MODEL CLUB RULES
CO-OPERATIVE AND COMMUNITY BENEFIT SOCIETIES ACT 2014
1. Name and Objects
*The society (hereinafter called “the club”) shall be called the WALDERSLADE SOCIAL CLUB LIMITED. Its objects are to carry on the business of a club by providing for the use of its members, the means of social intercourse, mutual helpfulness, rational recreation and the other advantages of a club.
2. Registered Office
*Its registered office shall be 274 Walderslade Road, Chatham, Kent, ME5 0PA. Notice of any change in the situation of the registered office shall be sent by the secretary within 14 days thereafter to the Financial Conduct Authority in manner and form provided by the Act.
3. Contracts/Deeds
Under the authority of a resolution of the managing committee a deed or contract may be dated and attested by the signatures of a member of the managing committee and secretary or two committee members signing such document without a seal.
4. Use of Name
The registered name of the club shall be present in legible characters in all business letters, notices, advertisements and other official publications of the club and in all bills of exchange, promissory notes, endorsements, cheques and orders for money or goods, purporting to be signed by or on behalf of the club, and in all bills, invoices, receipts and letters of credit of the club.
5. Powers
The club shall have full power to do all things necessary or expedient for the accomplishment of all objects specified in its rules, including the power to purchase, hold, sell, mortgage, rent, lease or sub-lease lands of any tenure, and to erect, lease, sub-lease, pull down, repair, alter or otherwise deal with any building thereon.
6. Shares
Shares shall not be withdrawable or transferable and shall be of the value of 10p. No member shall hold more than one share, and no interest or dividend shall be paid upon it. A member shall forfeit his share on ceasing from whatever cause to be a member.
7. Membership
If an existing member is employed by the club, then their membership will automatically be adjusted to the restricted rights membership. Should an employee cease to be one, then their membership will revert back to a full rights member.
8. Membership of the Union
The club must hold a fully paid share in the Club and Institute Union Limited, (hereinafter referred to as "the Union") in order that each member of the club may be entitled to all the privileges of the Union, subject to its rules. A person on becoming a member of the club may be supplied with Associate and Pass Cards at the prevailing rates charged by the Union for any period for which he has paid his subscription or been granted life membership of the club.
9. Admission of Associates
So long as the club shall hold a share in the Union, all Associates of the Union shall subject to the following provisions of this rule be admitted to the club premises, and alcohol may be supplied to them by or on behalf of the club for consumption on the premises. An Associate before being admitted to the club must produce his subscription card (showing that his current subscription to his club has been paid), the Associate Card of the Union and the current Pass Card issued by the Union, and must sign in each time they visit the club.. Associates shall have the same rights and privileges, and be subject to the same rules and by-laws as ordinary members, except that they may not attend or appoint at any meeting of the club, nor vote at any such meeting or receive a share of assets on dissolution. The managing committee may refuse admission to Associates or limit their admission at such times and parts of the premises as they think fit in the interests of the club. Notice of such limitations shall be sent to the Union General Secretary. The managing committee may also refuse admission to Associates who ceased to be members under Rule 12 (a) or (b).
10. Subscriptions
Every member shall pay to the funds of the club a subscription which shall become due as soon as he is nominated for membership.. Such sum deposited shall be returned in the event of non-acceptance as a member. The subscription must be paid before the member is entitled to any of the privileges of the club. The rate of subscription shall be such sum as may from time to time be determined by the members in a general meeting being not less than £1 and not exceeding £50 per year payable on the first day of January in each year.
Any member who has not paid his subscription by 1st February shall be considered in arrear, and if it be not paid by 1st March he shall cease to be a member.
No member in arrear shall be permitted to use the club, or be considered a member for the purposes of these rules.
The managing committee, on receiving information that any member is unable to pay his subscription owing to want of work or other good cause, may, at its discretion, in writing excuse payment of such member's subscription for such period as they think fit and the member shall not forfeit the privileges of membership.
Members who have been a fully paid up adult member for at least five years, and who are over the age of 65, would be considered as a senior citizen, and may avail themselves of a discounted subscription rate, set in the same manner as above. If senior citizens fail to pay their renewal subscriptions by 1st March, then they may forfeit the discounted rates and be moved back to a full adult price if they later choose to renew, at the Managing Committee’s discretion.
11. Register of Members
The club shall keep at its registered office a register, in physical or digital form, of members in which the secretary shall enter the following particulars:
Every member shall, within 14 days, give notice to the secretary of any change in his address. Correspondence sent to a member's last known address as entered in the register of members shall be deemed to have been received.
This register shall also serve as a share register, and all paid up members are considered to own one share.
12. Cessation of Membership
Members shall cease to be members:
13. Misconduct of Members
14. Right of Appeal
A member suspended or expelled shall have the right to appeal to the Union General Secretary who shall arrange through a Union Branch Secretary for the appointment of arbitrators. Such appeal must be lodged within 30 days of the management committee’s meeting at which the member was so suspended or expelled and be in writing, addressed to the General Secretary of the Union. No appeal shall be heard by the said arbitrators unless a deposit is submitted to the General Secretary of the Union. The Union’s National Executive Committee shall determine such deposit, and the sum due shall be notified to the member of lodgement of the appeal. That deposit must be received within 30 days from the appellant on lodgement of an appeal before the case proceeds, after this time the case will be closed.
