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Restaurant and Retail Sponsors |
1.
Name The name of the Association shall be
"Australian Malaysian Singaporean Association Inc." (hereinafter called "the Association"). 2.
Objects The Association is a non-profit making community
organisation with the following objects: 2.1.
To promote
the legitimate interests and welfare of former residents of Malaysia and
Singapore and their associates in the development of the community as a
whole. 2.2.
To promote
friendly relationship and mutual assistance amongst members of the
Association. 2.3.
To promote
understanding and co-operation with other associations with similar objects. 2.4.
To acquire
by purchase or otherwise land, buildings or premises in the interests of
members. 2.5.
To do all
such things and perform such acts as the Executive Committee of the
Association considers necessary or desirable in the attainment and
furtherance of the Objects of the Association. 3.
Membership Membership
of the Association shall consist of individuals and corporations who
subscribe to the Objects of the Association and who agree to abide by the
Rules and Regulations from time to time prescribed by the Association Membership of the Association shall be classified
as follows: 3.1.
Ordinary Members Former
residents of Malaysia and Singapore and other approved individuals may apply
to become Ordinary members of the Association 3.2.
Family Members Ordinary
members may by application be classified as Family members which
are to be held jointly by a member and the spouse of such member. For the
purpose of Clause 16, a Family membership shall be deemed to be held by two
Ordinary members. 3.3.
Youth Members Children
of Ordinary or Family members and other approved individuals under the age of
18 maybe admitted as Youth Members of the Association. 3.4.
Life Members Ordinary
members on the application and meeting subscriptions determined from
time to time by the Executive Committee, may become
Life Members. Once admitted, a Life Member shall not be required to meet
further subscription to the Association. 3.5.
Honorary Members The
Executive Committee by resolution, may invite
suitable individuals to become Honorary Members of the Association.
Honorary Members shall not be required to meet any subscription to the
Association. 3.6.
Patrons Distinguished
individuals may be appointed as Patrons to the Association at the
recommendation of the Executive Committee and approved at a General Meeting
of the members of the Association. A Patron shall cease to hold such
position upon resignation or by special resolution of the members in a
General Meeting. 3.7.
Register of Members A
register shall be kept showing in respect of every member, the full name and
address of the member, date of admission and class of membership. In
the case of Corporate members, the name and title of a natural person to whom
inquiries and correspondence is directed, and the address of the registered
office as well as the principal place of business shall also be included. 3.8.
Corporate Members Corporations,
whether incorporated or established in Australia or otherwise, may apply to
become Corporate Members of the Association 4.
Application
for Membership 4.1.
Application
for membership on prescribed form shall be duly signed and completed by the applicant,
the proposer and the seconder of such application together with the payment
of an entrance fee and the annual subscription as determined from time to
time by the Executive Committee of the Association. 4.2.
Only
Ordinary or Corporate Members in good standing shall be entitled to
nominate and second any application for membership of the Association. 4.3.
As soon as
practicable after receipt of the written applications, the Executive
Committee shall consider and determine either to accept or reject such application
without having to assign any reason whatsoever. 4.4.
Membership
subscriptions for all classes of membership unless otherwise specifically
exempted shall be payable annually and shall be such rate and at such time as
the Executive Committee may from time to time determine. 4.5.
Membership
shall cease upon demise, resignation, expulsion or failure to pay outstanding
membership subscription within three months after demand. 5.
Member’s Liability Members
of the Association shall have no liability to contribute towards the payments
of debts and liabilities of the Association or the costs, charges and
expenses of the winding up of the Association except to the amount of an unpaid membership subscriptions. 6.
Finance 6.1.
The financial
year of the Association shall commence 1 April and conclude on 31 March of
each year. 6.2.
The
Association shall be funded by way of Entrance fees, Membership
subscriptions, donations, gifts and from any other legitimate sources. The
Association reserves the right to accept or reject any gift or donation. 6.3.
The
Association may establish Bank Accounts. 6.4.
The
President, a Vice President, the Hon. Secretary and the Hon. Treasurer shall
be the signatories to any Bank Account established by the Association. 6.5.
All monies
received by the Association shall be banked into the Association's Bank
Account promptly and receipts must be issued promptly. 6.6.
