| A | Name.
|
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| The name of the Association is Anycounty Beekeepers
Association ("the Charity")
|
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| B | Administration.
|
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| Subject to the matters set out below the Charity
and its property shall be administered and managed in accordance with
this constitution by the members of the Executive Committee,
constituted by clause H of this constitution ("the Executive
Committee").
|
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| C | Objects.
|
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| The Charity's objects ("the objects") are
to preserve the honeybee, by promoting the craft of beekeeping and
educating the public of the benefit of bees to the environment. The
Charity will generally operate in, and draw its membership from the
County of Anycounty although membership from outside this region is
allowed.
|
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| D | Powers.
|
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| In furtherance of the objects but not otherwise the Executive Committee may exercise the following powers:
| (i) | power to raise
funds and to invite and receive contributions provided that in raising
funds the Executive Committee shall not undertake any substantial
permanent trading activities and shall conform to any relevant
requirements of the law;
|
| (ii) |
power to buy, take on lease or in exchange any property necessary for
the achievement of the objects and to maintain and equip it for use;
|
| (iii) |
power subject to any consents required by law to sell, lease or dispose
of all or any part of the property of the Charity;
|
| (iv) |
power to award Honorary Life Membership;
|
| (v) |
power to appoint auditors and advisors as the Executive Committee may
think fit;
|
| (vi) |
power to appoint custodian trustees and holding trustees;
|
| (vii) |
power to co-operate with other charities, voluntary bodies and
statutory authorities operating in furtherance of the objects or of
similar charitable purposes and to exchange information and advice
with them;
|
| (viii) |
power to establish or support any charitable trusts, associations or
institutions formed for all or any of the objects;
|
| (ix) |
power to appoint and constitute such advisory committees as the
Executive Committee may think fit;
|
| (x) |
power to do all such other lawful things as are necessary for the
achievement of the objects.
|
|
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| E | Membership.
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| (1) |
Membership of the Charity shall be open to any person interested in
furthering the objects and who has paid the annual subscription laid
down from time to time by the Executive Committee or has been awarded
honorary life membership. Applications for membership should be made
to the Secretary.
|
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| (2) |
Every member 18 years or older, shall have one vote.
|
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| (3) |
The Executive Committee may by unanimous vote and for good reason
terminate the membership of any individual: Provided that the
individual concerned shall have the right to be heard by the
Executive Committee, accompanied by a friend, before a final decision
is made.
|
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| (4) |
A membership list will be held on computer for the sole use of the
charity.
|
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| F | Subscription.
|
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| Two rates of annual subscription shall be laid down
by the Executive Committee, one for those 18 years or older and
another for those younger than 18 years the latter known as a Junior
Member. The subscription rate for Junior Members shall be one half the
annual rate for other members. All subscriptions are due for payment
on the first day of January for that calendar year. Membership shall
be terminated immediately should the annual subscription not be
received by the treasurer by 31st March of the same year. New members
paying subscriptions after 13th day of September shall cover the
period from the 1st January to 31st day of December in the following
year.
|
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| G | Honorary Officers.
|
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| At the annual general meeting of the Charity the
members shall elect from amongst themselves a chairman, a secretary
and a treasurer. The chairman and secretary shall hold office for a
period of 2 years commencing on conclusion of the annual general
meeting at which they are elected. The treasurer shall hold office for
a period of 2 years commencing on the first day of January in the
following year.
|
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| H | Executive Committee.
|
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| (1) |
The Executive Committee shall consist of not less than 6 members nor
more than 12 members being:
|
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|
| (a) |
the honorary officers specified in the preceding clause;
|
| (b) |
not less than 3 and not more than 9 members elected at the annual
general meeting who shall hold office from the conclusion of that
meeting.
|
|
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| (2) |
The Executive Committee may in addition appoint not more than 2
co-opted members but so that no-one may be appointed as a co-opted
member if, as a result, more than one third of the members of the
Executive Committee would be co-opted members. Each appointment of a
co-opted member shall be made at a special meeting of the Executive
Committee called under clause K and shall take effect from the end of
that meeting unless the appointment is to fill a place which has not
then been vacated in which case the appointment shall run from the
date when the post becomes vacant.
