The auditor may be removed by the Board. The document is a template only and has a number of commentary boxes, indicated by a shaded box, such as this, which highlight options for sporting bodies or set out the rationale and/or explanation for the inclusion of particular clauses. All members will be subject to the regulations of the constitution and by joining. Chair to Preside The chair of the Board shall, subject to this Constitution, preside as chair at every General Meeting except: in relation to any election for which the chair is a nominee; or where a conflict of interest exists. This template gives the chair a discretionary casting vote. 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. Recognition of Club The Club is a Member of the RSO and SSO and is recognised by those bodies as the entity responsible for the delivery of the Sport in the Local area in accordance with the Objects but subject always to compliance with this Constitution and the RSO and SSO�s constitutions. 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. The requisition may consist of several documents in a like form, each signed by one (1) or more of the Members making the requisition. These procedures can be varied. The Sports Club Council will be used as a vehicle that a club can petition to review said club’s budget if the club feels that budget requests were decided upon unfairly or incorrectly. undertake and or do all such things or activities which are necessary, incidental or conducive to the advancement of these Objects. The document can easily be edited to suit any cricket club. SEAL PAGEREF _Toc384898226 \h 22 21. Voting shall be conducted in such a manner and by such a method as determined by the Board from time to time. 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. 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. Following the adoption of this Constitution, no person who has served as an elected Director for a period of four (4) consecutive full terms (eight (8) years) shall be eligible for election as an elected Director until the next annual general meeting following the date of conclusion of their last term as an elected Director. Following the development of your Constitution, you will also develop a set of Regulations that provide more detail on sections of the Constitution. Again, the quorum for a general meeting will vary. iii. All changes are binding on all Members. Any Club documents, records or other property in the possession, custody or control of that Member shall be returned to the Club immediately. This template provides a constitution for a cricket club. AUDITOR PAGEREF _Toc384898236 \h 28 31. It should, at least, be more than half of the Directors in office. The document complies with the Associations Incorporation Act 2009 (NSW) (�Act�). Directors elected under clause REF _Ref167520713 \r \h \* MERGEFORMAT 15 shall be elected for a term of two (2) years. This is a constitution or set of rules to regulate your management of any straight forward club or association or other organisation. Club constitution and rules templates Within our range of club constitution and rules templates there should be one that can easily be adapted to suit your club or association, whether you are a sports club with property and a members' bar, or an environmental campaign group that uses whatever resources are available when needed. Having a constitution should help to clarify how club procedures work. This allows people 12 days to nominate. When the Club receives a notice given under clause REF _Ref159726197 \r \h \* MERGEFORMAT 9.1 REF _Ref167520534 \r \h \* MERGEFORMAT (a), it must make an entry in the Register that records the date on which the Member ceased to be a Member. Work in Progress Simple Sports 2 E 12,781 players, 59,345 plays 1 playing now, 108 most ever online 4. the sports club setting, which is the focus of the Health Promoting Sports Club (HPSC) initiative15. It may vary where Members have different rights or, for example, where a Member is not financial. 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. GRIEVANCE PROCEDURE � PAGEREF _Toc384898234 \h 26 29. The Act divides large ("Tier 1") and small ("Tier 2") associations and requires Tier 1 organisations to conduct an audit. � !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. Chair The Board shall appoint a chair from among its number. Proxy voting has not been provided for in this template. ARTICLE I Name The name of this Club shall be [New Student Club … 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. IIµ¹z7ýà&©F7èÿ„…ßN»ïk“möz%›Jý@u Regulations means any rules, by-laws or regulations made by the Board under clause 35. 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. The notice of the meeting is to be sent out 21 days in advance (see clause 23(c)), allowing Members 3 weeks to consider the motions and nominees. CRICOS Provider No. • Provide duty of care and protection to all Club members • Make sure all Club members are treated equitably. Where voting is equal, the chair may exercise a casting vote. EXISTING DIRECTORS PAGEREF _Toc384898218 \h 15 13. ANNUAL GENERAL MEETING PAGEREF _Toc384898227 \h 22 22. While that still applies, in a sport setting we are more used to calling them Clubs. REGISTER OF MEMBERS � PAGEREF _Toc384898213 \h 11 8. NSW Fair Trading has prepared a Model constitution, which covers the matters required by Schedule 1 of the Associations Incorporation Act 2009 (the Act). They do not need to be Members. POWERS OF THE Club PAGEREF _Toc384898210 \h 9 5. NOTICES OF MOTION Members entitled to vote may submit notices of motion for inclusion as special business at a general meeting. 