All cheque
payments in excess of $200 shall be signed by any two (2) signatories
referred to in Clause 6.4, 6.7.
All
accounts shall be presented for approval by the Executive Committee before
payment. 7.
Auditor 7.1.
An Auditor
shall be appointed at the Annual General Meeting. The Auditor shall examine
all accounts, vouchers, receipts and books, etc. of the Association and
furnish a report to members at the Annual General Meeting. Audits are
to be conducted at regular intervals at the discretion of the Auditor. 7.2.
The Auditor
shall not be a member of the Committee or related to any member of the
Committee. 7.3.
Notice of
Intention to nominate an Auditor to replace the current Auditor shall be
received by the Hon. Secretary at least 14 days before the Annual General
Meeting. The Hon. Secretary shall send a copy of the nomination to the
current Auditor at least 7 days before the Meeting and if the Auditor so
wishes, he may be heard at the meeting. 7.4.
Should the
current Auditor submit his resignation or notify the Hon. Secretary in
writing of his intention not to seek re-appoint, para.
7.3 shall not apply. 7.5.
Should the
Auditor fail to audit the accounts as required in para. 7.1 herein without
reasonable cause, the President shall report to the General Meeting, and the Meeting if sees fit may resolve to remove
the Auditor from his office and appoint another with immediate effect. 8.
Executive
Committee 8.1.
The
Executive Committee ("Committee") of the Association shall consist
of i)
President ii)
Up to 3 Vice Presidents iii)
The Hon. Secretary iv)
The Hon. Treasurer and v)
Up to 8 other Committee members 8.2.
The Committee
shall be elected annually at the Annual General Meeting. 8.3.
Nominations
for election to the Committee shall be in writing duly signed by the
nominees, proposers and seconders. All nominations must be received by the
Hon. Secretary at least seven days before the date of the Annual General
Meeting. 8.4.
Any member
of the Committee absent for three consecutive Committee meetings without
leave may be deemed to have vacated his office. 8.5.
Any casual
vacancy occurring amongst the Committee may be filled by the Committee and
the person so appointed shall hold office for the unexpired term of such
Committee member replaced. 8.6.
The
Committee may appoint or co-opt suitable members or any other individuals to
undertake and organise such specific activities and programmes as the
Committee may determine and on such terms or conditions as the Committee
shall consider desirable. Such members or individuals shall conduct their
business strictly in accordance with the directions of the Committee. 8.7.
No member
of the Committee shall be appointed to any salaried office of the Association
or be paid fees, remunerations or other benefits in money's worth excepting
reimbursements of out-of-pocket expenses legitimately incurred at the
instructions of the Committee. 8.8.
The office
of a member of the Committee shall become vacant:- i)
upon his demise ii)
upon his resignation in writing iii)
upon becoming a bankrupt or mentally
incapacitated iv)
upon holding any office of profit under
the Association v)
upon directly or indirectly interested in any contract
or proposed contract with the Association. vi)
upon a special resolution passed by members present at a
Special Meeting called for the purpose to remove him from the office. 9.
Management 9.1.
The Management
of the Association shall be vested in the Committee which shall meet at least
once in every two months. 9.2.
The
President may at any time and the Hon. Secretary upon requisition of any five
members of the Committee shall convene a meeting of the Committee. 9.3.
The
President or in his absence of the Vice President nominated by the
President shall chair all Committee meetings. In their absence, a chairman
for that meeting maybe elected amongst members present at that meeting. 9.4.
Matters
considered at any meeting of the Committee shall be decided by a simple
majority vote of those present. In case of equality of votes, the
chairman of the meeting shall have a second or casting vote. 9.5.
The Hon.
Secretary shall issue notice for any Committee to be held and such notice
shall include the agenda of the meeting and must be issued 7 days before the
date of the meeting. 9.6.
The
continuing members of the Committee may act notwithstanding any vacancy or
vacancies in the Committee, provided if the number of Committee members falls
below the necessary quorum, the continuing member or members may only act to
increase the number of members to satisfy quorum and to call a Special
General Meeting to determine membership of the Committee and for no other
purpose. 9.7.
Custody of
the Association's records shall be: i)
The Hon.
