Wednesday 12th February 2014
Revised constitution – please take time to read this item
THE CHESHIRE/STAFFORDSHIRE BORDER BRIDLEWAY ASSOCIATION
1 The name of the Association is the Cheshire/Staffordshire Border Bridleway Association (“the Association”).
2 The objects of the Association are to:
- procure, enhance and protect potential and existing bridleways, byways and other ways useable by horse riders;
- procure, enhance and protect the rights of all horse riders and other bridleway users;
- promote public awareness of the need for and the existence and creation of bridleways, other ways usable by horse riders and others to the exclusion of motor vehicles;
- foster links with, support and co-operate with other persons and organizations with similar aims; and
- do all other things which seem to be incidental or conducive to the attainment of the above aims. This includes providing instruction or organizing competitions
3.1 Any person who supports the aims of the Association may apply to become a member by giving or sending to the Association Secretary a written application form signed by him or her.
3.2 Every person applying for membership shall become a Member when he or she pays the subscription for the current year.
3.3 The committee shall have the power to create honorary or other classes of membership on such terms as it thinks fit and to admit persons to and remove them from such membership.
3.4 The Secretary shall keep a register of Members and enter in it the contact details of all persons who become Members
3.5 A Member shall cease to be a Member:
- if he or she gives to the Secretary written notice of resignation of his or her membership;
- if he or she fails to pay any subscription within 1 month after the due date of payment; or
- if the member having committed some act or being guilty of behavior inconsistent with the membership of the Association, the Committee resolves by a majority of three-quarters to remove him or her from membership
4.1 The Association’s membership year is from 1 April to the 31 March and the subscription each year shall be payable in advance of every 1 April
4.2 The Annual General Meeting of the Association shall have the power to fix and vary the subscription by ordinary resolution
4.3 A person who is elected to be a Member after 1 January in any year shall not pay subscription for that year
5.1 The honorary officers of the Association shall be a Chairman, a Treasurer and a Secretary. The Annual General Meeting shall have power to create other honorary officers as it considers necessary. All of the officers must be Members of the Association.
5.2 Any officer may retire by giving one month’s prior notice to the Secretary, and all shall retire at the end of each Annual General Meeting, but shall be eligible for re-election at that meeting
6.1 The committee consists of the officers and no fewer than four other Members.
6.2 Any member of the Committee may retire by giving one month’s prior notice to the Secretary, and all shall retire at the end of each annual general meeting, but shall be eligible for re-election at that meeting.
6.3 Any casual vacancy on the Committee, or of any office including that of the Auditor arising between the Annual General Meetings may be filled by the Committee.
6.4 The Committee shall manage all the affairs of the Association and shall have the power to do everything necessary for that purpose.
6.5 The Quorum of the Committee shall be five.
6.6 Committee meetings shall be held not less than twice a year as and when needed
6.7 Not less than three day’s written or oral notice shall be given by the Secretary to the members of the Committee of every meeting, but in an emergency at the discretion of the Chairman and Secretary additional meetings may be called on not less than 24 hour’s notice.
6.8 Decisions at meetings of the Committee are made by a simple majority and in the event of equality of voting the Chairman (or the acting Chairman of that meeting) shall have casting vote.
Annual General Meeting
7.1 An Annual General Meeting shall be held in May in every year.
7.2 The business of the annual general meeting shall be:
- To receive the Chairman’s report of the activities of the Association during the preceding year;
- To elect officers and other members of the Committee;
- To remove and elect the Auditor or to confirm that he or she remains in office; and
- To fix subscription for the forthcoming year.
Extraordinary General Meetings
8.1 An extraordinary General Meeting may be convened at any time upon either a resolution of the Committee or a requisition setting out the resolution or the resolutions to be proposed. The requisition must be signed by 20 members or one-tenth of the members (whichever is less) and served on the Secretary by personal delivery or recorded delivery post. If the Secretary does not give notice of the meeting pursuant to the requisition on or before the 14 days from service of the requisition the requisitionists or any one or more of them on behalf of the others may give notice of the meeting
8.2 The business which may be conducted at an extraordinary general meeting may be any one or more of:
- removing all or any of the officers, other members of the Committee and Auditor of the Association and filling the vacancies caused by such removal;
- altering the constitution or
- dissolving the association
Proceedings at Annual and Extraordinary General Meetings
9.1 Not less than twenty one days prior notice in writing setting out the resolution to be proposed at the meeting shall be posted on the website.
9.2 Resolutions at the Annual General Meetings shall be passed by a simple majority of the votes entitled to be cast by the Members present at the meeting.
9.3 Resolutions of the Extraordinary General Meetings shall be passed by a majority of three quarters of the votes entitled to be cast by the Members preset at the meeting.
9.4 Each member shall have one vote on every resolution.
9.5 In the event of equality in voting at an Annual General Meeting the Chairman or acting Chairman at that meeting shall have a second or casting vote, but there shall be no second or casting vote on any resolution proposed at an Extraordinary General Meeting.
9.6 Nominations of persons for election to any office must be made to the Secretary at or at any time before commencement of the meeting at which elections for that office are intended to be proposed.
Accounts, income and property
10.1 The financial year of the association shall end on 31 March in every year, to which day the accounts shall be balanced and drawn.
10.2 As soon as is practicable, after the end of the financial year, there shall be a prepared a statement of the assets and liabilities of the Association at the end of the financial year, and a statement of the income and expenditure during that year, which statements shall be audited by the Auditor not less than seven days before the Annual General Meeting.
10.3 Copies of the audited statement of accounts shall be given at the Annual General Meeting.
10.4 The Auditor shall be a professional accountant or bookkeeper and shall not be a Member of the Association, he or she shall be appointed by each Annual General Meeting and shall hold office until the end of the next following Annual General Meeting.
10.5 All monies received by the Association shall be paid into an account in the name of the Association at bankers appointed by the Committee and cheques and other instruments drawn on and directions to the bankers shall be signed by not less than two officers.
10.6 No action involving expenditure in the name or on behalf of the Association shall be taken, and no undertakings which would commit the Association to expenditure or other liability shall be made without the prior authority of a resolution of the Committee.
10.7 Entry for any Association activity (including lessons, course, competitions) is not confirmed until monies are received and these monies are non-refundable. No entries can be substituted without prior arrangement with the organizer of that activity.
11.1 No one as a result of being an officer of other member of the Committee shall be liable for any loss suffered by the Association as a result of the discharge of his or her duties on its behalf, except for any loss which arises from his or her willful default, and each officer and other member of the Committee shall be entitled to an indemnity out of the assets of the Association for all expenses and other liabilities incurred by him or her in the discharge of his or her duties. Nothing in this clause shall effect any liability which any officer or other member of the Committee might have in his or her capacity as a Member of the Association.
11.2 Except for death or personal injury caused by negligence, the Association does not accept any liability for any accident, damage, injury or illness to horses, owners, riders, ground spectators or any other person or property whatsoever.
12.1 The association may be dissolved
- by a resolution passed under rule 8.2
- by a notice from a liquidator of the Company or a receiver of all or any of its assets; or
- by a resolution of the Committee of the number of members is less than 25 for a period of not less than six months
12.2 The dissolution shall take effect from the day when the resolution is assed and the committee shall be responsible for the winding up of the assets and liabilities of the Association
12.2 If any property remains after the discharge of all debts and liabilities of the Association it shall be distributed to such person or organization having similar aims to those of the Association as the Committee decides
Certificate of authenticity
We certify that the above is a true copy of the constitution adopted at an Extraordinary General Meeting of the Association held on [date] at [address]
Joy Toomer Kristine Pemberton