The arbitrators may order the costs of the arbitration to be borne by either party or by both parties in such proportions as they may think fit, and such sum may be reimbursed from the deposit held.
The arbitrators, or a majority of them, shall have full power to alter or rescind such suspension or expulsion as they may think fit, and there shall be no appeal from their decision.
15. General Meetings
Ordinary Meetings
The auditor shall be entitled to attend any general meeting of the club and to receive all notices of and other communications relating to any general meeting which any member of the club is entitled to receive and to be heard at any meeting which he attends on any part of the business of the meeting which concerns him as auditor.
Special Meetings
Notice to be Given
Business
Quorum
Adjournment
Voting
16. Rules
Supply
Amendment
By-Laws
17. Managing Committee
Powers of Managing Committee
Retirement, Vacation or Cessation of Membership
Removal or Resignation
18. Finance Committee
The managing committee shall at the first meeting following each election, select a sub-committee, to be called the Finance Committee which shall meet monthly. It shall consist of two committee members and any officers who may be appointed by the managing committee. It shall be the duty of the Finance Committee to take a record of the stock of goods at least every 28 days either by themselves or by an agent duly appointed by the managing committee for that purpose, check all demands for payment with the order book, and with the delivery notes and invoices, and to report to the whole managing committee whether such stock vouches the correctness of the returns made by the steward, and whether the demands are in order and correct. It shall see that vouchers are produced by the secretary for all payments made by him or by order of the managing committee, and it shall report at each managing committee meeting whether the secretary’s cash book has been duly made up, and that the amount there shown as standing to the credit of the club appears also in the bank statement relating to the club’s current drawing account. These records duly made up to date, shall be laid upon the table at each managing committee meeting. It shall also review any new contracts of over a one year period, before any such contracts are deemed approved. The proceedings of the Finance Committee shall be recorded by the secretary in a minute book kept for that purpose.
The Finance Committee shall have the power to give orders for such goods to be supplied and work to be done as may be necessary for carrying out the objects of the club; but nothing in this rule shall empower the managing committee to incur expenditure, except such as is consistent with the purposes for which the club is established.
19. Orders
No officer or committee member of the club shall by virtue of his appointment, have power to order goods or dispose the funds of the club. No goods or labour shall be supplied, nor any contract entered into for work to be done for the club, not any office of salary, profit or remuneration, be held by any member of the managing committee, nor shall any honoraria be paid to managing committee members, unless authorised by a general meeting or on the authority of two officers in an emergency for the benefit of the club.
20. Officers
If the secretary is the holder of the Club Premise Certificate, then any change in the office of secretary must be notified by the president or secretary within 28 days to the Licencing Authority.
The officers of the club shall receive such honorarium, if any, or in the case of the secretary, such salary, as the management committee or a general meeting may from time to time determine. Every officer dealing with club monies shall be insured with a recognised guarantee society for the due performance of his duties in such sum as the management committee or general meeting may determine.
The President
Treasurer
Secretary
The nominated person shall be identified in writing to the Licensing Authority by the Secretary; and shall ensure that the summary of the certificate issued by the Licensing Authority, or a certified copy thereof, and a notice specifying the position he holds at the premises are prominently displayed at the club premises.
Assistant Secretary
21. Annual Return to Financial Conduct Authority
Copies to Members
Balance Sheet
22. Inspection of Books
Any member or person having an interest in the club funds may, at all reasonable times, inspect all books and accounts including the particulars in the register of members, except those mentioned in paragraphs (b) and (c) or Rule 11 at the registered office, or any place where they are kept, and it shall be the duty of the secretary to produce them for inspection; but no person, unless an officer of the club or specially authorised by a resolution thereof, may inspect the loan or deposit account of any other member without his written consent.
23. Borrowing Powers
The club shall have powers to borrow money for any purposes of the club, and to secure the repayment of any money borrowed by mortgaging or charging any of its property, provided that the amount of money borrowed for the time being remaining undischarged shall not exceed £500,000. This power may only be used if approved through an Annual or Emergency General Meeting of the members.
24. Audit
25. Nominations and Proceedings on Death or Bankruptcy
Upon a claim being made by the personal representative of a deceased member or the trustee in bankruptcy of a bankrupt member to any property in the club belonging to the deceased or bankrupt member the club shall transfer or pay such property to which the personal representative or trustee in bankruptcy has become entitled as the person representative or trustee in bankruptcy may direct them.
A member may in accordance with the Co-operative and Community Benefit Societies Act 2014, nominate any person or persons to whom (subject to the provisions of the Act as to amount and the persons to whom a valid nomination may be made) any of his property in the club at the time of his death shall be transferred. On receiving satisfactory proof of death of a member who has made a nomination the club shall if and to the extent that the nomination is valid under the said Act either transfer or pay in accordance with the Act the full value of the property comprised in the nomination to the person entitled thereunder.
26. Application of Profits
The profits of the club may be applied in any of the following ways:
27. Application of Funds
Except by the dissolution of the club, no profits or funds of the club shall be distributed amongst the members.