Secretary shall have custody of all legal and official records of the
Association including the Common Seal, register of members and any document
pertaining to membership and securities of the Association. ii)
The Hon. Treasurer
shall have custody of all books of accounts and documents pertaining to
treasury functions including cheque books, receipt books, bank statements, invoices, records relating to expenses and expense claims
and petty cash vouchers. 9.8.
All books
of accounts, documents register of members and securities of the Association
shall be made available for inspection by any member of the Committee upon
request at reasonable notice. 10.
Minutes The
Committee shall cause minutes to be kept:- i)
of all appointments
of members of the Committee ii)
of all names of
members present at all meetings of the Association and of the Committee iii)
of the
proceedings at all meetings of the Association and of the Committee Such
minutes shall be signed by the chairman of the meeting at which the minutes
were taken or by the chairman of the next succeeding meeting. 11.
Annual General Meeting The
Annual General Meeting shall be held during the month of April each year,
when the Annual Report and Audited Financial Statement of the Association
shall be presented and Executive Committee elected. 12.
Special
General Meeting 12.1.
Special
General Meetings shall be convened by the Hon. Secretary as directed by the
Committee or at the written requisition of at least twenty Ordinary members
of the Association. 12.2.
A Special
General Meeting convened at the requisition of Ordinary members must be held
within six weeks of the receipt by the Hon. Secretary of such
requisition. At such Special General Meeting only matters raised in the
requisition shall be considered. 13.
Proceedings
of General Meetings 13.1.
The
President and in his absence, a Vice President nominated by the President
shall chair any General Meeting. In their absence, a chairman for the
meeting shall be elected from amongst members present. 13.2.
Should a
quorum fail to be formed within 30 minutes from the time set down for the
General Meeting, the Meeting shall be adjourned to fourteen days later at the
same time and same venue. At such adjourned Meeting, quorum shall be
deemed to be present after 30 minutes from the time stipulated for the
Meeting. No fresh matters apart from those Listed in the Agenda of the
aborted Meeting shall be considered at the adjourned Meeting. 13.3.
Matters
considered at the General Meetings shall be determined by a simple majority
of votes of those present, unless otherwise required in this Constitution. In
case of equality of votes, the chairman shall have a second or casting
vote. All Ordinary and Corporate Members shall be entitled to 1
vote. Corporate members may exercise their right to vote by its duly
authorised representative, such written authority shall be lodged with the
Hon. Secretary upon joining the Association or at least seven days before the
date of the General Meeting. 13.4.
A member or
proxy is entitled to vote at a General Meeting only if all money due and
payable by the member or proxy to the Association has been paid in full. 14.
Quorum 14.1.
The quorum
of any Committee meeting shall be five members present at the meeting. 14.2.
The quorum for
the transaction of business in any General Meeting is 30 members present in
person or by proxy. For the purpose of determining the quorum, each member or
proxy must be entitled under clause 13.4 to vote at a General Meeting 14A Proxies 14A.1 A member, who has paid all money due
and payable from the member to the Association, is entitled to appoint
another member as proxy to attend, speak and vote on the member’s
behalf at a General Meeting. 14A.2 A member who is entitled
under clause 14A.1 to appoint a proxy must do so by: i)
completing and
signing the proxy form accompanying the notice of General Meeting; and ii)
sending the completed and signed notice to the Secretary to
arrive no later than 48 hours before the time of the General Meeting for
which the proxy is appointed. 14A.3 No member may hold more
than 3 proxies at a General Meeting. 15.
Notices
of General Meeting 15.1.
The Hon.
Secretary shall give at least 21 days notice in writing of all General Meetings
to members of the Association, denoting the time, the day, the venue and an
agenda for the General Meeting indicating the general nature of the business
to be transacted at that Meeting. 15.2.
For the
purposes of this Constitution, a notice may be given to a member: i)
by delivering
to the member personally; or ii)
by sending it
by pre-paid post to the address provided by the member; iii)
by sending it
by facsimile transmission to a number provided by the member ; or iv)
by sending it
by electronic transmission to an electronic address provided by the member. 15.3.
Unless the
contrary is proved, a notice is taken to have been given in the following
circumstances: i)
in the case of
a notice given personally, on the date when it is received by the member; ii)
in the case of
a notice sent by pre-paid post, on the date when it would have been delivered
in the ordinary course of post; iii)
in the case of
a facsimile transmission, on the date stated in the transmission report that
the facsimile has been successfully transmitted; iv)
in the case of an electronic transmission, on the date
it was successfully sent. 16.
