The accompanying Guidance Notes are on the right-hand pages It does not, however, apply to any appeal by a Member against a decision made in accordance with the disciplinary proceedings described in clause 10. SEAL PAGEREF _Toc384898226 \h 22 21. Members shall provide notice of any change and required details to the Club within one month of such change. 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. 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. 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. Objects means the Objects of the Club in clause 3. 6. Amendment procedure in case the constitution needs to be changed in the future; Recording these points in a neatly organized document will help your members operate more efficiently and make your meetings go smoothly. RSO means the Regional Sporting Organisation being [INSERT NAME OF RSO] and which is a member of or affiliated with SSO. The aims and objectives of The Club are to promote the sport of gymnastics d) ‘Sports Association General Meeting’ is defined in Appendix II. The template has been designed specifically for sport so it is more detailed than the model rules available on the Office of Fair Trading website. All disclosed interests must also be disclosed to each annual General Meeting. Material in italics should be included. A small Club may only need to meet bi-monthly to properly conduct its business. Postal or Electronic Voting No motion shall be determined by a postal or electronic ballot unless determined by the Board. They are its reasons for existence and although this can be simply stated as ‘promotion and encouragement of the Sport” the changes in regulatory and commercial as well as sporting landscapes require a 21st century sporting body to have broad Objects. 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. All Directors shall have one (1) vote on any question. You should also check whether your Club has obligations under its affiliation with the state body that may need to be taken into consideration in the development of the Constitution (e.g. No business shall be transacted at any adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place. These may be specified in the delegation. Nominees for elected Director positions must declare any position they hold in the NSO, SSO or RSO. The number or percentage of Members who can requisition a special general meeting can be varied. Note that this section is linked to clause 27 (Voting at General Meetings) as it defines voting rights at meetings of each membership category. The notice can be: sent by pre-paid post to the Member’s registered address or; or sent by facsimile transmission or by electronic mail to the Member’s facsimile number or electronic mail address; or prominently posted on the Club’s website. Sports Club (Sample Bylaw) INSTRUCTIONS: All Charter provisions must contain the information indicated in these sample Charter provisions and in the same sequence. 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). The Board may also amend or repeal any decision made by a body or person under this clause 19. MEETINGS OF THE BOARD PAGEREF _Toc384898224 \h 19 19. NOTICES OF MOTION Members entitled to vote may submit notices of motion for inclusion as special business at a general meeting. Name of Club. MEMBERS ® The members of the Club and their rights and responsibilities are set out under this clause. At meetings of the Board the number of Directors whose presence is required to constitute a quorum is six (6). STATUS AND COMPLIANCE OF CLUB PAGEREF _Toc384898242 \h 30 37. All business that is transacted at a General Meeting and at an annual General Meeting, with the exception of those matters set down in clause REF _Ref167521048 \r \h \* MERGEFORMAT 24 REF _Ref167521049 \r \h \* MERGEFORMAT (a), shall be special business. The Register shall be amended accordingly as soon as practicable. 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. It should be held on a date and at a venue determined by the Board. 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). NAME OF CLUB . EFFECT OF MEMBERSHIP This clause reconfirms the requirements of the Act and that the Constitution is a contract between the Club and its Members. So you have decided that you want to create your bylaws, how do you begin? The requisition may consist of several documents in a like form, each signed by one (1) or more of the Members making the requisition. Name. öèöÙËÙö¸¢ö—‰xskd`dYUYdQd`dYdYd hÎg’ hiò h±[ hkg ho h±[ h]wG hqe¥ h•0 †* hqe¥ †* !hqe¥ 5�B*\�^J nH ph33™ tH hXª hqe¥ 5�mH nH u hàV# 5�mH nH u +hqe¥ hqe¥ 5�B* CJ. Nominations must be: in writing; on the prescribed form (if any) provided for that purpose; signed by two (2) Individual Members; certified by the nominee (who must be an Individual Member) expressing their willingness to accept the position for which they are nominated; and delivered to the Club not less than thirty-five (35) days before the date fixed for the annual general meeting. THE AUTHORS AND NSW OFFICE OF SPORT ACCEPT NO RESPONSIBILITY FOR THE ACCURACY OF THE INFORMATION OR YOUR RELIANCE UPON IT. The principle is based on the premise that if a majority cannot agree on an issue then the issued should be forfeited”. Clause 6.2 applies to re-applications for membership. Membership shall be deemed to commence upon acceptance of the application by the Board. To assist sporting bodies develop useful and effective constitutions, the Office of Sport developed a series of model sports constitution templates. Template 3. A special General Meeting convened by Members under this Constitution shall be convened in the same manner, or as close as possible, as those convened by the Board. Delegated Function Exercised in Accordance with Terms A function, the exercise of which has been delegated under this clause, may, while the delegation remains unrevoked, be exercised from time to time in accordance with the terms of the delegation. Discontinuance for Breach Notwithstanding anything in the Act or this Constitution: membership of the Club may be discontinued by the Board upon breach of any clause of this Constitution or the Regulations, including, but not limited to, the failure to pay any monies owed to the Club, failure to comply with the Regulations or any resolutions or determinations made or passed by the Board or any duly authorised committee; membership shall not be discontinued by the Board under clause REF _Ref159726233 \r \h \* MERGEFORMAT 9.2 REF _Ref159726234 \r \h \* MERGEFORMAT (a) without the Board first giving the accused Member the opportunity to explain the breach and/or remedy the breach; and where a Member fails, in the Board’s view to adequately explain the breach, that Member’s membership shall be discontinued under clause REF _Ref159726233 \r \h \* MERGEFORMAT 9.2 REF _Ref159726234 \r \h \* MERGEFORMAT (a) by the Board giving written notice of the discontinuance to the Member. c) ‘Club’ refers to a sports group affiliated to the SA whose