CONSTITUTION AND RULESNAME
1. The name of the Association is THE HUSKISSON CHAMBER OF COMMERCE
AND TOURISM INCORPORATED
OFFICE
2. The address of the office of the Association is PO Box 140, Huskisson
2540
OBJECTS
3. The objects for which the Association is established are:
a) To promote and protect the internal and external trade, commerce,
services and industries of Huskisson and surrounding regions;
b) To promote tourism in Huskisson and surrounding regions;
c) To consider all questions connected with such trade, commerce,
services, industries and tourism;
d) To promote, support or oppose legislative or other measures
affecting such trade, commerce, services, industries and tourism;
e) To promote and facilitate training and education for the benefit
of the members;
f) To promote and improve quality service and management within
the Association membership;
g) To purchase, lease or hire, or otherwise acquire, for the the
purpose of the Association any real or personal property so far
as the law may allow and from time to time to sell, demise, let,
mortgage or dispose of the same;
h) To borrow, raise money or seek sponsorship to enable the conduct
of the Association's affairs;
i) To invest and deal with the monies of the Association not immediately
required in such manner as may from time to time be determined;
j) To raise money by subscription and to grant any rights and privileges
to subscribers;
k) To engage professional assistance of any kind and to remunerate
any person for services rendered or to be rendered in or about the
formation or promotion of the Association or the conduct of its
affairs;
l) To do all such things as may be conducive to the extension of
trade, commerce, services, industries and tourism or incidental
to the attainment of the above objects.
MEMBERSHIP
4. Any person, firm or company engaged in commerce, trade, services,
industry or manufacture in Huskisson and appropriate adjoining areas
shall be eligible to make application for membership. Casual traders
are ineligible for membership.
5. Applicants for membership shall make application to the Secretary
on the form prescribed at Appendix 1. Applicants shall become members
if elected by resolution of the Committee on payment of the prescribed
subscription but the Association reserves the right to reject any
application for membership without giving any reason.
SUBSCRIPTIONS
6. The annual subscription payable by members of the Association
shall be an appropriate sum determined by the Executive Committee.
The annual subscription shall be payable in the first month of each
financial year provided that where a member joins after the first
quarter in any year the Executive Committee may reduce pro-rata
the subscription payable for the remainder of the current financial
year but in no case shall the subscription be less than one half
of the annual subscription.
7. In determining the annual subscription the Executive Committee
may prescribe differing levels of fees for members of differing
classes and sizes.
8. The Association's financial year shall be from the 1st day of
July to the 30th day of June in the next succeeding year.
LEVIES
9. The Association may by resolution of an ordinary general meeting
impose a levy (not exceeding 50 per centum of the appropriate annual
subscription in any one financial year) on members of the Association.
Notice of intention to impose such levy shall be given in writing
to all members of the Association with the Notice convening the
general meeting.
REGISTER
10. The Association shall cause to be kept a Register of its members
and herein shall be entered the following particulars:
a) The name and address and business classification of each member;
b) The date upon which the name of such member was entered in the
register;
c) The annual subscription paid by the member and the date on which
it was received;
d) The name of the representative or representatives appointed to
attend meetings and vote on behalf of a firm or company.
TERMINATION OF MEMBERSHIP
11. The Association shall have power to determine the membership
of any member whose subscription or levy shall be in arrears for
one month after same shall have become due. Any arrears of subscriptions
or levies shall remain a debt due to, and recoverable by, the Association.
The Association shall have the power to reinstate a member whose
membership has been determined in accordance with this rule on such
terms and conditions as it may think fit.
12. A member may resign at any time by letter delivered to the Secretary.
A refund of subscription shall not apply on resignation or termination
of membership.
13. If any member acts in a manner detrimental to the interests
of the Association, the membership of such firm or company may be
suspended or terminated by a resolution carried by a majority of
two-thirds of the votes recorded in respect of same at a general
or special general meeting.
14. A person, firm or company ceases to be a member of the Association
if at any time that person, firm or company fails to comply with
the rules of eligibility.
FUNDS
15. The income and property of the Association whencesoever derived
shall be applied solely towards the promotion of the objects of
the Association as set forth in the Memorandum of Association and
no portion thereof shall be paid or transferred directly or indirectly
by way of dividend bonus or otherwise whosoever to the members of
the Association. Provided that nothing herein shall prevent the
payment in good faith of remuneration to any officers or servants
or persons employed by the Association or to any member of the Association
or to any member or person for services rendered to the Association.
16. Every member of the Association undertakes to contribute to
the assets of the Association in the event of same being wound up
during the time that he is a member or within one year afterwards
for payment of the debts and liabilities of the Association contracted
before the time at which he ceases to be a member and of the costs,
charges and expenses of winding up the Association and for the adjustment
of the rights of the contributories amongst themselves such amount
as may be required not exceeding twenty-five dollars.
17. If upon the winding up or dissolution of the Association there
remains after the satisfaction of all its debts and liabilities
any property whatsoever the same shall not be paid to or distributed
among the members of the Association but shall be paid or distributed
among such institutions having objects similar to the objects of
the Association to be determined by the members of the Association
at or before the time of dissolution and in default by the Supreme
Court of New South Wales.
