The Constitution
1. Title
1.1 The Club will be known as Bay Malton Angling Club (BMAC),
and will be affiliated to Anglings Governing Body.
1.2 The headquarters of the Club will be at such a place as the
Committee decide.
The address will be promoted on the clubs website,currently www.baymaltonanglingclub.org.uk
2. Objectives
2.1 The objective of the Club will be as follows:
i) To promote and protect the angling interests of the Club’s
members.
ii) To rent, lease, purchase or otherwise obtain and provide
fishing rights to be enjoyed equally by all members.
iii) To make all waters available to all members of the Club and
to aim to increase the facilities available for the proper pursuit of angling
for those persons whom the Club is intending to benefit.
iv) To help create and support a flourishing wildlife habitat.
v) To encourage and assist juniors to become involved in
angling.
vi) To the extent practically possible provide adequate access
to club waters for club members who experience mobility problems.
3. Membership
3.1 Membership of the Club will be open to any person completing
a membership application form and paying the relevant subscription, including
joining fees, as determined by the annual general meeting.
3.2 There will be the following membership classes:
i) Senior member (Applies to members being over 18 years on the
1st January in the relevant year of membership)
ii) Senior Citizen (A person in receipt of a state pension)
iii) Intermediate member (Applies to persons aged between 16 and
17 years of age on 1st January in the relevant year of membership)
iv) Junior member (Applies to persons aged between 8 and 15
years of age on 1st January in the relevant year of membership)
v) Honorary life member.
vi) Disabled (Applies to members in receipt of Disability
Benifit)
vii) In addition the following permits will be available (Not
available to junior members)
Night permit.
Guest permit
3.3 The membership shall elect at the AGM a Management Committee
and Officers .All club members are entitled to vote. All votes shall carry
equal weight.
3.4 The management committee reserves the right to decline any
application, if it is considered to be in the best interests of the Club
.Applicants whose applications are rejected will be given a reason for the
rejection in writing (if requested) and they will have the opportunity to
appeal.
3.5 The Committee reserves the right to set a maximum number of
club members and create a waiting list should circumstances require this
action.
4. Expulsion of Members
4.1 Members of the Club whose conduct is considered to be
inappropriate may be expelled or suspended from the Club by the management
committee.
4.2 Any member making derogatory comments, about the Club or any
other member, on any social networking site or forum will be deemed to have
brought the Club into disrepute and may be expelled or suspended by the
management committee.
4.3 Any member whose membership is terminated by the committee
may appeal in writing to the committee. The appeal will be organised and heard
by a panel of three committee members who,to the extent possible,have had
minimal involvement with the original incident or decision.
5. Officers
5.1 The officers of the Club will be Chairman, Secretary and
Treasurer.
5.2 All officers will be elected at the Annual General Meeting
by the members of the Club present at the AGM.
5.3 All officers will be elected for a period of Two years but
may be re-elected at the AGM by members vote.
5.4 No officer or committee member of any other angling society
can be elected an officer or committee member of B.M.A.C. Officers and
committee members of B.M.A.C. can be an officer or committee member of another
angling related body to which B.M.A.C. is either affiliated to or is a member
of that body.
5.5 Only members with a minimum of 2 years continuous membership
will be eligible to serve as an Officer or a member of the B.M.A.C. Management
Committee.
5.6 Any Committee member whose conduct is deemed to be
inappropriate or not to be in the interests of the Club may be suspended by a
majority vote of the committee pending further investigations.
6. Election of the Management Committee
6.1 To ensure continuity seven of the Management Committee
(excluding Officers) will retire each year after one year in office, and will
be subject to re-election.
6.2 The Committee shall be empowered to co-opt members to fill
any vacancies within the Management Committee, such appointments must then be
ratified by a members vote at the next AGM.
7. Role of the Management Committee
7.1.1 The affairs of the Club will be controlled by the
Management Committee, comprising of the officers and up to eleven other members
elected from, and by, the members of the Club.
7.1.2 The duties of the Management Committee will be:
To determine:
a) The relevant subscription and joining fee, as agreed by the
Annual General Meeting of Club members.
b) To control the affairs of the Club on behalf of the Members.
c) To co-opt additional members of the Management Committee as
the Management Committee feels necessary.
d) To make decisions on the basis of a simple majority vote,
with the Chairman having a casting vote.
7.1.3 The Management
Committee will be responsible for keeping accurate accounts of the club’s
affairs through the Treasurer. The accounts approved by the Treasurer will be
made available at the AGM. The Committee may request the Treasurer to arrange
for the accounts to be audited by an independent company of Chartered or
Certified Accountants but is free to adopt the Treasurer’s accounts without an
independent audit. In addition the Committee will arrange for an independent
audit if a minimum of 10% of the paid up membership request such an audit in a
written petition or at the AGM or an EGM. The Club will pay out of general
revenue for a maximum of one independent audit per financial year.
7.1.4 The Management Committee will be responsible for keeping
accurate accounts of the club through the Treasurer with the accounts being
subsequently audited by an independent company of Chartered or Certified
Accountants.
7.1.5 The Management Committee will make accounts available for
inspection at the AGM, The accounts will then, if deemed satisfactory, be
adopted by the members at the AGM.
7.1.6 The Club will maintain a current bank account and the
following officers will be authorised to sign cheques, a minimum of two from
the Chairman, Secretary and Treasurer. If appropriate the committee may
nominate additional signatories. The committee may adopt more restrictive
signatory practices if deemed necessary or appropriate.
