present shall act as Chairperson The Board is empowered to act notwithstanding any vacancy thereon but if the number falls below the number fixed by this Constitution as quorum; the Board shall not, except for the purposes of filling vacancies or convening a General Meeting, act so long as the number is below such number so fixed. 16 Casual Vacancies 16.1 In the event of any casual vacancy occurring in respect of any appointed Director, the Board may affirm the appointment of any person nominated in substitution by the party authorised to make such appointment. Such appointee may hold office on the Board until the retirement of the Board at the P age

9 next Annual General Meeting. Such appointee may nominate themselves for re-election of that casual vacancy position at the next Annual General meeting. 17 Disqualification of Directors 17.1 The office of a Director becomes vacant if a Director is: 18 Conflict of Interest disqualified from being a Director by the Act; expelled as a Director under this Constitution; permanently incapacitated by ill health; absent without apology for more than four meetings in a financial year A Director of Board having a direct or indirect pecuniary interest in a contract or proposed contract with the Association must disclose the nature and extentof that interest to the Board as required by the Act, and shall not vote with respect to that contract or proposed contract. The Director of the Board must disclosure the nature and extent of his or her interest in the contract at the next Annual General Meeting of the Association. 19 Powers and duties of the Board 19.1 The Board shall have the ultimate responsibility and control of the Association and its property and affairs which, in addition to any powers and authorities conferred by this Constitution, may exercise all such powers and do all such things as are within the objects of the Association and are not by the Act or this Constitution required to be done by the Association in general meeting In addition to its other powers, and without affecting the generality of sub-rule 19.1 of this Constitution, the Board shall have the following powers: to expend the funds of the Association in such manner as it considers most beneficial to achieve the objects of the Association; to acquire by purchase, gift or otherwise and to hold property of any kind or any interest in or right to property of any kind to achieve the objects of the Association; to sell, exchange, let or otherwise dispose of all or any portion of any such property interest or right for the time being vested in or owned by the Association; to borrow money either on the security of the whole or any portion of the property of the Association or without giving security; to invest all or any of the funds of the Association in such manner as the Board deems to be in the best interests of the Association; to enter contracts on behalf of the Association; P age

10 to authorise the affixing of the Common Seal of the Association to any document made or executed on behalf of the Association; to enter into any lawful transaction or to do any other lawful things incidental or conductive to the attainment of the objects or the execution of the powers of the Association; the Board may appoint any suitable person to be Patron or Ambassador and any suitable persons to be Vice-Patrons of the Society The Board shall have the authority to interpret the meaning of this Constitution and any other matter relating to the affairs of the Association on which this Constitution is silent The Board may delegate to the Chief Executive for the time being such of its powers and for such period as it thinks fit. 20 Chief Executive Officer 20.1 The Board shall appoint and determine the remuneration of the Chief Executive The Chief Executive shall, subject to the terms of any service agreement hold office during the pleasure of the Board The Chief Executive shall, subject as is hereinafter provided and to the directions of the Board, define the duties of salaried officers and staff The Chief Executive in addition to the duties specified by this Constitution shall subject to the directions of the Board and of these Rules be responsible for the management of the Association The Chief Executive or his nominee shall attend all meetings of the Association, the Board and all Standing Committees The Chief Executive shall be the Public Officer of the Association unless the Board shall otherwise resolve The Chief Executive shall be responsible for the safe custody of all books, documents and other records of the Association and for all moneys of the Association The Chief Executive shall keep or cause to be kept in separate books or electronic file maintained for the purpose: The Minutes of all meetings of the Association, the Board and the Standing Committees A record of all land and buildings owned by and under control of the Association or in which the Association has an estate or interest either at law or in equity A record of the use of the Common Seal of the P age

11 Association A record of investments A proper record of all financial transactions of the Association All such other records as the Board shall from time to time direct or as may be required by law The Chief Executive shall produce at each ordinary meeting of the Board a set of financial statements of the Association made up to the end of the month preceding the meeting As soon as practicable after the close of the financial year the Chief Executive or its delegate shall prepare and produce to the Board the Balance Sheet and statements of Income and Expenditure made up to the end of the preceding financial year, together with the report of the Auditor thereon. 21 Proceedings of the Board 21.1 The Board shall meet not less than on twelve [12] occasions per calendar year in intervals no greater than eight[8] weeks between each meeting and at such other times it may deem necessary. The Board may adjourn and otherwise regulate its meetings as it thinks fit Questions arising at any meeting of the Board shall be decided by ordinary resolution, and in the event of equality of votes, the Chairperson shall have a casting vote in addition to a deliberative vote The Board may from time to time co-opt such persons to assist as it may think fit, but such persons shall be deemed not to be Directors for any purposes under this Constitution. 22 Special Meetings of the Board 22.1 The Chairperson of the Board or a Director may call a special meeting of the Board whenever they shall consider it necessary to do so. Seven days notice at least shall be given of all meetings of the Board provided that if all Directors agree, a meeting may be called on less than seven days notice, or without notice. 23 Committees of the Board 23.1 The Board may also from time to time appoint such Committees whether from Directors of the Board or not and allot to them such duties and responsibilities as may be deemed necessary for carrying on the work of the Association The members of any such Committees shall remain in office for such period as the Board may determine from time to time All Committees appointed by the Board shall be subject to the direction and control of the Board P age