|
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| (3) |
All the members of the Executive Committee, except for the Honorary
Officers specified in clause G, shall retire from office together at
the end of the annual general meeting next after the date on which
they came into office but they may be re-elected or re-appointed. Each
Honorary Officer shall retire from office at the end of every
alternate annual general meeting so that at any annual general meeting
a maximum of two honorary officers shall retire, but they may be
re-elected or re-appointed.
|
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| (4) |
The proceedings of the Executive Committee shall not be invalidated by
any vacancy among their number or by any failure to appoint or any
defect in the appointment or qualification of a member.
|
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| (5) |
Nobody shall be appointed as a member of the Executive Committee who is
aged under 18 or who would if appointed be disqualified under the
provisions of the following clause.
|
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| (6) |
No person shall be entitled to act as a member of the Executive
Committee whether on a first or on any subsequent entry into office
until after signing in the minute book of the Executive Committee a
declaration of acceptance and of willingness to act as a Trustee of
the Charity.
|
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| I |
Determination of Membership of Executive Committee.
|
|---|
|
A member of the Executive Committee shall cease to hold office if he or
she:
|
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| (1) |
is disqualified from acting as a member of the Executive Committee by
virtue of section 72 of the Charities Act 1993 (or any statutory
re-enactment or modification of that provision);
|
| (2) |
becomes incapable by reason of mental disorder, illness or injury of
managing and administering his or her own affairs;
|
| (3) |
is absent without the permission of the Executive Committee from all
their meetings held within a period of six months and the Executive
Committee resolve that his or her office be vacated;
|
| (4) |
exhibits gross partiality, incompetence or is deliberately obstructive
or such other cause which leads to a loss of support and respect from
the other members of the Executive Committee which shall be determined
by a majority vote in a ballot of members of the Executive Committee;
|
| (5) |
notifies to the Executive Committee a wish to resign (but only if at
least six members of the Executive Committee will remain in office
when the notice of resignation is to take effect).
|
| J |
Executive Committee Members not to be personally interested.
|
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| (1) |
[Subject to the provisions of sub-clause (2) of this clause] no member
of the Executive Committee shall acquire any interest in property
belonging to the Charity (otherwise than as a trustee for the Charity)
or receive remuneration or be interested (otherwise than as a member
of the Executive Committee) in any contract entered into by Executive
Committee.
|
| [(2) |
Any member of the Executive Committee for the time being who is a
solicitor, accountant or other person engaged in a profession may
charge and be paid all the usual professional charges for business
done by him or her or his or her firm when instructed by the other
members of the Executive Committee to act in a professional capacity
on behalf of the Charity: Provided that at no time shall a majority of
the members of the Executive Committee benefit under this provision
and that a member of the Executive Committee shall withdraw from any
meeting at which his or her own instruction or remuneration, or that
of his or her firm, is under discussion.]
|
| K |
Meetings and proceedings of the Executive Committee.
|
|---|
| (1) |
The Executive Committee shall hold at least four ordinary meetings each
year. A special meeting may be called at any time by the chairman or
by any two members of the Executive Committee upon not less than 10
days notice being given to the other members of the Executive
Committee of the matters to be discussed but if the matters include an
appointment of a co-opted member or the removal of an executive
committee member then not less than 21 days notice must be given.
|
| (2) |
The chairman shall act as chairman at meetings of the Executive
Committee. If the chairman is absent from any meeting, the members of
the Executive Committee present shall choose one of their number to be
chairman of the meeting before any other business is transacted.
|
| (3) |
There shall be a quorum when at least six members of the Executive
Committee are present at a meeting within 30 minutes of the start
time of the meeting. The quorum must remain during the meeting.
|
| (4) |
Every matter shall be determined by a majority of votes of the members
of the Executive Committee present and voting on the question but in
the case of equality of votes the chairman of the meeting shall have
a second or casting vote.
