Constitution Amendment # 1 Location ARTICLE XI, SECTION 1, LETTER B
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1 Constitution Amendment # 1 Location ARTICLE XI, SECTION 1, LETTER B Chapter Affairs: Each collegiate and alumni chapter shall have the authority to conduct all affairs of the chapter, provided that any actions taken are consistent with the procedures and definitions established in the Constitution, Bylaws or Policies of The Fraternity, and provided that such business is conducted in a democratic manner. Unless prohibited by applicable law, collegiate chapters shall create an unincorporated association with a federal tax identification number or such other legal entity as may be approved by the Executive Director for the purpose of conducting business. Each applicable collegiate chapter shall cause to the formation of a Housing Corporation for the purpose of owning the real property of such chapter. The requirement of every chapter to incorporate in the current state it is located in is burdensome for those chapters with no real property. It adds additional government reporting, agent of incorporation requirements and potential annual fees. It has also come to the National Executive Council s attention that our current structure of chapter corporations is contrary to most of our peers and places additional liability on chapter properties. This will create a separation between a chapter and housing corporation operations.
2 Constitution Amendment # 2 Location ARTICLE XI, SECTION 5, LETTER A To interpret the provisions of the Constitution and Bylaws. The National Executive Council, any national officer, standing committee, collegiate or alumni chapter, chapter corporation or member shall have the right to make a written request for a ruling by the Judicial Council for interpretation of the Constitution or Bylaws or the legality there under of any action taken or proposed to be taken by any officer, committee, chapter, or member, including the National Executive Council. The ruling by the council shall be delivered in writing to the inquirer and to any officer, chapter, committee, or member concerned, and to the National Executive Council. Such rulings shall be binding. This removes reference of chapter corporation. It is believed the term member allows a broad enough opportunity for any undergraduate or alumnus member to make a written request for ruling by the Judicial Committee.
3 ARTICLE VI, SECTION 1, 2, 3 Constitution Amendment # 3 SECTION 1. PRINCIPAL OFFICE: The principal registered office of the Fraternity required by the General Not-For-Profit Act of the State of Missouri to be maintained in the State of Missouri shall be located in Kansas City, Missouri shall be established by the National Executive Council in a State of its choosing. SECTION 2. EXECUTIVE OFFICES: The Executive Offices of the Fraternity shall be located in Indianapolis, Indiana or such other location established by the National Executive Council. SECTION 3 2. OTHER OFFICES: The Fraternity shall have such other offices, whether within or without the State of Missouri, as the National Executive Council may from time to time provide or as the business of the Fraternity may from time to time require. This allows the Fraternity to move its corporation to the state in which the National Headquarters is located removing the requirement to file incorporation documents in multiple states on an annual basis.
4 ARTICLE XII Constitution Amendment # 4 Whenever any notice is required under the provisions of the General Not-For-Profit Act of Missouri the State of incorporation or under the provisions of the Articles of Incorporation or under the Constitution or Bylaws of The Fraternity, a waiver thereof in writing by the person, persons or entities entitled to such notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice. This aligns with Amendment #3
5 ARTICLE XIII Constitution Amendment # 5 Section 1. National Conclave - Amendments may be proposed in writing by any member, chapter, or the National Executive Council not later than 180 days prior to a National Conclave. All chapters and alumni chapters shall be notified of the proposed amendment no later than 150 days prior to the Conclave. A proposed amendment will then be regular business at the next National Conclaves for deliberation and vote. A two-thirds (2/3) vote in favor of the amendment will be required for final adoption. Section 2. Written Request - Amendments may be proposed in writing by any member, chapter, or the National Executive Council to be considered outside of Conclave. The National Executive Council must unanimously approve to accept the proposed amendment prior to its consideration. All chapters and alumni chapters shall be notified of the proposed amendment no later than 150 days prior to an open forum being provided for all delegates to discuss. A proposed amendment will then be issued via mail or ballot for vote. A two-thirds (2/3) vote in favor of the amendment will be required for final adoption. The Executive Director believes that the current time frame to make adjustments to the Constitution and Bylaws was approved when Conclave was held annually therefore proposed amendments could be handled annually. Due to the nature of the college campuses Alpha Kappa Lambda is on and the associations the Fraternity is connected to there may be a rare occurrence in which an amendment is needed and should be done prior to the next Conclave.
6 ARTICLE XIV Constitution Amendment # 6 Section 1. National Conclave - Amendments may be proposed in writing by any member, chapter, or the National Executive Council not later than 180 days prior to a National Conclave. All chapters and alumni chapters shall be notified of the proposed amendment no later than 150 days prior to the Conclave. A proposed amendment will then be regular business at the next National Conclaves for deliberation and vote. A two-thirds (2/3) vote in favor of the amendment will be required for final adoption. Section 2. Written Request - Amendments may be proposed in writing by any member, chapter, or the National Executive Council to be considered outside of Conclave. The National Executive Council must unanimously approve to accept the proposed amendment prior to its consideration. All chapters and alumni chapters shall be notified of the proposed amendment no later than 150 days prior to an open forum being provided for all delegates to discuss. A proposed amendment will then be issued via mail or ballot for vote. A two-thirds (2/3) vote in favor of the amendment will be required for final adoption. The Executive Director believes that the current time frame to make adjustments to the Constitution and Bylaws was approved when Conclave was held annually therefore proposed amendments could be handled annually. Due to the nature of the college campuses Alpha Kappa Lambda is on and the associations the Fraternity is connected to there may be a rare occurrence in which an amendment is needed and should be done prior to the next Conclave.
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