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. Every use of the Seal shall be recorded in the Club�s minute book. These are marked by �. Special Resolution means a Special Resolution defined in the Act. Your regional and/or state association may have information that will assist you in developing this. 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. SEAL The Club may have a Seal upon which its corporate name shall appear in legible characters. ������������xskd`dYUYdQd`dYdYd h�g� hi� h�[ hkg ho h�[ h]wG hqe� h�0 �* hqe� �* !hqe� 5�B*\�^J nH ph33� tH hX� hqe� 5�mH nH u h�V# 5�mH nH u +hqe� hqe� 5�B* CJ. Instead, the assets or property shall be given or transferred to another organisation(s) that has objects similar to those of the Club. 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. 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. 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. RSO means the Regional Sporting Organisation being [INSERT NAME OF RSO] and which is a member of or affiliated with SSO. 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. Proxy Voting Proxy voting has not been provided for in this template. LIQUOR AND GAMING LICENSES Who Can Hold A Licence Two types of liquor licences are available to sporting organisations in New South Wales. This clause sets out how such delegations should be made and how they operate. No business other than that stated on the notice for a General Meeting shall be transacted at that meeting. 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. and generally accepted principles and/or any applicable code of conduct. The Club shall take reasonable steps to distribute such changes to Members. This template has seven elected Directors and up to two �external� appointed Directors who may be appointed by the elected Directors. The number or percentage of present and voting Members required must be realistic so that a meeting can proceed. Finally, with the increasing amount of legislation affecting sport, this structure enables organisations to enact consistent and complementary policies and strategies that address areas of common risk and that flow effectively through the organisation. An association may: adopt the Model constitution, or; adopt its own constitution. Regulations (sometimes called rules or by-laws) are more easily adjusted and have a more operational tone to them. clubs should consider Community Amateur Sports Club status (see CCPR. The Seal shall not be used without the express authorisation of the Board. All Directors shall have one (1) vote on any question. If your organisation will make a profit, that money will of course be subject to tax. No other Member shall be entitled to vote but shall, subject to this Constitution, have and be entitled to exercise those rights set out in clause REF _Ref187161593 \r \h \* MERGEFORMAT 5.1. All disclosed interests must also be disclosed to each annual General Meeting. they shall comply with and observe this Constitution and the Regulations and any determination, resolution or policy which may be made or passed by the Board or other entity with delegated authority; by submitting to this Constitution and the Regulations, they are subject to the jurisdiction of the Club, RSO, SSO and NSO; the Constitution and the Regulations are necessary and reasonable for promoting the Objects and particularly the advancement and protection of the Sport; neither membership of the Club nor this Constitution gives rise to: any proprietary right of Members in, to or over the Club or its property or assets; any automatic right of a Member to renewal of their membership of the Club; subject to the Act and the Club acting in good faith, the right of Members to natural justice, unless expressly provided for in this Constitution; they are entitled to all benefits, advantages, privileges and services of Club membership; and a right, privilege or obligation of a person by reason of their membership of the Club: is not capable of being transferred or transmitted to another person; and terminates upon the cessation of membership whether by death, resignation or otherwise. If the Board can not agree it will be determined by lot. Subject to this Constitution, it may adjourn and otherwise regulate its meetings as it thinks fit. Such Regulations must be consistent with this Constitution and any policy directives of the Board. 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. ÇÔuû”q”w M¶ï;_õYdÀB ‰I…ÏäÁ˜,û‰éØ¿¦*OF5ÎÃ"Vo«‚% w³}ŠÀBí:Þ4Ô¡V 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. Any recreation and sport organisation that has Junior Members therefore is subject to provisions of the CYP Act. A resolution in writing that has been signed or assented to by any form of visible or other electronic communication by all the Directors for the time being present in Australia shall be as valid and effectual as if it had been passed at a meeting of Directors duly convened and held. No reasons for rejection need be given. The Private Members’ Club - Short Form Constitution or the Private Members’ Club - Long Form Constitution may be used or adapted for any type of sports and/or social or other club which is not intended to be and would not qualify as a Community Amateur Sports Club (“CASC”), or would not be a charity or a company. 