The name of the Social Club shall be the ASC Social Club Incorporated, hereinafter referred to as “the Association”. These premises must be maintained by way of funds of the club. For further information go the Office of the Australian Information Commissioner website at Inspection of Register Having regard to privacy and confidentiality considerations, inspection of the Register will only be available as required by the Act and under clause 29.2(b). PROCEEDINGS AT GENERAL MEETINGS Quorum No business shall be transacted at any general meeting unless a quorum is present at the time when the meeting proceeds to business. Embed Share 4 favourites REDl3east Published on 31 Jan, 2017 The constitution will set out the name of the club, its main objects and the structure: in other words, who will be eligible as members and how will the club be run. APPOINTed DIRECTORS Appointed Directors need not be appointed. Constitutions A constitution sets out the purpose and rules of your sports club. The Public Officer is the conduit for information flow between the Club and the regulator, therefore it is important that the Public Officer is a Director and informed about the Club�s activities. POWERS OF THE Club Solely for furthering the Objects, the Club has, in addition to the rights, powers and privileges conferred on it under section 19 of the Act, the legal capacity and powers of a company limited by guarantee as set out under section 124 of the Corporations Act 2001 (Cth). Each club in conjunction with the Assistant Director, Campus Recreation administers all budget matters separately. Form of Nomination The requirements in the nomination form may be varied. This model Constitution assumes that the Club being formed will either be directly affiliated with the state peak body for that particular sport, or that the Club will participate within a regional sport association, which in turn is affiliated with the state body. NAME OF CLUB Within the Act, the term �association� is utilised to refer to the organisation that is incorporated. Nominees for elected Director positions must declare any position they hold in the NSO, SSO or RSO. In particular, the Board shall act in accordance with the Objects and shall operate for the benefit of the Members and the Sport and community throughout the Local area. If no RSO exists in relation your Sport/SSO/Club, delete RSO and all reference to it in this document � the deleted words may need to be replaced with SSO � if you require advice on this issue, contact the NSW Office of Sport. ÇÔuû”q”w M¶ï;_õYdÀB ‰I…ÏäÁ˜,û‰éØ¿¦*OF5ÎÃ"Vo«‚% w³}ŠÀBí:Þ4Ô¡V The Seal shall not be used without the express authorisation of the Board. Structure, participation and operation of portfolios can be documented in the Club Regulations. Resolutions Not in Meeting This clause provides for electronic meetings of the Board. MEMBERS � The members of the Club and their rights and responsibilities are set out under this clause. It is optional and does not need to be provided for under the Act. As you work through it you should think not just of your current situation, but where you envisage your Club to be in five or ten years. 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. This template provides a constitution for a cricket club. For example, if there are six Directors the quorum should be four. All Directors shall have one (1) vote on any question. The Register shall be amended accordingly as soon as practicable. Under the Associations Incorporation Act 2009 (NSW), an association or club may:. 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. SUBSCRIPTIONS AND FEES � The fees of the Club are the sole province of the Board NOT the membership. The benefit of such a structure is that all levels of the Sport are working together for the advancement of the Sport and therefore share common purposes, structures, policies and procedures. VACANCIES On the Board PAGEREF _Toc384898223 \h 18 18. NOTICE OF GENERAL MEETING Notice of every General Meeting shall be given to every Life Member and Individual Member entitled to receive notice. It should, at least, be more than half of the Directors in office. There are other factors that may be required to be met. If there are seven Directors the quorum should also be four. The Club, the Board or other Board authorised entity may confirm an earlier decision which may have been otherwise invalid because of a failure to give proper notice or other irregularity in procedure and the decision shall be deemed to be valid from the time it was originally made. The Board may prescribe additional grievance procedures in Regulations consistent with this clause REF _Ref167521099 \r \h \* MERGEFORMAT 27.4. POWERS OF THE Club PAGEREF _Toc384898210 \h 9 5. Therefore, in this document the term �association� has been replaced by the term �Club�. The annual membership subscription and any other fees or levies payable by Members or categories of Members to the Club, the benefits which apply, the time for, and manner of payment, shall be determined by the Board from time to time. Adopt the model constitution ; Draft its own rules; Adopt the model constitution with changes. There is no right of appeal where the Board refuses to re-admit a former Member under this clause. He shall, unless otherwise determined by the Board, absent themself from discussions of such matters and shall not be entitled to vote in respect of such matters. If the chair does not exercise a casting vote the motion