12 24 Minutes 24.1 Minutes shall be kept of the proceedings of every Board meeting and committee meeting of the Association and shall be submitted for confirmation at the next Board meeting of the Association. GENERAL MEETINGS 25 Annual General Meetings 25.1 An Annual General Meeting of the Association shall be held once in every calendar year and within six months of the end of the financial year of the Association The order of the business at the meeting shall be: Confirmation of the Minutes of the previous Annual General Meeting and of any Special General Meeting held since that meeting Presentation of the Annual Report Presentation of the Balance Sheet as at the end of the financial year and a statement of income and expenditure for the financial year immediately preceding the date of the meeting and the report of the Auditor on the financial affairs of the Association Election of Directorsto the Board Confirm the appointment of the Auditor Any other business requiring consideration by the Association in General Meeting 26 Special General Meetings 26.1 There shall be such other general meetings of the Association as the Board may from time to time determine The Board shall convene a special general meeting of the Association upon a requisition in writing under the hands of not fewer than ten (10) voting Members of the Association who are financial Such requisition shall clearly and fully express the intended business of the meeting required to be called and shall be served on the Chief Executive of the Association for the time being by being left for him at the office of the Association or by registered prepaid mail Upon such requisition being so served the Board shall forthwith proceed to convene a special General Meeting to be held at such time and place as it shall think fit not being more than twenty one (21) days after the service of such requisition setting out the business to be discussed No business shall be transacted at any special General Meeting called P age

13 pursuant to the provisions of this clause except such as shall be set forth in the notice convening the meeting If a special general meeting is not convened within 21 days, the requisitionists, or at least 50% of their number, may convene a special general meeting. Such a meeting shall be convened in the same manner as nearly as practical as a meeting convened by the Board, and for this purpose the Board shall ensure that the requisitionists are supplied free of charge with particulars of the members entitled to receive a notice of meeting. The reasonable expenses of convening such a meeting shall be borne by the Association. 27 Notice of Meetings 27.1 Not less than fourteen (14) days notice of a general meeting of the Association shall be given to every Member by being posted to that Member in a prepaid envelope addressed to that member at his or her last known address appearing in the records of the Association or by such other means as nominated by the Member. Any notice which is posted shall be deemed to have been received by that Member on the day following that on which it was posted notwithstanding that it may not reach such Member. 28 Proceedings at General Meetings 28.1 The Chairperson or in his absence the Deputy Chairperson or Finance Director shall preside at all General Meetings of the Association If the Chairperson is unable to attend a General Meeting, or does not wish to preside, the Deputy Chairperson or Finance Director shall preside, but should no such person be present or willing to act then a person entitled to vote and elected by an ordinary resolution at the meeting shall preside The Chairpersonof the meeting shall have a casting vote as well as a deliberative vote The Quorum for any General Meeting shall be ten (10) ordinary Members who are financial and present in person or by nominee where the Member is not an individual person No member shall as regards any special business be at liberty to move at any General Meeting any resolution not previously approved by the Board unless not less than twenty-one [21] days notice in writing has been given to the Secretary of the intention to move such resolution Proper minutes of all proceedings of general meetings of the Association shall be entered within one month after the relevant meeting in minute books kept for the purpose The minutes kept pursuant to this Constitution must be confirmed by the members of the Association at a subsequent meeting The minutes kept pursuant to this Constitution shall be signed by the Chairperson of the meeting at which the proceedings took place or by the Chairperson of the next succeeding meeting at which the minutes are confirmed P age

14 28.9 Where minutes are entered and signed they shall, unless the contrary is proved, be evidence that the meeting was convened and duly held, that all proceedings held at the meeting shall be deemed to have been duly held, and that all appointments made at a meeting shall be deemed to be valid. 29 Voting at Meetings 29.1 Subject to this Constitution, every voting member of the Association has only one vote at a meeting of the Association Subject to this Constitution, a question for decision at a general meeting, other than a special resolution, must be determined by ordinary resolution of members who vote in person or, where proxies are allowed, by proxy, at that meeting Unless a poll is demanded by at least five members, a question for decision at a general meeting must be determined by a show of hands If a poll is demanded by at least five members, it must be conducted in a manner specified by the person presiding and the result of the poll is the resolution of the meeting on that question A poll demanded for the election of a person presiding or on a question of an adjournment must be taken immediately, but any other poll may be conducted at any time before the close of the meeting A member being a body corporate shall be entitled to appoint one person, who shall not be a member of the association, to represent it at a particular general meeting or at all general meetings of the Association. That person shall be appointed by the corporate member by a resolution of its board, which may be authenticated under its seal. Such a person shall be deemed to be a member of the association for all purposes until the authority to represent the corporate member is revoked A special resolution is as defined in this Constitution An ordinary resolution is as defined in this Constitution A member shall be entitled to appoint in writing a natural person who is also a member of the Association to be their proxy, and attend and vote at any general meeting of the Association. FUNDS OF THE ASSOCIATION 30 Prohibition against securing profits for members 30.1 The income and capital of the Association shall be applied exclusively to the promotion of its objects and no portion shall be paid or distributed directly or indirectly to members or their associate except as bona fide remuneration for services rendered or expenses incurred on behalf of the Association. 31 Accounts P age