7.1.7 The Management Committee will apply all profits accruing
from the Club’s activities for the benefit of the Club.
7.1.8 The Management Committee are responsible for keeping
accurate minutes of any of the Club’s meetings.
7.1.9 The Management Committee will be responsible for the
purchase of land or waters on behalf of the Club, such asset purchases will be
approved by the Trustees and legal ownership will be vested in the Trustees.
The Club will remain at all times the beneficial owner.
7.1.10 The Management Committee shall have the power to create
sub-committees who will be responsible for the supervision of particular
aspects of the club’s activities and to submit any propositions to the
Management Committee.
7.2.11 The Management Committee will be responsible for bringing
or defending any legal actions in the courts affecting the Club, such action
will be in the names of the Trustees.
7.2.12 The Management Committee and trustees will be indemnified
in respect of the costs of any such proceedings out of the assets of the Club
unless any action brought against the committee or a committee members is shown
to be the result of their misconduct or actions in breach of the law at which
point the committee or committee member concerned is individually or jointly
and severally liable at their own expense.
7.2.13 The Management Committee will be responsible for
introducing or amending any rules needed to benefit the club. Such amendments
or new rules shall have effect until the next AGM has confirmed them or
otherwise.
7.2.14 The Officers & Management Committee will meet on at
least twelve occasions in each year, and seven will be considered as having
formed a quorum.
7.2.15 The Officers & Management Committee will be required
to sign a non-disclosure agreement on commencement of their term of office.
7.2.16 All Officers,Committee members and Trustees shall declare
to the Club Chairman if they do not meet the “Fit and Proper Person” test as
applied by HMRC for the management of Charities.
8. Appointment of Trustees
8.1 The assets of the Club (including land, buildings and
waters) will be vested in at least three senior members who will be appointed
as Trustees.
8.2 The Trustees will hold office until death, resignation or
until removal from office.
8.3 A Trustee may resign from office by giving at least twenty
one days notice, or if necessary may remain in office until a suitable
replacement is found.
8.4 Nominations for new Trustees will be made by the officers
& Committee
8.5 The officers & Committee will have the power to remove
trustees from office.
9. Role of Trustees
9.1 The Trustees will hold the assets of the Club.
9.2 The Trustees will be empowered to open and operate an
account with a bank for administration of monies belonging to the Club.
9.3 To bring or defend legal proceedings on behalf of the Club.
10. Annual General Meeting
10.1 The Club will hold an AGM not later than 1st December each
year at a time, date and location to be determined by the Management Committee,
and advertised to the members at least a month beforehand.
10.2 Members must advise the Secretary in writing of any motions
by the 1st November
10.3 The Secretary will circulate or give notice of the agenda
not less than fourteen days prior to the meeting.
10.4 Admittance to the AGM will be by membership card, which
must also be shown when voting.
10.5 The business of the AGM will be:
10.5.1 To confirm the minutes of the previous AGM, and any
General Meeting held since the previous AGM, as a true and correct record.
10.5.2 To receive the audited the accounts for the year from the Treasurer
10.5.3 To receive an annual report from the Secretary.
10.5.4 To elect officers and Management Committee members due
for re-election.
10.5.5 To review the Club’s membership fees and agree them for
the forthcoming year.
10.5.6 To transact any business, including Notice of Motions as
received in 10.2
10.5.7 To approve, where necessary, any rule changes instituted
by the Management Committee since the last AGM.
10.6 Decisions made at the AGM (Or EGM) will be by simple
majority, with the Chairman having the casting vote.
11. Extra-Ordinary General Meeting
11.1 An EGM will be convened for the sole purpose to conduct any
urgent business that cannot wait until the AGM
11.2 An EGM may be convened by the Management Committee, or on
receipt by the Secretary of a request in writing, from not less than 50 adult
members of the Club.
11.3 The Secretary will convene the meeting, giving all members
notice of the venue, the reason for the meeting and giving at least 21 days
notice.
12. Financial Year
12.1 The Financial Year of the Club will be from.1st October to
the 30th September of the following year.
13. Alterations to the Constitution.
13.1 Any proposed alterations to the Club’s constitution may
only be considered at an Annual or Extra Ordinary General Meeting.
14. Dissolution
14.1 If at any General Meeting of the Club a resolution be
passed calling for the dissolution of the Club, the Secretary will immediately
convene an Extra Ordinary General Meeting of the Club, to be held not less than
one month thereafter to discuss and vote on the resolution.
14.2 If at that Extra Ordinary General Meeting, the resolution
is carried by at least two thirds of the adult members present, the Management
Committee and the Trustees shall thereupon, or at such a date as shall have
been specified in the resolution, proceed to realise the assets of the Club and
discharge all debts and liabilities of the Club.
14.3 After discharging all debts and liabilities of the Club,
the remaining assets may not be paid or distributed amongst the members of the
Club, but shall be given or transferred to some other voluntary sporting
organisation, such sport being on the list of sports approved by Sport England.
14.4 In the event of a deficiency in the assets of the Club,
then a meeting of the creditors shall be called and an agreement entered into
for the liquidation of the Club’s assets on a pro-rata basis.
14.5 The Chairman and not more than two other management
committee members shall be appointed by the management committee to act as a
liquidation committee, with full powers to act on behalf of the management
committee in the dissolution proceedings.