|
| (5) |
The Executive Committee shall keep minutes, in books kept for the
purpose, of the proceedings at meetings of the Executive Committee and
any sub-committee.
|
| (6) |
The Executive Committee may from time to time make and alter rules for
the conduct of their business, the summoning and conduct of their
meetings and the custody of documents. No rule may be made which is
inconsistent with this constitution.
|
| (7) |
The Executive Committee may appoint one or more sub-committees
consisting of three or more members of the Executive Committee for the
purpose of making any inquiry or supervising or performing any
function or duty which in the opinion of the Executive Committee would
be more conveniently undertaken or carried out by a sub-committee:
provided that all acts and proceedings of any such sub-committees
shall be fully and promptly reported to the Executive Committee.
|
| (8) |
Matters of special urgency may be decided by not less than six members
of the Executive Committee two of whom must be Honorary Officers. Any
such decision must be unanimous and shall be promptly reported to the
Executive Committee.
|
| L |
Receipts and expenditure.
|
|---|
| (1) |
The funds of the Charity, including all donations contributions and
bequests, shall be paid into an account operated by the Executive
Committee in the name of the Charity at such bank as the Executive
Committee shall from time to time decide. All cheques drawn on the
account must be signed by at least two members of the Executive
Committee.
|
| (2) |
The funds belonging to the Charity shall be applied only in furthering
the objects.
|
| M | Property.
|
|---|
| (1) |
Subject to the provisions of sub-clause (2) of this clause, the
Executive Committee shall cause the title to:
| (a) |
all land held by or in trust for the charity which is not vested in the
Official Custodian for Charities; and
|
| (b) |
all investments held by or on behalf of the charity;
|
|
| to be vested either in a corporation entitled to
act as custodian trustee or in not less than three individuals
appointed by them as holding trustees. Holding trustees may be removed
by the Executive Committee at their pleasure and shall act in
accordance with the lawful directions of the Executive Committee.
Provided they act only in accordance with the lawful directions of
the Executive Committee, the holding trustees shall not be liable for
the acts and defaults of its members.
|
|---|
| (2) |
If a corporation entitled to act as custodian trustee has not been
appointed to hold the property of the charity, the Executive Committee
may permit any investments held by or in trust for the charity to be
held in the name of a clearing bank, trust corporation or any
stockbroking company which is a member of the International Stock
Exchange (or any subsidiary of any such stockbroking company) as
nominee for the Executive Committee, and may pay such a nominee
reasonable and proper remuneration for acting as such.
|
| N | Accounts.
|
|---|
| The Executive Committee shall comply with their
obligations under the Charities Act 1993 (or any statutory
re-enactment or modification of that Act) with regard to:
| (1) |
the keeping of accounting records for the Charity;
|
| (2) |
the preparation of annual statements of account for the charity;
|
| (3) |
the auditing of the statements of account of the Charity (which shall
take place even if this is not required by law); and
|
| (4) |
the transmission of the statements of account of the Charity to the
Commission.
|
|
|---|
| O | Annual Report.
|
|---|
| The Executive Committee shall comply with their
obligations under the Charities Act 1993 (or any statutory
re-enactment or modification of that Act) with regard to the
preparation of an annual report and its transmission to the Commission.
|
|---|
| P | Annual Return.
|
|---|
| The Executive Committee shall comply with their
obligations under the Charities Act 1993 (or any statutory
re-enactment or modification of that Act) with regard to the
preparation of an annual return and its transmission to the Commission.
|
|---|
| Q |
Annual General Meeting.
|
|---|
| (1) |
There shall be an annual general meeting of the Charity, which shall
be held in a central location in Leicestershire in the month of April
in each year or as soon as practicable thereafter.
|
| (2) |
Every annual general meeting shall be called by the Executive
Committee. The secretary shall give at least 28 days notice of the
annual general meeting to all the members of the Charity. All the
members of the Charity shall be entitled to attend and vote at the
meeting.