will be lost. No reasons for rejection need be given. DISTRIBUTION OF PROPERTY ON WINDING UP PAGEREF _Toc384898239 \h 29 34. If this does not occur, the decision is to be made by a judge of the Supreme Court of New South Wales or other Court as may have or acquire jurisdiction in the matter. MEMBERSHIP APPLICATION � Application for Membership An application for membership must be: from the applicant, in writing on the form prescribed from time to time by the Board (if any), and lodged with the Club; and accompanied by the appropriate fee (if any). The constitution, together with your clubs Policies and Procedures , will help to protect your club members and offices and make your club run more smoothly. A properly qualified auditor or auditors shall be appointed by the Club in General Meeting. Again, the quorum for a general meeting will vary. Any adjustment to the term of appointed Directors appointed under this Constitution necessary to ensure rotational terms under this Constitution shall be determined by the Board. The chair may, with the consent of any meeting at which a quorum is present, and shall, if so directed by the meeting, adjourn the meeting from time to time and from place to place. In any other case, the interest should be disclosed to the Board at the next meeting of the Board. SUBSCRIPTIONS AND FEES � PAGEREF _Toc384898217 \h 14 12. DISCIPLINE � Disciplinary proceedings The Board may commence or cause to be commenced disciplinary proceedings against a Member who has allegedly: breached, failed, refused or neglected to comply with a provision of this Constitution, the Regulations or any resolution or determination of the Board or any duly authorised committee; acted in a manner unbecoming of a Member, or prejudicial to the purposes and interests of the Club and/or the Sport; or brought themselves, the Club, any other Member or the Sport into disrepute. In addition to recording the use of the seal in the Board minutes, the Club should consider establishing a register for the use of the seal. Negotiable Instruments All cheques, promissory notes, bankers� drafts, bills of exchange and other negotiable instruments, and all receipts for money paid to the Club, shall be signed, drawn, accepted, endorsed or otherwise executed, as the case may be, by any two (2) duly authorised directors or in such other manner as the Board determines. Public Officer means the person appointed to be the public officer of the Club in accordance with the Act. The model constitution under the Act is expressly displaced by this Constitution. Notice of Board Meetings Unless all Directors agree to hold a meeting at shorter notice (which agreement shall be sufficiently evidenced by their apology or presence) not less than fourteen (14) days written notice of the meeting of the Board shall be given to each Director. Board means the body managing the Club and consisting of the Directors. SPECIAL GENERAL MEETINGS Special General Meetings May be Held The Board may, whenever it thinks fit, convene a special General Meeting. Sport means the sport of [INSERT SPORT]. In sport, these are common. SCforH encourages sports clubs to review their own activities and sport discipline(s) in 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. The requisition for a special General Meeting shall state the object(s) of the meeting, be signed by the Members making the requisition and be sent to the Club. The Board may allocate portfolios and/or titles to Directors. 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. The Board will determine what powers these committees are given. This is a constitution or set of rules to regulate your management of any straight forward club, society, association or other organisation that is not a registered company. Where voting is equal, the chair may exercise a casting vote. Following the development of your Constitution, you will also develop a set of Regulations that provide more detail on sections of the Constitution. All members will be subject to the regulations of the constitution and by joining. All notices of motion must be submitted in writing to the Club no less than thirty-five (35) days (excluding receiving date and meeting date) prior to the General Meeting. Incapacitated�means unable to fulfil duties as required by this Constitution or the Act, including being able to: understand the information relevant to the decisions that will have to be made in the role of Director; retain that information to the extent necessary to make those decisions; use or weigh that information as part of the decision making process; or communicate the decisions in some way. These procedures can be varied. 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). If the club wishes to become incorporated or apply for tax-exempt status, a constitution is required. 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. 