28. Investments
The managing committee may invest the funds of the club at such rate of interest and on such terms as they see fit in any of the following investments:
29. Statutory Applications to the Financial Conduct Authority
30. Dissolution
The club may at any time be dissolved by the consent of three-fourths of the members, testified by their signatures to an instrument of dissolution in the form provided by the Act, or by winding up in a manner provided by the Co-operative and Community Benefit Societies Act 2014. The remaining assets, after the payment of all liabilities, shall be distributed amongst the members in equal shares. A member joining the club on or after the date of registration of this rule, must have been a member and remain a member for at least 5 years before they become entitled to a share of any surplus assets on dissolution.
31. Conduct of Elections Nominations
Senior Advisors
Scrutineers
Ballot. When Held
Who May Vote
Tie
Scrutiny
32. Settlement of Disputes
Dispute Between a Member and an Officer of the Club
Dispute Between a Member and the Club
33. Introduction of Guests
A member of an Associate may personally introduce friends as his guests. The member of Associate introducing the guest shall sign his name in a book kept for the purpose together with the name of the guest. The following shall not be admitted as guests:
The managing committee may debar a member or Associate introducing any particular person as a guest if they so think fit.
34. Hours of Opening and Closing of the Club Premises
The club shall open and close, and qualifying club activities may take place, at such times as the managing committee may from time to time determine, subject to the terms and conditions specified in the Club Premises Certificate granted to the club under the provisions of the Licensing Act 2003.
35. Value Added Tax
Where under any of the provisions of these rules or any amendment thereto for the time being in force any sum of money is payable to the club by a member whether by way of subscription or otherwise and such payment attracts Value Added Tax then, unless any rule specifically provides to the contrary, a member shall in addition pay to the club such further sum as shall be equal to the amount of Value Added Tax at the rate for the time being in force attributable to such sum.
36. Life Members
37. Interpretation
38. Under 18 Years of Age
No one under the age of 18 is allowed to drink alcohol on the premises. Alcohol shall not be supplied directly or indirectly to persons under the age of 18 whilst on the club premises. Any member found to be breaking this rule will be asked to withdraw from the club premises, as per rule 13a, and will be subject to disciplinary proceedings.
CO-OPERATIVE AND COMMUNITY BENEFIT SOCIETIES ACT 2014
1. Name and Objects
*The society (hereinafter called “the club”) shall be called the WALDERSLADE SOCIAL CLUB LIMITED. Its objects are to carry on the business of a club by providing for the use of its members, the means of social intercourse, mutual helpfulness, rational recreation and the other advantages of a club.
2. Registered Office
*Its registered office shall be 274 Walderslade Road, Chatham, Kent, ME5 0PA. Notice of any change in the situation of the registered office shall be sent by the secretary within 14 days thereafter to the Financial Conduct Authority in manner and form provided by the Act.
3. Contracts/Deeds
Under the authority of a resolution of the managing committee a deed or contract may be dated and attested by the signatures of a member of the managing committee and secretary or two committee members signing such document without a seal.
4. Use of Name
The registered name of the club shall be present in legible characters in all business letters, notices, advertisements and other official publications of the club and in all bills of exchange, promissory notes, endorsements, cheques and orders for money or goods, purporting to be signed by or on behalf of the club, and in all bills, invoices, receipts and letters of credit of the club.
5. Powers
The club shall have full power to do all things necessary or expedient for the accomplishment of all objects specified in its rules, including the power to purchase, hold, sell, mortgage, rent, lease or sub-lease lands of any tenure, and to erect, lease, sub-lease, pull down, repair, alter or otherwise deal with any building thereon.
6. Shares
Shares shall not be withdrawable or transferable and shall be of the value of 10p. No member shall hold more than one share, and no interest or dividend shall be paid upon it. A member shall forfeit his share on ceasing from whatever cause to be a member.
7. Membership
- Admission of Members
- Employee Membership
If an existing member is employed by the club, then their membership will automatically be adjusted to the restricted rights membership. Should an employee cease to be one, then their membership will revert back to a full rights member.
- 18 Year Olds
8. Membership of the Union
The club must hold a fully paid share in the Club and Institute Union Limited, (hereinafter referred to as "the Union") in order that each member of the club may be entitled to all the privileges of the Union, subject to its rules. A person on becoming a member of the club may be supplied with Associate and Pass Cards at the prevailing rates charged by the Union for any period for which he has paid his subscription or been granted life membership of the club.
9. Admission of Associates
So long as the club shall hold a share in the Union, all Associates of the Union shall subject to the following provisions of this rule be admitted to the club premises, and alcohol may be supplied to them by or on behalf of the club for consumption on the premises. An Associate before being admitted to the club must produce his subscription card (showing that his current subscription to his club has been paid), the Associate Card of the Union and the current Pass Card issued by the Union, and must sign in each time they visit the club.. Associates shall have the same rights and privileges, and be subject to the same rules and by-laws as ordinary members, except that they may not attend or appoint at any meeting of the club, nor vote at any such meeting or receive a share of assets on dissolution. The managing committee may refuse admission to Associates or limit their admission at such times and parts of the premises as they think fit in the interests of the club. Notice of such limitations shall be sent to the Union General Secretary. The managing committee may also refuse admission to Associates who ceased to be members under Rule 12 (a) or (b).