purpose is outlined below. For example, the club must have premises and be the bona fide occupier of these premises for the purpose of the club. The declaration does not need to record the number of votes in favour of or against the resolution; the result of the resolution must be recorded in the Club’s book of proceedings. PROCEEDINGS AT GENERAL MEETINGS PAGEREF _Toc384898232 \h 24 27. Renewal Members (other than Life Members) must re-apply for membership annually in accordance with the timeframes and procedures set down by the Club from time to time. It can then approach and invite an appropriately skilled person to join the Board as an Appointed Director. No reasons for rejection need be given. It provides guidelines for conflict resolution and a framework for action so that your club can accomplish its goals. There are other factors that may be required to be met, for example: the granting of the licence must not result in the frequent undue disturbance of the quiet and good order of the neighbourhood of the licensed premises; and if licensing authority is of the opinion that the sale or supply of liquor under a limited licence would more appropriately be provided under another kind of licence, a limited licence will be refused Model Sporting Club Constitution Page PAGE 20 of NUMPAGES 33 Model Sporting Club Constitution Page PAGE 1 of NUMPAGES 33 Should the Club be large enough to engage an Executive Officer, the duties of the Executive Officer would be set out here as a new clause and also in any employment contract they may have with the Association. Where the Board accepts an application, the applicant shall become a Member. 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. This template gives the chair a discretionary casting vote. The appointed Directors may be appointed under clause 16. The reason for this is that an incorporated association is still a corporation and its governors (whatever their title) owe duties to the Members and the Association. VACANCIES On the Board PAGEREF _Toc384898223 \h 18 18. If the Board so determines, the postal or electronic ballot shall be conducted under procedures determined by the Board from time to time. In exercising its power under this clause, the Board should take into account broad stakeholder involvement. It is optional and does not need to be provided for under the Act. Where a notice is sent by electronic mail or by posting on the Club’s website, service of the notice shall be deemed to be effected the next business day after it was sent or posted. Each club should carefully consider the most appropriate constitution for its. dealing with sideline rage issues. 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. It is recommended that the Club considers the introduction of a staggered rotation system for Board Members, with half of the Directors’ positions becoming vacant each year as suggested in this clause. As you work through the process of developing or updating your Club’s Constitution, you should refer to the Sport Australia (SA) formerly the Australian Sports Commission’s (ASC) Sports Governance Principles. Within this template there will be references to sections that would be detailed in the Regulations developed to accompany your Constitution. The constitution of an incorporated body is a legal document that can usually only be changed by a specifically convened general meeting, and in some cases at the Annual General Meeting (AGM). MEETINGS OF THE BOARD These clauses of the template have been drafted so that they comply with the law, but also to provide the Board maximum flexibility in terms of how it meets the ASC Sports Governance Principles. Do your research. Life Members The Board may recommend to the annual General Meeting that any natural person who has rendered distinguished service to the Club be appointed as a Life Member. Sport means the sport of [INSERT SPORT]. NOTICE Notices may be given by the Club to any person entitled under this Constitution to receive any notice. 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.). CONSTITUTION [INSERT CLUB NAME] INCORPORATED. 1. SPECIAL GENERAL MEETINGS PAGEREF _Toc384898228 \h 23 23. COMPOSITION OF THE BOARD The numbers on the Board will vary. DELEGATIONS ® PAGEREF _Toc384898225 \h 21 20. Whilst there is no obligation for Tier 2 associations to undertake an audit, it is good corporate governance and sound risk and financial management and thus it has been included in this template. Page 1 of 2 A4 NAME The name of the club is the Athletic Club. If at the adjourned meeting a quorum is not present within half an hour from the time appointed for the meeting, the meeting will lapse. ... any Club team unless the applicable subscription has been paid by the due date and/or membership has been agreed by the Club committee. If no Director is there present, the meeting shall be deemed to be held at the place where the chair of the meeting is located. Term of Appointment Appointed Directors may be appointed by the elected Directors under this Constitution for a term of two years (2), which shall commence from the first Board meeting after the annual General Meeting until after the conclusion of the second annual General Meeting that follows. There is nothing in the document which precludes such titles being attached to particular Directors’ offices. GRIEVANCE PROCEDURE ® The grievance procedure set out in this clause applies to disputes arising under this Constitution between a Member and: another Member; or the Club. Board May Act If a casual vacancy or vacancies arises in the office of a Director or Directors, the remaining Directors may act. NOTICES OF MOTION PAGEREF _Toc384898231 \h 24 26. This clause also allows that roles can be delegated to people who are not on the Board except those powers defined by clause 19.2, with such people being accountable to the Board. Upon written acceptance, the person’s details shall be entered upon the Register, and from the time of entry on the Register the person shall be a Life Member. 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. OBJECTS OF THE CLUB PAGEREF _Toc384898209 \h 9 4. Your regional and/or state association may have information that will assist you in developing this. EXISTING DIRECTORS The Members of the administrative or governing body (by whatever name called) of the Club in office immediately prior to approval of this Constitution under the Act shall continue in those positions until the next annual general meeting following such adoption of this Constitution. Adjournment of Meeting If within half an hour from the time appointed for the meeting a quorum is not present, the meeting shall be adjourned until the same day in the next week at the same time and place or to a date, time or place determined by the chair. 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. Wording for this section of the template can be obtained by contacting the NSW Office of Sport. 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