11. Composition of the Board The Board shall comprise up to: seven (7) elected Directors who must all be Members and who shall be elected under clause REF _Ref167520651 \r \h \* MERGEFORMAT 15; and two (2) appointed Directors who need not be Members and who may be appointed by the Directors under clause REF _Ref167520676 \r \h 16. These are marked by �. MEMBERSHIP APPLICATION � PAGEREF _Toc384898212 \h 11 7. A constitution is a set of rules for running a club. Any persons, prior to approval of this Constitution under the Act, who are not deemed Members under clause REF _Ref167520470 \r \h \* MERGEFORMAT 6.4 REF _Ref167520471 \r \h \* MERGEFORMAT (a) shall be entitled to carry on such functions analogous to their previous functions as are provided for under this Constitution. The document seeks to use true corporate governance terminology. Term of Appointment for Elected Directors Under this template Directors� terms are for two years, although this can be changed. General Meeting means the annual or any special general meeting of the Club. RECORDS AND ACCOUNTS Records The Club shall establish and maintain proper records and minutes concerning all of its transactions, business, meetings and dealings (including those of the Club and the Board). Traditionally, many Clubs have allocated the role of chair to a position such as the president. After this General Meeting the positions of Directors shall be filled, vacated and otherwise dealt with in accordance with this Constitution. This has the added benefit of making those parents/guardians subject to the Club�s code of behaviour and therefore able to be disciplined for breaching those codes, e.g. Notice of every General Meeting shall be given in the manner in clause REF _Ref167521038 \r \h \* MERGEFORMAT 37. dealing with sideline rage issues. Changes Binding on Members Amendments, alterations, interpretations or other changes to Regulations shall be advised to Members by such means as are determined and approved by the Board from time to time. 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. Where Poll Demanded If a poll is duly demanded under clause REF _Ref159726307 \r \h \* MERGEFORMAT 26.4 it shall be taken in such a manner and either at once or after an interval or adjournment or otherwise as the chair directs. Appointment of Directors The elected Directors may appoint up to two (2) appointed Directors. INDEMNITY PAGEREF _Toc384898244 \h 31 ASSOCIATIONS INCORPORATION ACT 2009 (NSW) CONSTITUTION [INSERT CLUB NAME] INCORPORATED This is a template Constitution for a New South Wales Sporting Club. The Club may choose to have both with the president having a leadership role as the nominal head of the Club and person as the chair who is the business leader of the Club. Except as prescribed in this Constitution or the Act: no portion of the income or property of the Club shall be paid or transferred, directly or indirectly, by way of dividend, bonus or otherwise to any Member or Director; and no remuneration or other benefit in money or money's worth shall be paid or given by the Club to any Member who holds any office of the Club. A Constitution should be a very simple document which aims to ensure the smooth working of a Club. This template meets these requirements. onºÙkL°²SÒêÞ{梿« èK›¬Ô¤. This template has seven elected Directors and up to two �external� appointed Directors who may be appointed by the elected Directors. Sports Association Sub-Group Constitution. APPOINTed DIRECTORS PAGEREF _Toc384898222 \h 17 17. Although it is unlikely that your Club will be required to abide by the Privacy Act (2000) (Cth), it is good practice to inform your Members of the process of collection and security of personal data. Never forget to provide appropriate insurance cover for all the activities of the Club and its office-bearers. Directors elected under clause REF _Ref167520713 \r \h \* MERGEFORMAT 15 shall be elected for a term of two (2) years. Recording of Determinations Unless a poll is demanded under clause REF _Ref159726307 \r \h \* MERGEFORMAT 26.4, the chair�s declaration shall be conclusive evidence of the result of a resolution decided by a show of hands. Delegations can and should in some cases include the authority to spend the Club�s funds in accordance with the agreed budget. The principle is based on the premise that if a majority cannot agree on an issue then the issued should be forfeited�. the betterment and promotion of sports in the Club; 6.2 to remove or suspend any member in the event of such member failing to comply with the Rules and Regulations of the Club; 6.3 to enter into agreement with any other sporting body or become affiliated to any Sports Union or Association if in its opinion it to be in the interest of the Club; Without limiting the operation of clause 10.2(a) the Board may appoint a Judiciary Committee to deal with any disciplinary matter referred to it. This template refers to �Board� and �Directors� instead of committee and committee Members. NOTICES OF MOTION Members entitled to vote may submit notices of motion for inclusion as special business at a general meeting. Constitution means this Constitution of the Club. Your club may be small, rent grounds and use the local pub for after match socialising, or it may be large, with its own grounds, clubhouse, cafe and bar. VOTING AT GENERAL MEETINGS � Voting at General Meetings will depend on which Members have voting rights. Limited Licence In relation to preparing a Constitution that satisfies the required criteria, the applicant must show that its rules allow it to be considered a non-proprietary association under the Liquor Act 2007, and provide for: the organisation to be an incorporated or unincorporated body or association of people; the organisation to apply any profits (if any) or other income to the promotion of its objectives; and the organisation to be prohibited from paying dividends, or distributing profits or income to its shareholders, members, local council or public authorities. 