10. Subscriptions
Every member shall pay to the funds of the club a subscription which shall become due as soon as he is nominated for membership.. Such sum deposited shall be returned in the event of non-acceptance as a member. The subscription must be paid before the member is entitled to any of the privileges of the club. The rate of subscription shall be such sum as may from time to time be determined by the members in a general meeting being not less than £1 and not exceeding £50 per year payable on the first day of January in each year.
Any member who has not paid his subscription by 1st February shall be considered in arrear, and if it be not paid by 1st March he shall cease to be a member.
No member in arrear shall be permitted to use the club, or be considered a member for the purposes of these rules.
The managing committee, on receiving information that any member is unable to pay his subscription owing to want of work or other good cause, may, at its discretion, in writing excuse payment of such member's subscription for such period as they think fit and the member shall not forfeit the privileges of membership.
Members who have been a fully paid up adult member for at least five years, and who are over the age of 65, would be considered as a senior citizen, and may avail themselves of a discounted subscription rate, set in the same manner as above. If senior citizens fail to pay their renewal subscriptions by 1st March, then they may forfeit the discounted rates and be moved back to a full adult price if they later choose to renew, at the Managing Committee’s discretion.
11. Register of Members
The club shall keep at its registered office a register, in physical or digital form, of members in which the secretary shall enter the following particulars:
- The names and addresses of the members;
- The date at which each person was entered in the register as a member, and the date at which any person ceased to be a member,
- The name and addresses of the officers of the club, with the offices held by them respectively and the dates on which they assumed office.
Every member shall, within 14 days, give notice to the secretary of any change in his address. Correspondence sent to a member's last known address as entered in the register of members shall be deemed to have been received.
This register shall also serve as a share register, and all paid up members are considered to own one share.
12. Cessation of Membership
Members shall cease to be members:
- By non-payment of subscription.
- By expulsion.
- By resignation by notice of not less than three months given to the secretary in writing unless the managing committee waives the requirement for the same.
- By death.
13. Misconduct of Members
- The secretary or president or in the absence of both such officers any officer present upon the club premises shall have power to order the withdrawal from the club premises of any member who shall infringe any rule or by-law or whose conduct whether within the club or elsewhere shall in his opinion render a member unfit for further entry to the club. A member who is subject to proceedings in a court of law and who is excluded from the club by an officer under the above provision, may not use the club premises, until the courts have disposed of the matter and until such time as the managing committee may decided to permit entry conditionally or otherwise. Where the member continues to be excluded for a time, after the courts have disposed of the matter, greater than 12 months the provisions, so modified to meet the circumstances, in Rules 13 (b) and (c) shall apply.
- The secretary or president or officer who orders the withdrawal of a member for misconduct as per Rule 13(a), that member not being the subject of proceedings in any court of law, shall, at the next ordinary meeting of the managing committee or as soon as practicable thereafter, lay a complaint upon which the managing committee must decide whether or not to formally charge the member. If the managing committee by a majority of members present at the meeting and entitled to vote, so decide that on the face of the complaint there is a case to answer, the secretary will write to the member setting out the charge or charges and summon him to appear before the managing committee giving not less than 3 clear days notice to afford the member an opportunity to advance a defence.
- The managing committee having found a member guilty of a charge by a simple majority of their number present and entitled to vote must by at least two-thirds of the said managing committee vote for the member to be reprimanded, suspended (for a period not exceeding 12 months) or expelled to render it effective. A member convicted of any offence by any court of law may be suspended or expelled in his absence. A suspended member shall not be entitled to any of the rights and privileges of club membership but shall remain liable to pay his subscription. The decision of the managing committee shall be sent to the member in writing within three days of the managing committee meeting at which the decision was reached and the members’ right of appeal procedure explained in the letter.
14. Right of Appeal
A member suspended or expelled shall have the right to appeal to the Union General Secretary who shall arrange through a Union Branch Secretary for the appointment of arbitrators. Such appeal must be lodged within 30 days of the management committee’s meeting at which the member was so suspended or expelled and be in writing, addressed to the General Secretary of the Union. No appeal shall be heard by the said arbitrators unless a deposit is submitted to the General Secretary of the Union. The Union’s National Executive Committee shall determine such deposit, and the sum due shall be notified to the member of lodgement of the appeal. That deposit must be received within 30 days from the appellant on lodgement of an appeal before the case proceeds, after this time the case will be closed.
The arbitrators may order the costs of the arbitration to be borne by either party or by both parties in such proportions as they may think fit, and such sum may be reimbursed from the deposit held.
The arbitrators, or a majority of them, shall have full power to alter or rescind such suspension or expulsion as they may think fit, and there shall be no appeal from their decision.
15. General Meetings
Ordinary Meetings
- There will be an annual meeting held not later than the 31st May on a date to be fixed by the managing committee. At least ten days notice of every annual meeting, with a copy of the agenda, shall be posted in the club.
The auditor shall be entitled to attend any general meeting of the club and to receive all notices of and other communications relating to any general meeting which any member of the club is entitled to receive and to be heard at any meeting which he attends on any part of the business of the meeting which concerns him as auditor.