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. 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. STATUS AND COMPLIANCE OF CLUB PAGEREF _Toc384898242 \h 30 37. Sections where you need to insert specific information are marked [SPORT] and highlighted in red. 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. 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. Voting Procedure At any meeting a resolution put to the vote of the meeting shall be decided on a show of hands unless a poll is (before or on the declaration of the result of the show of hands) demanded by: the chair; or a simple majority of the Members. 11. Constitution means this Constitution of the Club. ALTERATION OF CONSTITUTION The Club may insert additional requirements in regard to making and approving changes to this Constitution. Sports Association Sub-Group Constitution. It should be emphasised that this Sample Constitution is not intended for a Club which owns significant assets or 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. Members acknowledge and agree that membership renewal is not automatic. Board means the body managing the Club and consisting of the Directors. Article I - NAME The name of this golf club shall be _____ Golf Club. Requisition of Special General Meetings The secretary will convene a special General Meeting when at least five per cent (5%) of Members entitled to vote submit a requisition in writing. 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. Nominees for elected Director positions must declare any position they hold in the NSO, SSO or RSO. The Objects below are expressed to apply to a club level organisation. The document seeks to capture as �Members of the Club� all individual persons who are Members of the Club, and assumes that this Club would normally be the Member of a regional association or the state association. A properly qualified auditor or auditors shall be appointed by the Club in General Meeting. If it is determined to allocate portfolios or titles to Directors, it is considered that the discretion simply be retained in the Board so as to maintain flexibility and not require Constitutional change if a portfolio is no longer required. Board to Formulate Regulations The Board may formulate, issue, adopt, interpret and amend Regulations for the proper advancement, management and administration of the Club, the advancement of the Objects and the Sport in the Local Area. 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. It is advisable to cross-reference these two sections. The principles recommend that a Board meet no less than six times per year and as often as monthly. Members acknowledge and agree that: this Constitution forms a contract between each of them and the Club and that they are bound by this Constitution and the Regulations. In sport, these are common. The Club shall indemnify its Directors and employees against all damages and losses (including legal costs) for which any such Director or employee may be or become liable to any third party in consequence of any act or omission, except wilful misconduct: in the case of a Director, performed or made while acting on behalf of and with the authority, express or implied, of the Club; or in the case of an employee, performed or made in the course of, and within the scope of, their employment by the Club. Typically, the constitution will set out: Details of your Club Privacy Policy and Procedures for handling and securing personal details of Members can be outlined in the Club Regulations. 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. Should you choose to allow proxy voting we recommend that you adopt the following clause as 23(c)(iii): �forms of authority in blank for proxy votes� and the word �and� should be moved to after the word �vote� in clause 23(c)(ii) See also 27.3. BUSINESS The business to be transacted at the annual General Meeting includes the consideration of accounts and the reports of the Board and auditors, the election of Directors under this Constitution and subject to the requirements of the Act, the appointment of the auditors. 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. If the club wishes to become incorporated or apply for tax-exempt status, a constitution is required. There is no right to natural justice or any right of appeal where the Board exercises its power under this clause 11(b). Election and Appointment of Directors � The process for electing and appointing Directors is not entrenched in the Constitution. Further, as the Public Officer has numerous responsibilities, it is important that they are a Director and therefore owe a duty to act in the best interests of the Club. Achieving good health is a desirable goal of sports clubs members and society as a whole, regardless of the reasons an individual engages in sports. COBRA SPORTS CLUB, INC. Constitution. Membership shall be deemed to commence upon acceptance of the application by the Board. 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. Clause 6.2 applies to re-applications for membership. A resolution of the annual General Meeting to confer life membership (subject to clause REF _Ref159726027 \r \h \* MERGEFORMAT 5.2(c)) on the recommendation of the Board must be a Special Resolution. 