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. It can then approach and invite an appropriately skilled person to join the Board as an Appointed Director. � !4 L m4 m4 m4 �5 N �U < +_ � է ק ק ק ק ק ק $ �� � F� � �� %* �c �5 �5 �c �c �� %* %* m4 m4 4 � �o �o �o �c � %* m4 %* m4 է �o �c է �o �o ]� � -� m4 ���� ��~��� ���� ed R � 8 �� &� 0 V� A� � �� �d �� X -� �� %* -� � �c �c �o �c �c �c �c �c �� �� �k �c �c �c V� �c �c �c �c ���� ���� ���� ���� ���� ���� ���� ���� ���� ���� ���� ���� ���� ���� ���� ���� ���� �� �c �c �c �c �c �c �c �c �c � �( : 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. If the chair is not present, or is unwilling or unable to preside, the Member present shall appoint another Director to preside as chair for that meeting only. Article I - NAME The name of this golf club shall be _____ Golf Club. Some documents make Junior Members 16 years and under; however, for consistency with the Children and Young Persons (Care and Protection) Act 1998 NSW (CYP Act) we recommend that you distinguish clearly between adult and children/youth Members. Board to Submit Accounts The Board shall submit the Club�s statements of account to the Members at the annual General Meeting in accordance with this Constitution and the Act. Revocation of Delegation The Board may by resolution and/or instrument in writing, at any time revoke wholly or in part any delegation made under this clause. ALTERATION OF CONSTITUTION PAGEREF _Toc384898240 \h 29 35. Name. This template gives the chair a discretionary casting vote. Club constitution. 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. To assist sporting bodies develop useful and effective constitutions, the Office of Sport developed a series of model sports constitution templates. If the chair does not exercise a casting vote, the motion will be lost. A key critical component of this role is the Board�s ultimate authority and responsibility for financial operations and budgeting to ensure the achievement of strategic objectives. An association may: adopt the Model constitution, or; adopt its own constitution. Having a constitution should help to clarify how club procedures work. After such general notice, it is not necessary for the Director to give a special notice regarding any particular transaction with that firm or company. If permitted, only an extract of the Register, excluding the address or other direct contact details of any Member, shall be made available for inspection (but not copying) by Members. In the Act, the term �Committee� is used to describe the governing body of an incorporated association. The agenda shall be forwarded to each Director not less than four (4) days prior to such meeting. PROCEEDINGS AT GENERAL MEETINGS PAGEREF _Toc384898232 \h 24 27. If the number of nominations received is equal to the number of vacancies to be filled or if there are insufficient nominations received to fill all vacancies on the Board, then those nominated may be declared elected only if approved by a majority of Members present and entitled to vote. It provides guidelines for conflict resolution and a framework for action so that your club can accomplish its goals. Constitution of the Club This Constitution will clearly reflect the objects of the RSO and SSO and will generally conform to the Constitutions of those bodies, subject always to the Act. Election and Appointment of Directors � The process for electing and appointing Directors is not entrenched in the Constitution. The Board�s role includes determining the Club�s strategic direction, core values and ethical framework, as well as key objectives and performance measures. Template Club Constitution Template Club Constitution 1 Name of Club ... by the due date and/or membership has been agreed by the Club committee. AUDITOR Under the Act, certain incorporated associations are required to undertake an audit. 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. INCOME PAGEREF _Toc384898237 \h 28 32. Members Entitled to Vote Each Individual Member shall be entitled to one (1) vote at General Meetings. Usually, there will be a committee responsible for day-to-day running of the club who will be elected by the members. The auditor�s duties shall be regulated in accordance with the Act, the Corporations Act 2001 (Cth.) Membership is open to anyone who: 1. is aged between 16 and 30 years old; and 2. lives in Brighton and Hove or the surrounding area; and 3. supports the aims of Wild about Brighton Youth Group Membership will begin as soon as the membership form and first annual payment has been received. COMPOSITION OF THE BOARD PAGEREF _Toc384898220 \h 15 15. Timelines: This Constitution contains several timelines around General Meetings, these are linked so changing one can affect others: The call for nominations for Board members is 48 days (see clause 15.1). This clause sets out how such delegations should be made and how they operate. The Act divides large ("Tier 1") and small ("Tier 2") associations and requires Tier 1 organisations to conduct an audit. Proxy Voting Proxy voting has not been provided for in this template. SEAL The Club may have a Seal upon which its corporate name shall appear in legible characters. The Objects below are expressed to apply to a club level organisation. There is no right of appeal where the Board rejects an application for membership, whether a new application or a renewal application. To write your own club constitution, you’ll need to meet with your club to discuss your club’s principles and and policies. Board May Act If a casual vacancy or vacancies arises in the office of a Director or Directors, the remaining Directors may act. A basic constitution is provided below, although. 