Special Meetings
- A special meeting shall be called by the secretary in the following cases:
- Upon the direction of the managing committee, and in accordance with such direction.
- On a requisition signed by one- quarter of the total number of members entitled to attend and vote at a general meeting or 50 such members, whichever is the less, stating the special object thereof. Such meeting shall be held within not less than 14 and not more than 21 days from the date of the receipt by the secretary of the requisition.
Notice to be Given
- Notice of any special meeting, and of the object for which it is called, shall be posted by the secretary in the club at least 10 days prior to the date of the meeting. Should the secretary not convene a special meeting in the manner required hereby within 10 clear days after a duly signed requisition has been delivered to him, any of the requisitionists may call such a meeting, giving such notice as is provided by this rule.
Business
- No business other than that named in the notice shall be brought before a special meeting.
Quorum
- A general meeting may proceed to business if there are in total at least one greater than the number of members of the managing committee as provided by Rule 17(1) within an hour after the time fixed for the meeting, otherwise the meeting, if convened on the requisition of the members, shall be dissolved, but if a meeting convened by order of the managing committee, it shall stand adjourned to the week following, at the same time, and the meeting so adjourned may proceed to business whatever be the number of members present. No meeting shall become incompetent to transact business from the want of a quorum arising after the chair has been taken.
Adjournment
- Any general meeting duly constituted, may adjourn to such time as the members present direct, and may continue any such adjournment from time to time. No business shall be brought on at any adjourned meeting which could not have been transacted at the original meeting.
Voting
- Each member present shall be entitled to one vote on each motion, with the exception of employee members.
16. Rules
Supply
- The secretary shall be supplied by the managing committee with copies of the rules, and shall be bound to deliver a copy to any person, on demand, free of charge, a member who has previously been supplied with a copy of the rules and when another copy is requested, the club may make a charge up to £5.
Amendment
- These rules may be amended only at a general meeting called for that purpose. Notice of any proposed amendment shall be posted in the club for at least 14 clear days previous to the meeting to which the amendment is to be submitted. Any amendment shall require the votes of at least two-thirds of the members present at such meeting. No amendment of rules is valid until registered in accordance with the Co-operative and Community Benefit Societies Act 2014.
By-Laws
- The managing committee shall have power to make such by-laws as it may consider necessary for the good government and order of the club, provided that no such by-laws shall conflict with any of the rules. A copy of all such by-laws shall be posted in a conspicuous place in the clubhouse.
17. Managing Committee
Powers of Managing Committee
- The managing committee shall consist of the president, vice-president, treasurer, three senior advisors, and a minimum of 6 and up to 12 committee members, all of whom shall be above the age of 18.
Retirement, Vacation or Cessation of Membership
- Any officer or committee member not attending for three consecutive managing committee meetings shall, unless he sends an explanation which the management committee considers satisfactory, cease to be a member of the management committee and in the case of an officer shall also be removed from office. Any committee member or officer who shall cease to be a member, or who is suspended under Rule 13, or tenders his resignation in writing or who shall cease membership of the club by any reason shall vacate his seat. Any vacancy so occurring, or by any other cause, shall be filled by the managing committee, or in such other manner as the managing committee may decide. Committee posts are held for three years, with senior advisors holding their posts for five years – they will retire at the elections held after that period, but shall be eligible for re-election. Any committee members selected to fill a casual vacancy shall hold office until the next elections.
Removal or Resignation
- The managing committee, or any member or members thereof, may be removed by the votes of two thirds of the members present as a special general meeting called for that purpose. In the event of a removal or the resignation of the whole or the majority of the managing committee, the secretary shall obtain nominations and appoint scrutineers and arrange for holding a ballot. Three days shall be allowed for nominations and the ballot shall be held on three consecutive days within the following seven days. The result shall be declared by the scrutineers by notice posted in the club.
18. Finance Committee
The managing committee shall at the first meeting following each election, select a sub-committee, to be called the Finance Committee which shall meet monthly. It shall consist of two committee members and any officers who may be appointed by the managing committee. It shall be the duty of the Finance Committee to take a record of the stock of goods at least every 28 days either by themselves or by an agent duly appointed by the managing committee for that purpose, check all demands for payment with the order book, and with the delivery notes and invoices, and to report to the whole managing committee whether such stock vouches the correctness of the returns made by the steward, and whether the demands are in order and correct. It shall see that vouchers are produced by the secretary for all payments made by him or by order of the managing committee, and it shall report at each managing committee meeting whether the secretary’s cash book has been duly made up, and that the amount there shown as standing to the credit of the club appears also in the bank statement relating to the club’s current drawing account. These records duly made up to date, shall be laid upon the table at each managing committee meeting. It shall also review any new contracts of over a one year period, before any such contracts are deemed approved. The proceedings of the Finance Committee shall be recorded by the secretary in a minute book kept for that purpose.
The Finance Committee shall have the power to give orders for such goods to be supplied and work to be done as may be necessary for carrying out the objects of the club; but nothing in this rule shall empower the managing committee to incur expenditure, except such as is consistent with the purposes for which the club is established.
