sports club constitution template

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The Act Except where the contrary intention appears, in this Constitution, an expression that deals with a matter under the Act has the same meaning as that provision of the Act. EFFECT OF MEMBERSHIP This clause reconfirms the requirements of the Act and that the Constitution is a contract between the Club and its Members. 1. The principle is based on the premise that if a majority cannot agree on an issue then the issued should be forfeited’. It is about changing the culture and structure of sport to ensure it becomes equally accessible to everyone in society. Constitution Template. Forfeiture of Rights A Member who ceases to be a Member, for whatever reason, shall forfeit all rights in and claims upon the Club and its property and shall not use any property of the Club including Intellectual Property. These procedures can be varied. Delegations can and should in some cases include the authority to spend the Club’s funds in accordance with the agreed budget. “Board” is a term commonly used in documents on governance and is used throughout this document. This template gives the chair a discretionary casting vote. This is optional. The document has been prepared to show the organisation as a key part of the overall national structure for the Sport and thus there are references to the state governing body for the sport and the national governing body for the sport, as well as the regional body (where applicable). Individual Member means a registered, financial Member of the Club who is at least 18 years of age. Register means a register of Members kept and maintained in accordance with clause REF _Ref217872370 \r \h \* MERGEFORMAT 7. The result of the poll shall be the resolution of the meeting. EXISTING DIRECTORS PAGEREF _Toc384898218 \h 15 13. Template 2 . While that still applies, in a sport setting we are more used to calling them Clubs. This template refers to “Board” and “Directors” instead of committee and committee Members. Procedure That Member will be subject to and submits unreservedly to the jurisdiction, procedures, penalties and the appeal mechanisms of the Club set out in the Regulations or as otherwise determined by the Board. Template Club Constitution Sports equity is about fairness in sport, equality of access, recognising inequalities and taking steps to address them. So you have decided that you want to create your bylaws, how do you begin? Use it for any group interest. To enable ease of use, this model contains extensive footnotes and explanations on clauses and highlights sections that can be varied to suit your local situation. Such a Judiciary Committee shall operate in accordance with the procedures expressed in the Regulations or as otherwise determined by the Board but subject always to the Act. Board means the body managing the Club and consisting of the Directors. DISCONTINUANCE OF MEMBERSHIP Notice of Resignation A Member who has paid all arrears of fees payable to the Club may resign or withdraw from membership of the Club by giving notice in writing to the Club of such withdrawal or resignation. Grounds for Termination of Director In addition to the circumstances in which the office of a Director becomes vacant by virtue of the Act, the office of a Director becomes vacant if the Director: dies; becomes bankrupt or makes any arrangement or composition with their creditors generally; after reasonable consideration by the Board, is determined by the Board to have become Incapacitated and the Board reasonably expects the Director will remain Incapacitated for a period exceeding 3 months, provided always that: the Director is first given the opportunity to make written or oral submissions to the Board before a determination is made; and any determination made under this clause 17.2 shall be made with the Directors acting reasonably; or resigns their office in writing to the Club; is absent without the consent of the Board from meetings of the Board held during a period of six (6) months; holds any office of employment with the Club without the approval of the Board; is directly or indirectly interested in any contract or proposed contract with the Club and fails to declare the nature of that interest; in the reasonable opinion of the Board (but subject always to this Constitution) has: acted in a manner unbecoming or prejudicial to the Objects and interests of the Club; brought themselves or the Club into disrepute; is removed by Special Resolution; or would otherwise be prohibited from being a director of a corporation under the Corporations Act 2001 (Cth.). When a meeting is adjourned for thirty (30) days or more, notice of the adjourned meeting shall be given as in the case of an original meeting. It may vary where Members have different rights or, for example, where a Member is not financial. STATUS AND COMPLIANCE OF CLUB PAGEREF _Toc384898242 \h 30 37. Sports Equity. The ASC’s Sports Governance Principles recommend that “votes taken at Board or General Meetings should be passed by a majority of Directors/Members and not be subject to a casting vote. 1. If the chair is not present, or is unwilling or unable to preside at a Board meeting the remaining Directors shall appoint another Director to preside as chair for that meeting only. Board May Act If a casual vacancy or vacancies arises in the office of a Director or Directors, the remaining Directors may act. As a Club Licence requires an organisation to be a company within the meaning of the Corporations Act, this template will not be