15 31.1 The Association shall keep and retain such accounting records as are necessary to correctly record and explain the financial transactions and financial position of the Association in accordance with the Act The Chief Executive shall make the financial statements available for inspection by any member upon request The accounts, together with the auditor s report on the accounts, the Board s statement and the Board s Report, shall be laid before members at the Annual General meeting The annual periodic return shall be lodged with the Commission within six [6] months after the end of each financial year. It must be accompanied by a copy of the accounts, the auditor s report, the Board s statement and the Board s report. 32 Bank Accounts 32.1 The Association shall have such bank accounts in the name of the Association as the Board may determine from time to time Cheques drawn on the bank accounts of the Association shall be signed by not less than two persons being such persons as the Board may from time to time appoint for that purpose All moneys, cheques, bills, drafts and other valuable receipts shall be payable to the Association and shall forthwith upon receipt of the same be credited to a bank account of the Association. 33 Gift Fund 33.1 The Association must maintain for its objects a Gifts Fund to which gifts of money or property for those objects are to be made, to which any money received by the Association because of those gifts is to be credited and does not receive any other money or property The Association must use the following only for its objects: gifts made to the Gift Fund, and any money received because of those gifts At the first occurrence of: the winding up of the Gift Fund, or the Association ceasing to be endorsed as a deductible gift recipient under the IncomeTax Assessment Act1997 (Cth), any surplus assets of the Gift Fund must be transferred to a fund, authority or institution: which is charitable at law, P age

16 whose constitution prohibits distributions of payments to its members to an extent at least as great as is outlined in Clause 18, and gifts to which are deductible under the Income Tax Assessment Act The identity of the fund, authority or institution must be decided by the Board Where gifts to a fund, authority or institution are deductible only if, among other things, the conditions set out in the relevant table item in the relevant Subdivision of the Income Tax Assessment Act are satisfied, a transfer under this rule to that fund, authority of institution must be made in accordance with or subject to those conditions. AUDITOR 34 Appointment of Auditor 34.1 The Association shall at each Annual Meeting appoint one or more auditors of the Association The Board may appoint an auditor to fill any casual vacancy in the office of auditor Every person appointed as an auditor of the Association must be a person holding an Auditor s licence under the laws of the State relating to companies Every auditor shall hold office until the next Annual General Meeting after his or her appointment unless terminated by the Board because of his or her failure to adequately perform the audit requirements of the Board. 35 Duties of Auditors 35.1 The auditor or auditors: 36 Rights of Auditors shall not later than the Annual General Meeting in each year audit and report upon the statement of income and expenditure and balance sheet of the Association for the preceding financial year; shall, as and when required by the Board, audit and report upon any of the accounts and books of the Association Every auditor of the Association shall have free access at all reasonable times to all the books and accounts of the Association and may require of any officer or employee of the Association any explanation or information which the Auditor deems requisite in accordance with the provisions of the Act P age

17 WINDING UP 37 The Association may be wound up in the manner provided in the Act. APPLICATION OF SURPLUS PROCEEDS AFTER WINDING UP 38 The surplus assets of the Association as defined in the Act, if any, shall be distributed by ordinary resolution of the members in general meeting to any organisation which has similar objects to the Association and has rules which prohibit the distribution of its assets to its members. ALTERATION TO THE CONSTIUTION 39 This Constitution may be altered at any time by a special resolution passed at a general meeting of Members the notice whereof refers to a proposed alteration or alterations to the rules". 40 The alteration shall be registered with the Corporate Affairs Commission as required by the Act. 41 The registered rules shall bind the Association and every member to the same extent as if they have respectively signed and sealed them, and agreed to be bound by all the provisions thereof. SEAL HOLDERS 42 There shall be four (4) Seal Holders of the Association, namely: 42.1 Chairperson; 42.2 Deputy-Chairperson; 42.3 Finance Director; 42.4 Chief Executive. 43 The Common Seal shall have the name of the Association inscribed upon it and such Common Seal shall be held for safe custody by the Chief Executive. 44 All documents to which the Common Seal is affixed shall be countersigned by at least two of the Seal Holders of the Association. 45 Use of the Common Seal must receive the approval of the Board. 46 The Chief Executive will maintain a register of documents executed by the Association by affixing the Common Seal P age

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