19. Orders
No officer or committee member of the club shall by virtue of his appointment, have power to order goods or dispose the funds of the club. No goods or labour shall be supplied, nor any contract entered into for work to be done for the club, not any office of salary, profit or remuneration, be held by any member of the managing committee, nor shall any honoraria be paid to managing committee members, unless authorised by a general meeting or on the authority of two officers in an emergency for the benefit of the club.
20. Officers
- The club shall have the following officers: A president, vice-president, treasurer, secretary and assistant secretary. All of the officers posts are held for a three year term, after which they are eligible for re-election in the next annual meeting. If the secretary and treasurer are both due for re-election in the same year, then the secretary’s term will be extended by one year in order to avoid a loss of experience. Any of the officers shall be removable at any time providing two-thirds of the members present at a special meeting called for that purpose shall vote in favour of such removal.
If the secretary is the holder of the Club Premise Certificate, then any change in the office of secretary must be notified by the president or secretary within 28 days to the Licencing Authority.
The officers of the club shall receive such honorarium, if any, or in the case of the secretary, such salary, as the management committee or a general meeting may from time to time determine. Every officer dealing with club monies shall be insured with a recognised guarantee society for the due performance of his duties in such sum as the management committee or general meeting may determine.
The President
- The president, or in his absence the vice-president, or in the absence of both such officers, an elected chairman shall take the chair at all general meetings and managing committee meetings of the club.
Treasurer
- The treasurer shall ensure that all monies received by the club from any source whatever, without any deduction for any purpose whatever, are paid in to the credit of an account opened in the name of the club at such bank and in such manner as the managing committee may direct, and further, shall keep such accounts and pay such debts of the club as the managing committee shall direct, and shall, when required to do so, render to the managing committee, or a general meeting, an account of any monies received and expended by him.
Secretary
- The secretary shall be the executive officer of the club. He shall keep upon the club premises a register of the names and addresses of the club members and a subscription book, in which shall be recorded the payments of such members. He shall carry out the directions of the managing committee, and subject to such direction, shall receive monies on account of the club, and pay them to the treasurer; and keep such accounts as the managing committee direct. He shall attend all meetings of the managing committee and Finance Committee or any other sub-committee meetings if so directed, take minutes of the proceedings, prepare accounts and balance sheets, and submit them to the auditor, with the assistance of the treasurer.
The nominated person shall be identified in writing to the Licensing Authority by the Secretary; and shall ensure that the summary of the certificate issued by the Licensing Authority, or a certified copy thereof, and a notice specifying the position he holds at the premises are prominently displayed at the club premises.
Assistant Secretary
- The assistant secretary shall assist the secretary in his duties and act for him in his absence.
21. Annual Return to Financial Conduct Authority
- The secretary shall send to the Financial Conduct Authority once in every year, within the time allowed by legislation, an annual return relating to the club’s affairs for the period required by the Industrial and Provident Societies Acts, to be included in the return, together with a copy of the report of the auditor on the club’s accounts for the period included in the return and a copy of each balance sheet made during that period, and of any report of the auditor on that balance sheet. The annual return shall be made up for the period beginning with the date of registration of the club under the Co-operative and Community Benefit Societies Act 2014, or with the later, and ending the date of the last balance sheet published by the club. The annual return must be made in the form prescribed by the Financial Conduct Authority, and contain such particulars as may from time to time be required to be in the return.
Copies to Members
- A copy of the last annual return, together with a copy of the report of the auditor on the accounts and balance sheet contained in the return shall be supplied gratuitously on demand to every member or person interested in the funds of the club.
Balance Sheet
- A copy of the account or accounts and balance sheets covering the period in an annual return, as audited, and the report of the auditor on the balance sheet and accounts shall be posted in the registered office and shall be available to members upon request to the Treasurer.
22. Inspection of Books
Any member or person having an interest in the club funds may, at all reasonable times, inspect all books and accounts including the particulars in the register of members, except those mentioned in paragraphs (b) and (c) or Rule 11 at the registered office, or any place where they are kept, and it shall be the duty of the secretary to produce them for inspection; but no person, unless an officer of the club or specially authorised by a resolution thereof, may inspect the loan or deposit account of any other member without his written consent.
23. Borrowing Powers
The club shall have powers to borrow money for any purposes of the club, and to secure the repayment of any money borrowed by mortgaging or charging any of its property, provided that the amount of money borrowed for the time being remaining undischarged shall not exceed £500,000. This power may only be used if approved through an Annual or Emergency General Meeting of the members.
24. Audit
- An audit, where necessary in law or where the membership require, will be carried out by a registered auditor or two or more lay auditors where the conditions for appointing lay auditors apply. Where there is no requirement to carry out an audit a registered auditor will be appointed to act at the reporting accountant.
- Any appointment of an auditor shall be made by resolution of a general meeting of the club.
- If a report is required a person qualified to audit the societies accounts must be appointed within 28 days of the end of the year to make it.
- A qualified auditor appointed to audit the accounts and balance sheet of the club for the preceding year of account (whether by a general meeting or by the managing committee) shall be re-appointed as the registered auditor of the club for the current year of account (whether or not any resolution expressly re-appointing him has been passed) unless:
- a resolution has been passed at a general meeting of the club appointing somebody instead of him or providing expressly that he shall not be re-appointed or
- he has given to the club notice in writing of his unwillingness to be re-appointed or
- he is ineligible for appointment as registered auditor of the club for the current year of account or
- he has ceased to act as registered auditor of the club by reason of incapacity.