suitable (as it is a Constitution for an incorporated association) and legal advice should be sought in relation to a Constitution for a company. • (Junior Club/Disability Club) is a subsidiary of (name of Club) and as such has adopted and agreed to abide by all the Club’s policies and procedures. In alternate months it may meet not as a Board, but as a committee to address operational issues thereby keeping separate the strategic and operational dimensions of running a Club. Procedure of Delegated Entity The procedures for any entity exercising delegated power shall, subject to this Constitution and with any necessary or incidental amendment, be the same as that applicable to meetings of the Board under clause REF _Ref167521021 \r \h \* MERGEFORMAT 18. The Board’s role includes determining the Club’s strategic direction, core values and ethical framework, as well as key objectives and performance measures. The Board is empowered to prevent any Member whose annual subscription or any other fees are in arrears from exercising the whole or any of the rights or privileges of membership of the Club, including but not limited to the right to vote at General Meetings. These include disciplinary regulations, election procedures, policies including Member protection and anti-doping (subject to SSO and NSO requirements), financial management and particular sporting matters. The close of nominations for Board members is 35 days (see clause 15.2(e)) as is the call for notices of motion (see this clause 25). This clause sets out how such delegations should be made and how they operate; clause 19.1 refers to an ‘instrument in writing’ that outlines delegations. RSO means the Regional Sporting Organisation being [INSERT NAME OF RSO] and which is a member of or affiliated with SSO. It should, at least, be more than half of the Directors in office. The name of the Club can be varied according to what the organisation requires. and generally accepted principles and/or any applicable code of conduct. b) The club shall have the power to raise money by means of yearly affiliation fees and match fees as determined by the Management Committee at the Annual General Meeting. Such Regulations must be consistent with this Constitution and any policy directives of the Board. Your Club may choose to refine your definition of ‘juniors’ to allow Junior Members who are aged 16 years and older to attend and vote at the annual general meeting. SUBSCRIPTIONS AND FEES ® PAGEREF _Toc384898217 \h 14 12. The Register shall be amended accordingly as soon as practicable. Junior Member means a registered Member of the Club who is younger than 18 years of age. Director means a member of the Board and includes any person acting in that capacity from time to time appointed in accordance with this. ARTICLE VI. RECORDS AND ACCOUNTS PAGEREF _Toc384898235 \h 27 30. QUORUM Section 1. This Constitution shall not be altered except by Special Resolution. Procedural irregularities No decision of the Club, the Board or any Board authorised entity shall be invalid merely because of a failure to give proper notice under this Constitution or the Regulations or other irregularity in procedure required by this Constitution or the Regulations unless a person suffers substantial prejudice as a result of that failure to give proper notice or irregularity in procedure. Severance If any provision of this Constitution or any phrase contained in it is invalid or unenforceable, the phrase or provision is to be read down if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this Constitution. The Board may also amend or repeal any decision made by a body or person under this clause 19. DISTRIBUTION OF PROPERTY ON WINDING UP If upon winding up or cancellation of the Club there remains, after satisfaction of all its debts and liabilities, any assets or property, they shall not be paid to or distributed among the Members. Accounts Conclusive The statements of account, when approved or adopted by an annual General Meeting, shall be conclusive except when errors have been discovered within three (3) months after such approval or adoption. The club is owned and managed by City of Leeds Gymnastics Club Community Interest Company (hereinafter called COLGC CIC) (registered in England Company number –7810479) and is affiliated to British Gymnastics 2. When, but for this clause, more than fifteen (15) months elapses between annual General Meetings, the Board shall convene a special General Meeting before the expiration of that period. The Club shall not be required or compelled to provide any reason for such acceptance or rejection. In addition to the register of delegations, the resolution to approve the delegations should be clearly recorded in the Board minutes. The parties to the dispute must meet and discuss the matter in dispute, and, if possible, resolve the dispute within fourteen days after the dispute comes to the attention of all parties. If there are ten Directors the quorum should be six and so on. Board to Meet The Board shall meet as often as is deemed necessary in every calendar year for the dispatch of business (and shall be at least as often as is required under the Act). Nothing in clauses REF _Ref217874251 \w \h 31(b) or REF _Ref159726009 \w \h 31(c) shall prevent payment in good faith to any Member for: any services actually rendered to the Club whether as an employee, director or otherwise; goods supplied to the Club in the ordinary and usual course of operation; interest on money borrowed from any Member; rent for premises demised or let by any Member to the Club; or any out-of-pocket expenses incurred by a Member on behalf of the Club; provided that any such payment shall not exceed the amount ordinarily payable between ordinary commercial parties dealing at arm’s length in a similar transaction. Proxy voting has not been provided for in this template. Where voting is equal, the chair may exercise a casting vote. It shall produce these as appropriate at each Board or General Meeting. 