MANAGEMENT
18. The management of the Association shall be vested in an Executive
Committee consisting of a President, Vice-President, Treasurer and
Secretary and four members of the Association. At all meetings of
the Executive Committee five shall be a quorum. A member of the
Executive Committee shall cease to be a member of the Executive
Committee:
a) upon his ceasing to be a member of the Association;
b) upon receipt by the Secretary of a notice of resignation signed
by such a member; or
c) upon his absence from three consecutive Executive Committee meetings
unless such absence is caused by illness or is authorised by the
Executive Committee.
19. The Executive Committee shall have power to appoint sub-committees
and to appoint a Chairman of any sub-committee and to otherwise
regulate the proceedings of such sub-committee and to delegate to
any sub-committee so appointed such of their powers as they shall
think necessary. The President and Secretary shall ex-officio be
members of all sub-committees.
ELECTION OF EXECUTIVE COMMITTEE
20. The President, Vice-President, Treasurer and Members of the
Executive Committee shall be elected by a simple majority ballot
at the Annual General Meetings. The Executive Committee shall hold
office until the next Annual General Meeting when they shall retire
but shall be eligible for re-election. The Executive Committee has
the power to appoint a person to fill any casual vacancy.
TREASURER
21. The Treasurer shall keep such books of accounts as may be necessary
to constitute a true and fair record of the financial position and
operations of the Association and shall present financial statements
as and when required by the Executive Committee.
22. The Treasurer shall place before each Annual General Meeting
a balance sheet made up to the thirtieth day of June immediately
preceding the day of the meeting and a profit and loss account for
the financial year ended, both duly audited.
MEETINGS AND PROCEDURE
23. There shall be at least one general meeting of the Association
in each year at a time and place to be determined by the Executive
Committee. Fourteen clear days' notice in writing of special general
meetings shall be given to members. The Executive Committee shall
hold its meetings at intervals of no less than three calendar months.
24. The Annual General Meeting of the Association shall be held
not later than four months after the close of each financial year
to receive the Executive Committee's report and the Treasurer's
financial statement for that financial year and to deal with any
other business brought forward in conformity with the Rules of the
Association. Fourteen clear days' notice in writing of such meeting
shall be given to members.
25. The President or, in his absence, the Vice-President shall preside
at all meetings of the Association. If at any meeting neither President
nor a Vice-President be present, within fifteen minutes of the appointed
starting time, the meeting shall appoint a Chairman from among the
members present. At all meetings the business shall (unless otherwise
provided for in these Rules) be decided by the majority present
and the Chairman shall have a casting vote in addition to his deliverative
vote.
26. No item of business shall be transacted at a general meeting
unless a quorum of members entitled under these rules to vote is
present during the time the meeting is considering that item. 12
members present in person (being members entitled under these rules
to vote) constitute a quorum for the transaction of the business
of a general meeting. In matters of determination at a general meeting
a majority shall be two-thirds of the members present.
27. At a general meeting of the Association, a poll may be demanded
by the chairperson or by not less than three members present in
person or by proxy at the meeting. Where a poll is demanded at a
general meeting, the poll shall be taken:
a) immediately in the case of a poll which relates to the election
of the chairperson of the meeting or to the question of an adjournment;
or
b) in any other case, in such manner and at such time before the
close of the meeting as the chairperson directs, and the resolution
of the poll on the matter shall be deemed to be the resolution of
the meeting on that matter.
PAYMENTS AND FINANCE
28. All payments made out of the funds of the Association as hereinafter
provided shall be approved by the next succeeding general meeting
and the list of payments so approved shall be signed by the Chairman
of the meeting. Any two of the President, Vice-President, Treasurer
and Secretary jointly are empowered to operate any banking, investment
or deposit accounts of the Association and any one of them severally
is empowered to endorse cheques, bills and other negotiable instruments
payable to the Association.
BALLOTS AND APPOINTMENTS OF PROXIES
29. Voting
a) Upon any question arising at a general meeting of the Association,
a member has one vote only.
b) All votes shall be given personally or by proxy but no member
may hold more than one proxy.
c) In the case of an equality of votes on a question at a general
meeting, the chairperson of the meeting is entitled to exercise
a second or casting vote.
d) A member or proxy is not entitled to vote at any general meeting
of the Association unless all money due and payable by the member
or proxy to the Association has been paid.
30. Appointment of Proxies
a) Each member shall be entitled to appoint another member as proxy
by notice given to the secretary no later than 24 hours before the
time of the meeting in respect of which the proxy is appointed.
b) The notice appointing the proxy shall be in the form set out
in Appendix 2 to these rules.
ALTERATION OF OBJECTS AND RULES AND BYLAWS
31. The statement of objects and these rules may be altered, rescinded
or added to only by a special resolution of the Association.
COMMON SEAL
32. The common seal of the Association shall be kept in the custody
of the Public Officer.
33. The common seal shall not be affixed to any instrument except
by the authority of the Executive Committee and the affixing of
the common seal shall be attested by the signatures of any two of
the President, Vice-President, Treasurer and Secretary.
CUSTODY OF BOOKS etc.
34. Except as otherwise provided by these Rules, the Secretary shall
keep in his or her custody or under his or her control all records,
books and other documents relating to the Association.
INSPECTION OF BOOKS etc.
35. The records, books and other documents of the Association shall
be open to inspection, free of charge, by a member of the Association
at any reasonable hour.
|