|
| (3) |
The Chairman shall chair the annual general meeting and if retiring at
that meeting will remain in the chair until the end of the meeting
when he will hand over to the newly elected chairman, but if he or
she is not present, before any other business is transacted, the
persons present shall appoint a chairman of the meeting.
|
| (4) |
The Executive Committee shall present to each annual general meeting
the report and accounts of the Charity for the preceding year.
|
| Nominations for election to the Executive Committee
must be made by members of the Charity in writing and must be in the
hands of the secretary of the Executive Committee at least 21 days
before the annual general meeting. The names and signatures of the
proposer, a seconder and the nominee must be included. The nominee by
signing indicates their willingness to act as a Trustee of the Charity
and declares that they are not disqualified from doing so under
section 72 of the Charities Act 1993 (or any statutory re-enactment or
modification of that provision) and that they are at least 18 years of
age.
|
|---|
| Should nominations exceed vacancies, election shall
be by ballot. A postal ballot form is available from the secretary for
the use of those unable to attend the meeting. Postal votes must reach
the secretary by noon on the day of the annual general meeting and
shall be opened at the meeting in the presence of at least 2 of the
honorary officers specified in clause G.
|
|---|
| R |
Special General Meetings.
|
|---|
| The Executive Committee may call a special general
meeting of the Charity at any time. If at least twenty members or 25%
of the total membership, whichever is the greater, request such a
meeting in writing stating the business to be considered the secretary
shall call such a meeting. At least 21 days notice must be given. The
notice must state the business to be discussed.
|
|---|
| S |
Procedure at General Meetings.
|
|---|
| (1) |
The secretary or other person specially appointed by the Executive
Committee shall keep a full record of proceedings at every general
meeting of the Charity.
|
| (2) |
There shall be a quorum when at least one tenth of the number of
members of the Charity for the time being or 25 members of the Charity,
whichever is the greater, are present at any general meeting.
|
| T |
Notices.
|
|---|
| Any notice required to be served on any member of
the Charity shall be in writing and shall be served by the secretary
or the Executive Committee on any member either personally or by
sending it through the post in a prepaid letter addressed to such
member at his or her last known address in the United Kingdom, and any
letter so sent shall be deemed to have been received within 3 days of
posting.
|
|---|
| U |
Alterations to the Constitution.
|
|---|
| (1) |
Subject to the following provisions of this clause the Constitution may
be altered by a resolution passed by not less than two thirds of the
members voting at a general meeting. The notice of the general meeting
must include notice of the resolution, setting out the terms of the
alteration proposed.
|
| (2) |
No amendment may be made to clause A (the name of charity clause),
clause C (the objects clause), clause J (Executive Committee members
not to be personally interested clause), clause V (the dissolution
clause) or this clause without the prior consent in writing of the
Commissioners.
|
| (3) |
No amendment may be made which would have the effect of making the
Charity cease to be a charity at law.
|
| (4) |
The Executive Committee should promptly send to the Commission a copy
of any amendment made under this clause.
|
| V |
Dissolution.
|
|---|
| If the Executive Committee decides that it is
necessary or advisable to dissolve the Charity it shall call a meeting
of all members of the Charity, of which not less than 21 days notice
(stating the terms of the resolution to be proposed) shall be given.
If the proposal is confirmed by a two-thirds majority of those voting,
(which includes those present and postal votes), the Executive
Committee shall have power to realise any assets held by or on behalf
of the Charity. Any assets remaining after the satisfaction of any
proper debts and liabilities shall be given or transferred to such
other charitable institution or institutions having objects similar to
the objects of the Charity as the members of the Charity may determine
or failing that shall be applied for some other charitable purpose. A
copy of the statement of accounts, or account and statement, for the
final accounting period of the Charity must be sent to the Commission.
|
|---|
| W |
Adoption
|
|---|
| This constitution was adopted on the date mentioned
above having been approved by a meeting of Trustees on
______________ and by an annual general meeting on ________________.
|
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