- A resolution at a general meeting of the club (i) appointing another person as registered auditor in place of a retiring qualified auditor or (ii) providing expressly that a retiring qualified auditor shall not be re-appointed shall not be effective unless notice of the intention to move it has been given to the club not less than 28 days before the meeting at which it is moved. On receipt by the club of notice of the intention to move any such resolution the club shall give notice of the resolution to the members and to the retiring registered auditor in accordance with Section 94 of the Co-operative and Community Benefit Societies Act 2014, and shall give notice to the members in accordance with that section of any representation made or intended to be made by the retiring qualified auditor.
- None of the following persons shall be appointed as registered auditors of the club:
- an officer or employee of the club
- a person who is a partner of or in the employment of or who employs an officer or employee of the club.
- The registered auditor shall in accordance with Section 87 of the Co-operative and Community Benefit Societies Act 2014 make a report to the club on the accounts examined by him and on the revenue account or accounts and the balance sheet of the club for the year of account in respect of which he is appointed.
- The registered auditor shall have a right of access at all time to the books, deeds and accounts of the club and to all other documents relating to its affairs, and shall be entitled to require from the officers of the club such information and explanations as he thinks necessary for the performance of the duties of the auditors.
25. Nominations and Proceedings on Death or Bankruptcy
Upon a claim being made by the personal representative of a deceased member or the trustee in bankruptcy of a bankrupt member to any property in the club belonging to the deceased or bankrupt member the club shall transfer or pay such property to which the personal representative or trustee in bankruptcy has become entitled as the person representative or trustee in bankruptcy may direct them.
A member may in accordance with the Co-operative and Community Benefit Societies Act 2014, nominate any person or persons to whom (subject to the provisions of the Act as to amount and the persons to whom a valid nomination may be made) any of his property in the club at the time of his death shall be transferred. On receiving satisfactory proof of death of a member who has made a nomination the club shall if and to the extent that the nomination is valid under the said Act either transfer or pay in accordance with the Act the full value of the property comprised in the nomination to the person entitled thereunder.
26. Application of Profits
The profits of the club may be applied in any of the following ways:
- In promoting mutual intercourse and united action between members and others interested in improving the conditions of the people of the United Kingdom.
- For any other lawful purpose determined by the managing committee or any general or special general meeting subject to Rule 27.
27. Application of Funds
Except by the dissolution of the club, no profits or funds of the club shall be distributed amongst the members.
28. Investments
The managing committee may invest the funds of the club at such rate of interest and on such terms as they see fit in any of the following investments:
- In the shares or in the security of any society registered under the Co-operative and Community Benefit Societies Act 2014, or under the Building Societies Act, or of any company registered under the Companies Acts or incorporated by Act of Parliament or by charter provided that such society or company has its liability limited.
- In any investment in which trustees are, for the time being by law, authorised to invest funds.
29. Statutory Applications to the Financial Conduct Authority
- Any 10 members of the club, each of whom has been a member for not less than 12 months immediately preceding the date of the application, may apply to the Financial Conduct Authority in the form prescribed by the Act to appoint an actuary or accountant to inspect the books of the club and to report thereon, pursuant to Section 105 of the Co-operative and Community Benefit Societies Act 2014.
- One-tenth of the whole number of members, or if the number of members shall at any time exceed 1,000 then 100 members may by an application in writing to the Financial Conduct Authority, signed by them in the forms respectively prescribed by the Act:
- Apply for the appointment of an inspector or inspectors to examine into the affairs of the club and to report thereon: or
- Apply for the calling of a special meeting of the club.
30. Dissolution
The club may at any time be dissolved by the consent of three-fourths of the members, testified by their signatures to an instrument of dissolution in the form provided by the Act, or by winding up in a manner provided by the Co-operative and Community Benefit Societies Act 2014. The remaining assets, after the payment of all liabilities, shall be distributed amongst the members in equal shares. A member joining the club on or after the date of registration of this rule, must have been a member and remain a member for at least 5 years before they become entitled to a share of any surplus assets on dissolution.
31. Conduct of Elections Nominations
- The election of officers and committee members, excluding senior advisors, shall be by ballot. At least three weeks before the day fixed for any ballot a nomination sheet shall be posted in the club by the secretary, on which names of all candidates for any office must be entered, and such sheet shall remain open until at least 10pm on the day exactly a week before the annual meeting. No member shall be eligible for nomination unless he has been a member for at least six calendar months prior to nominations closing, and has been proposed and seconded by two members, who must themselves sign the sheet. Employee members are not entitled to be nominated, or to nominate others for a committee post. No member under suspension at the date of closing of the nomination sheet shall be eligible for nomination. No candidate shall be nominated for more than one position and if nominated shall be deemed to have resigned from his present position.Only members who have served for at least one year on the managing committee are eligible for nomination for an officer post. An exception can be made to this rule, should there be no valid nominations for the open officer role by 10pm on the day three days prior to the annual meeting. A ballot is only required where there are more nominees than there are posts available.