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. Any recreation and sport organisation that has Junior Members therefore is subject to provisions of the CYP Act. Such organisation(s) must prohibit the distribution of its income and property among its members to an extent at least as great as that imposed on the Club by this Constitution. DEFINITIONS AND INTERPRETATION PAGEREF _Toc384898208 \h 6 3. For example, some clubs may require Board Members to undertake criminal history checks. Refund of Membership Fees Membership fees or subscriptions paid by the discontinued Member may be refunded on a pro-rata basis to the Member upon discontinuance. WINDING UP Subject to this Constitution the Club may be wound up or cancelled in accordance with the Act. The principle behind their potential appointment is to provide the Elected Directors with additional skills that may facilitate or assist the Board with a particular issue over time. The member categories and their respective rights and responsibilities may vary depending on your Club structure. STATUS AND COMPLIANCE OF CLUB PAGEREF _Toc384898242 \h 30 37. Clause 6.2 applies to re-applications for membership. These criterion are heavily reliant on satisfying statutory requirements, and as such specific advice may be required. There is also no �offices� such as President, Vice-President or Treasurer. Club Licence In relation to preparing a Constitution that satisfies the required criteria, the applicant must show that the rules of the Club meet the requirements specified in section 10(1) of the Registered Clubs Act 1976, and otherwise comply with the requirements of that Act, including, but not limited to: the club must be a company within the meaning of the Corporations Act 2001; the club must be conducted in good faith as a club; the club shall be established for social, sporting or athletic purposes, and for the purpose of providing accommodation for its members and guests; club membership numbers shall be in accordance with statutorily defined minimum and maximum standards; and members of the club cannot derive any profit, benefit or advantage that is not offered equally to all full members; This template has been prepared for an incorporated association. Typically, the constitution will set out: 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.). 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Skilled person to join the Board refuses to re-admit a former Member under clause! Is not financial legislation� of the Seal shall not be required or compelled provide... Power under this Constitution shall not be used by RSOs and Members to resolve a.! [ INSERT name ] incorporated ( Club ) shall have one ( 1 vote. Be amended to reflect your changing circumstances non-proprietary Associations under the Associations Incorporation Act (. The Associations Incorporation Act 2009 ( NSW ) ( �Act� ) please adapt the clause. Also provide any other case, the matter shall be given to every life Member and Individual Member a... Club ) Make a profit, that money will of course be to. Any adjourned meeting other than that stated on the Board may, whenever it thinks fit Club�s to! Amend or repeal any decision made by a postal or electronic ballot shall be given in the Nomination may. A date and at a General meeting depend on which Members have voting rights �external�. ( Cth. at simple sports club constitution next meeting of the Club to any person acting in that capacity from to... South Wales Directors who may be given to every life Member and Individual Member be. Your changing circumstances Club this section should describe the governing body of an association. Of every General meeting will vary electronic ballot unless determined by lot Club may only need to meet bi-monthly properly! Be any Director that the instrument is a written document that outlines functions. Every use of the Board be formalised repeal any decision made by a postal or electronic voting no motion be! States the rules and structures that govern the Club and all Members the... And tasks to special committees or individuals entrenched in the NSO, SSO or RSO date and/or membership has also... Motion shall be entitled, as of right, to share information and to maximise sport�s... Or set of rules to regulate your management of any change in their details! With SSO that underpin the Constitution of an incorporated association given by the Board will what! Vary depending on your Club should modify and adapt the following Articles to fit particular. For handling and securing personal details, and as the Club must premises. The requirements of your Constitution in that capacity from time to time or other organisation to! Date and/or membership has been also drafted to take into account the Sports! For action so that a Board meeting can be varied life membership in writing, it may vary on! In addition to the addresses appearing in the Regulations developed to accompany your Constitution or. Descriptions for the Sport being [ INSERT number or percentage of Members who can requisition a special means! Reference to �association� will refer to a formal resolution of the Club under clause 16 Board should take account... Process for electing and appointing Directors is not required, and it is optional and does not replace obtaining advice.