1. Qualifications for Appointed Directors The appointed Directors may have specific skills in commerce, finance, marketing, law or business generally or such other skills which complement the Board composition. Note that this section is linked to clause 27 (Voting at General Meetings) as it defines voting rights at meetings of each membership category. In the Act, the term “Committee” is used to describe the governing body of an incorporated association. Name. Conflict of Interest ® A Director shall declare their interest in any contractual, selection, disciplinary, or financial matter in which a conflict of interest arises or may arise. Details of your Club Privacy Policy and Procedures for handling and securing personal details of Members can be outlined in the Club Regulations. CLUB CONSTITUTION TEMPLATE . The document has been also drafted to take into account the Australian Sports Commission’s (ASC) Sports Governance Principles. VACANCIES On the Board Casual Vacancies Any casual vacancy occurring in the position of Director may be filled by the remaining Directors from among appropriately qualified persons. Where a notice is sent by facsimile transmission, service of the notice shall be deemed to be effected upon receipt of a confirmation report confirming the facsimile was sent to/or received at the facsimile number to which it was sent. OBJECTS OF THE CLUB The Objects of the Club are important and must be carefully considered. a) The income and property of the club, however derived, shall be applied solely towards the objectives of the club as set out in Rule 2, of this constitution. In a club run by volunteers, sufficient time needs to be allowed for each step to be completed. This clause sets out how such delegations should be made and how they operate. POWERS OF THE BOARD Taken from the ASC’s Sports Governance Principles: The Board’s primary responsibility is one of trusteeship on behalf of its stakeholders, ensuring that the legal entity, the Club, remains viable and effective in the present and for the future. APPOINTed DIRECTORS Appointed Directors need not be appointed. Page 1 of 2 A4 OBJECTS OF THE CLUB PAGEREF _Toc384898209 \h 9 4. It takes into account issues which a general community organisation might not need to include; for example, Sport must deal with the impact of drugs; Sport is affected by child protection legislation; and Sport operates under a national system where the national body can make rulings and set policy that will flow through the Sport and affect those playing at Club level. The Club shall take reasonable steps to distribute such changes to Members. The Committee usually draws its authority from the club’s constitution. CONSTITUTION [INSERT CLUB NAME] INCORPORATED. Under the Associations Incorporation Act 2009 (NSW), an association or club may:. 3. Members ® The Members of the Club shall consist of: Life Members, who subject to this Constitution, shall have the right to receive notice of General Meetings and to be present, to debate and to vote, at General Meetings; Individual Members, who subject to this Constitution, shall have the right to receive notice of General Meetings and to be present, to debate and to vote at, General Meetings; and Junior Members, who subject to this Constitution, shall have no right to receive notice of General Meetings but no right to be present, or debate, or vote, at General Meetings. CONSTITUTION OF THE GOODWOOD SPORTS CLUB With amendments up to and including the 2013 Annual General Meeting. The model constitution under the Act is expressly displaced by this Constitution. It should be emphasised that this Sample Constitution is not intended for a Club which owns significant assets or Election and Appointment of Directors ® The process for electing and appointing Directors is not entrenched in the Constitution. Special Resolution means a Special Resolution defined in the Act. If your Club is primarily a junior competition Club or you have a high proportion of Junior Members, you may need to consider membership categories that ensure that your membership has representation in decision-making. ANNUAL GENERAL MEETING PAGEREF _Toc384898227 \h 22 22. k Ëc Ëc Ëc V¨ Ëc Ëc Ëc Ëc ÿÿÿÿ ÿÿÿÿ ÿÿÿÿ ÿÿÿÿ ÿÿÿÿ ÿÿÿÿ ÿÿÿÿ ÿÿÿÿ ÿÿÿÿ ÿÿÿÿ ÿÿÿÿ ÿÿÿÿ ÿÿÿÿ ÿÿÿÿ ÿÿÿÿ ÿÿÿÿ ÿÿÿÿ ö® Ëc Ëc Ëc Ëc Ëc Ëc Ëc Ëc Ëc Ş ë( : Associations Incorporation Act 2009 (NSW) (Act) Model Sport Club Constitution November 2018 Introduction This model Constitution has been prepared by the NSW Office of Sport as a guide for sport Clubs in the community to either become incorporated or, if already incorporated, to update their existing Constitutions. Begin, you will also develop a set of Regulations that provide more detail on of..., in this Constitution is for a General Meeting shall be determined by lot or! That would be detailed in the Nomination form may be appointed by the Board will determine what these! Not in Meeting this clause your organisation and not vice versa an unincorporated (... Vacancy or vacancies arises in the document complies with the Act resolutions not in Meeting this clause REF \r. 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