Senior Advisors
- The senior advisors, who should have held a Managing Committee post for over 5 years, shall be appointed at a general meeting by a resolution of a majority of the members present.
Scrutineers
- The arrangements for the counting of the ballot shall be carried out under the direction of the secretary by three scrutineers appointed by the general meeting, who shall not be candidates, committee members or officers. The scrutineers so appointed shall remain as scrutineers until their successors are appointed.
Ballot. When Held
- Ballots shall be held during the week prior to the annual general meeting . Ballots shall remain open during not less than two hours on the evenings of not less than three consecutive days to be fixed by the management committee, and the result shall be made known during the general meeting by the scrutineers, noting the number of votes polled by each candidate, and indicating which of the candidates are elected.
Who May Vote
- Each member, excluding employee members, shall have one vote for each vacancy but no member may give more than one vote to any member candidate.
Tie
- The candidates receiving the highest number of votes shall be declared duly elected. In the event of two or more candidates receiving an equal number of votes for the last vacancy or vacancies, the names of such candidates shall be written on slips of paper, which shall be placed so the name are concealed, and the president, or in his absence, some person appointed by the scrutineers, shall then draw as many slips as there are vacancies to be filled, and the members whose names are so drawn shall be declared duly elected.
Scrutiny
- The scrutineers shall, at the conclusion of the ballot, seal up the ballot papers and hand them to the secretary, who shall retain them for seven days. A scrutiny shall take place if a written demand be presented to the secretary within seven days from the close of the ballot, signed by not less than one-fifth or 50 members, whichever is the least, and the scrutiny shall be carried out by three fresh scrutineers, to be named by the Branch Executive of the Club and Institute Union in the Branch Area where the club is situated, and their decision shall be final.
32. Settlement of Disputes
Dispute Between a Member and an Officer of the Club
- All disputes between a member and an officer of the club shall, unless the managing committee elect to refer the matter directly to a special meeting, be settled by the managing committee. An officer who is on the managing committee must not vote or act as a committee member in any dispute where a conflict of interest may arise. The decision of the managing committee shall be final, unless any party aggrieved thereby shall within seven days, produce to the secretary a requisition satisfying the conditions mentioned in Rule 15(2) (b), whereupon the decision shall be reviewed by a special meeting and its decision shall be binding.
Dispute Between a Member and the Club
- All disputes between a member or person aggrieved who has for not more than six months ceased to be a member, or any person claiming through such member or person aggrieved shall be referred to the Executive of the Union or the persons appointed by them, who shall be the arbitrators of the club and whose decision shall be final.
33. Introduction of Guests
A member of an Associate may personally introduce friends as his guests. The member of Associate introducing the guest shall sign his name in a book kept for the purpose together with the name of the guest. The following shall not be admitted as guests:
- Former members who have been expelled
- Persons who, having been nominated for membership, have not been accepted.
- Members who are under suspension.
- Persons who have been expelled or who are under suspension from any other Union club.
The managing committee may debar a member or Associate introducing any particular person as a guest if they so think fit.
34. Hours of Opening and Closing of the Club Premises
The club shall open and close, and qualifying club activities may take place, at such times as the managing committee may from time to time determine, subject to the terms and conditions specified in the Club Premises Certificate granted to the club under the provisions of the Licensing Act 2003.
35. Value Added Tax
Where under any of the provisions of these rules or any amendment thereto for the time being in force any sum of money is payable to the club by a member whether by way of subscription or otherwise and such payment attracts Value Added Tax then, unless any rule specifically provides to the contrary, a member shall in addition pay to the club such further sum as shall be equal to the amount of Value Added Tax at the rate for the time being in force attributable to such sum.
36. Life Members
- The managing committee may, in their discretion, grant life membership to any member who has rendered special service to the club, or who in their opinion is deserving of the distinction. Life members shall not be liable to pay subscriptions under Rule 10, but shall be entitled to all the rights and privileges of club membership, including the right to attend meetings, vote at elections and be nominated for committee or other office.
- Every life member shall be under a continuing duty to notify the secretary of his up-to-date address.
- A life member must personally attend the club annually or contact the club by physical or digital means, from 1st January to 31st March to obtain a renewal of his f life membership card. If a life member fails to renew his life membership card as indicated above, the member will have ceased to be a member of the club.
- The life member may within the 3 month period mentioned in (c) above or within 28 days of the day of the notice of cessation of his membership, write to the managing committee with a request that his life membership should continue and it will be for the managing committee in their absolute discretion to decide whether or not he should remain a life member.
37. Interpretation
- In these rules, words denoting the masculine gender shall be deemed to include the feminine.
- Any reference to the Chief Registrar, Registrar, Central Office, Assistant Registrar (for Scotland), includes reference to the Financial Conduct Authority (FCA) or any other statutory successor carrying on the relevant functions of any of them.
38. Under 18 Years of Age
No one under the age of 18 is allowed to drink alcohol on the premises. Alcohol shall not be supplied directly or indirectly to persons under the age of 18 whilst on the club premises. Any member found to be breaking this rule will be asked to withdraw from the club premises, as per rule 13a, and will be subject to disciplinary proceedings.