Membership
Privileges 16.1.
Ordinary
and Life members shall enjoy all the privileges of membership of the
Association including the right to vote, nominate and stand for any office of
the Association. 16.2.
Youth and
Honorary members shall enjoy all the privileges of membership of the
Association but shall not be entitled to vote, nominate and stand for any
office of the Association. 16.3.
Corporate
members shall enjoy all the privileges of membership of the Association,
including the right to vote. All natural persons who hold office, or
are employed or associated with the Corporate
member, and who are not an Ordinary or Family member shall enjoy the
privileges of membership excluding the right to nominate and stand for any
office of the Association, and the right to vote. 17. Expulsion of Members A
member may be expelled from membership of the Association by the Executive
Committee, if in its opinion that the conduct of the member is such as to be detrimental
to the best interests of the Association, provided: i)
No decision to
expel a member shall be made before the member has been given the opportunity
of being heard by the Committee either in person or by writing, at the choice
of the member. ii)
Such expulsion
shall not be effective unless it is confirmed by a simple majority of members
present at a Special Meeting convened to consider the expulsion. iii)
The special
General Meeting must be convened within four weeks from the date of the
determination by the Committee to expel the member. iv)
At such Special
General Meeting, the member whose expulsion is under consideration shall have
the right to be heard by the Meeting either in person or by writing, at the
choice of the member. v)
Voting at such
Special General Meeting shall be by secret ballot. vi)
The Executive
Committee may suspend such member from participation in the affairs of the
Association until the Special General Meeting is held. 18.
Public Officer 18.1.
The
Committee shall ensure that a person is appointed as Public Officer. 18.2.
The first
Public Officer shall be the person who completed the application for
incorporation of the Association. 18.3.
The
Committee may at any time remove the Public Officer and appoint a new Public
Officer provided the person appointed is 18 years of age or older and is a
resident of New South Wales. 18.4.
The Public
Officer shall be deemed to have vacated its position in the following
circumstances: i)
death ii)
resignation iii)
removal by the
Committee at a General Meeting iv)
bankruptcy or
financial insolvency v)
mental illness vi)
residency
outside of New South Wales 18.5.
When
vacancy occurs in the position of Public Officer, the Committee shall within
14 days notify the Department of Business and Consumer Affairs by the
prescribed forms in the following circumstances: i)
appointment -
(within 14 days) ii)
a change of
residential address - (within 14 days) iii)
a change in the
Association's objects or rules - (within one month) iv)
a change in the
membership of the Executive Committee - (within 14 days) v)
the Association's Financial Statement - (within 1 month
of the A.G.M.) vi)
a change in the
Association's Name - (within 1 month) 18.6.
Service of
documents on the Association is effected by serving
on the Public Officer or by serving personally upon two members of the
Executive Committee. 19.
Common Seal The
Common Seal of the Association shall be kept in the custody of the Hon.
Secretary and shall only be affixed to a document with the approval of the
Committee and in the presence of at least another member of the Committee. 20.
Insurance The Association
shall effect and maintain insurance as is required under the Association's
Incorporation Act together with any such other insurances
which may be required by law or as necessary by the Committee. 21.
Amendment to the Constitution 21.1.
This
Constitution may only be amended by special resolution of members at an
Annual General Meeting or Special General Meeting convened for such purposes. 21.2.
Provided
upon registration of the Association in New South Wales under the Charitable
Collections Act 1934, the Minister for the Crown for the time being
administering such Act shall be notified of the proposed amendment and such
amendment shall have no effect unless and until the Minister has given his
approval for such amendment. 22.
Dissolution 22.1.
The
Association shall be dissolved upon special resolution of members present at
a Special General Meeting convened to consider the dissolution of the
Association. 22.2. Upon a resolution passed in accordance to paragraph 21.1 herein, all assets and fund of the Association shall after payment of all expenses and liabilities be handed over to such registered or exempted charity or charities as a simple majority of the voting members at the Special Meeting shall decide. Disclaimer The material
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assumes no responsibility for any use or misuse of this material and makes no
representation of any kind with respect to the material available at this
site. |
History
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Australian Malaysian Singaporean
Association © 2008 - 2011