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. Note that this section is linked to clause 27 (Voting at General Meetings) as it defines voting rights at meetings of each membership category. EFFECT OF MEMBERSHIP PAGEREF _Toc384898214 \h 12 9. For an association to qualify as a Tier 1 association the prescribed amount:(a) in relation to gross annual receipts is $250,000; and (b) in relation to current assets is $500,000. Sample Student Club Constitution PREAMBLE We, the members of [New Student Club], to fully realize our purpose, do hereby adopt and establish this constitution as the guiding instrument of our Club. If the number of nominations exceeds the number of vacancies to be filled, voting papers shall be prepared containing the names of the candidates in alphabetical order for each vacancy on the Board. 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. Seal means the common Seal of the Club (if any). SUBSCRIPTIONS AND FEES � The fees of the Club are the sole province of the Board NOT the membership. 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. By applying an applicant acknowledges and agrees that they voluntarily agree to be bound by the rules, regulations and policies of the Club (as well as those of the RSO, SSO and NSO) including but not only this Constitution. 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. There will be a… NOTICE OF GENERAL MEETING Notice of every General Meeting shall be given to every Life Member and Individual Member entitled to receive notice. 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. The Objects of the Club are to: conduct, encourage, promote, advance and administer the Sport throughout the Local area; act, at all times, on behalf of and in the interest of the Members and the Sport in the Local area; affiliate and otherwise liaise with the RSO, SSO and/or NSO of which the Club is a Member and adopt their rule and policy frameworks to further these Objects; abide by, promulgate, enforce and secure uniformity in the application of the rules of the Sport as may be determined from time to time by NSO and as may be necessary for the management and control of the Sport and related activities in New South Wales; advance the operations and activities of the Club throughout the local area; have regard to the public interest in its operations; and Generally, rules made in the �public interest� are less susceptible to challenge; therefore, this object reminds Club Members of the moral obligation to be mindful of the community when operating the Club. (Hereinafter referred to as the Club) and it shall seek affiliation to and be bound by the rules of the [ ] Association. Records Kept in Accordance with the Act Proper accounting and other records of the Club including books, minutes, documents and securities shall be kept in accordance with the Act and otherwise shall be kept in the care and control of the secretary. The Board�s role includes determining the Club�s strategic direction, core values and ethical framework, as well as key objectives and performance measures. 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. For further information go the Office of the Australian Information Commissioner website at www.oaic.gov.au 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). successful you will probably need to re-visit the constitution and policies and update them to reflect your changing circumstances. There is another big reason for the need of a club constitution. Finance and Accounts • All Club monies will be banked in an account held in the name of the Club. Local area means the geographical area for which the Club is responsible as recognised by the RSO and/or SSO for the Sport of which the Club is a Member. 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. NAME OF CLUB PAGEREF _Toc384898207 \h 6 2. 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. Accounts to be available to Members The secretary shall ensure all persons entitled to receive notice of General Meetings under this Constitution, receive or have access to a copy of the statements of account, the Board�s report, the auditor�s report and every other document required under the Act (if any). The number or percentage of Members who can requisition a special general meeting can be varied. 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. 1 NAME The Club shall be called ………………………………………………………………………………………. It shall produce these as appropriate at each Board or General Meeting. These terms, despite their cultural weight, are not of any Constitutional relevance. POWERS OF THE BOARD PAGEREF _Toc384898219 \h 15 14. 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. Where a notice is sent by post, service of the notice shall be deemed to be effected by properly addressing, prepaying and posting the notice. DISCLAIMER:THE INFORMATION PROVIDED IN THIS CONSTITUTION IS FOR YOUR INFORMATION ONLY. 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. 1) Definition of terms a) ‘Sports Association’ (SA) refers to the sub-group of The University of Bath Students’ Union (BUSU), its Executive Committee and its Officers, and all affiliated groups. 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. 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. Presence is required to constitute a quorum for a General meeting PAGEREF _Toc384898229 \h 23 24. business PAGEREF \h! Your Sports Club status ( see CCPR vote on any question used this! 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