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dangerousbeans / society_rules



Commit 534c406ac1317be7de595ef43b1e4a28e5948467

better formatting

Joran committed on 6/5/2017, 8:53:11 AM
Parent: fe61bcd9c39ec1b3fe9e21831a24e9ed2e886db5

Files changed

README.mdchanged
README.mdView
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11 # Rules of Hackland Incorporated
2-
2 +
33 ## The Society
44
5-1.0 Name
5 +### 1.0 Name
66
7-1.1 The name of the society is Hackland Incorporated ("the Society").
7 +1.1 The name of the society is Hackland Incorporated ("the Society").
88
99 1.2 The Society is constituted by resolution dated June 2017.
10-
11-2.0 Registered Office
1210
11 +### 2.0 Registered Office
12 +
1313 2.1 The Registered Office of the Society is: Unit B, 48 Bond Street, Kingsland, Auckland
14-
15-3.0 Purposes of Society
1614
15 +### 3.0 Purposes of Society
16 +
1717 3.1 The purposes of the Society are to:
1818
1919 Run the Hackland Makerspace shared workshop and facilities
2020
2121 Allow for a place where people can share tools, knowledge and materials
2222 Do anything necessary or helpful to the above purposes.
2323
2424 3.2 Pecuniary gain is not a purpose of the Society.
25-
25 +
2626 ## MANAGEMENT OF THE SOCIETY
2727
28-4.0 Managing Committee
28 +### 4.0 Managing Committee
2929
3030 4.1 The Society shall have a managing committee (“the Committee”), comprising the following persons:
3131
3232 The Chair/President, Joran Kikke
3333 The Secretary, Helena Teichrib
3434 The Treasurer; Calvin Rainey and
3535 Such other Members as the Society shall decide.
36-
36 +
3737 4.2 Only Members of the Society may be Committee Members.
3838
3939 4.3 There shall be a minimum of three Committee Members, in addition to the Officers.
40-
41-5.0 Appointment of Committee Members
4240
41 +### 5.0 Appointment of Committee Members
42 +
4343 5.1 At a Society Meeting, the Members may decide by majority vote:
4444 How large the Committee will be;
4545 Who shall be the Chair/President, Secretary, and Treasurer;
4646 Whether any Committee Member may hold more than one position as an officer;
4747 How long each person will be a Committee Member (”the Term”).
48-
49-6.0 Cessation of Committee Membership
5048
49 +### 6.0 Cessation of Committee Membership
50 +
5151 6.1 Persons cease to be Committee Members when:
5252 They resign by giving written notice to the Committee.
5353 They are removed by majority vote of the Society at a Society Meeting.
5454 Their Term expires.
55-
55 +
5656 6.2 If a person ceases to be a Committee Member, that person must within one month give to the Committee all Society documents and property.
57-
58-7.0 Nomination of Committee Members
5957
58 +### 7.0 Nomination of Committee Members
59 +
6060 7.1 Nominations for members of the Committee shall be called for at least 28 days before an Annual General Meeting. Each candidate shall be proposed and seconded in writing by Members and the completed nomination delivered to the Secretary. Nominations shall close at 5pm on the fifth day before the Annual General Meeting. [See also rule 21.4(b)] All retiring members of the Committee shall be eligible for re-election.
6161
6262 7.2 If the position of any Officer becomes vacant between Annual General Meetings, the Committee may appoint another Committee Member to fill that vacancy until the next Annual General Meeting.
6363
6464 7.3 If the position of any Committee Member becomes vacant between Annual General Meetings, the Committee may appoint another Society Member to fill that vacancy until the next Annual General Meeting.
6565
6666 7.4 If any Committee Member is absent from three consecutive meetings without leave of absence the Chair/President may declare that person’s position to be vacant.
67-
68-8.0 Role of the Committee
6967
68 +### 8.0 Role of the Committee
69 +
7070 8.1 Subject to the rules of the Society (“The Rules”), the role of the Committee is to:
7171 Administer, manage, and control the Society;
7272 Carry out the purposes of the Society, and Use Money or Other Assets to do that;
7373 Manage the Society’s financial affairs, including approving the annual financial statements for presentation to the Members at the Annual General Meetings;
@@ -78,40 +78,40 @@
7878 Decide the times and dates for Meetings, and set the agenda for Meetings;
7979 Decide the procedures for dealing with complaints;
8080 Set Membership fees, including subscriptions and levies;
8181 Make regulations.
82-
82 +
8383 8.2 The Committee has all of the powers of the Society, unless the Committee’s power is limited by these Rules, or by a majority decision of the Society.
8484
8585 8.3 All decisions of the Committee shall be by a majority vote. In the event of an equal vote, the Chair/President shall have a casting vote, that is, a second vote.
8686
8787 8.4 Decisions of the Committee bind the Society, unless the Committee’s power is limited by these Rules or by a majority decision of the Society.
88-
89-9.0 Roles of Committee Members
9088
89 +### 9.0 Roles of Committee Members
90 +
9191 9.1 The Chair/President is responsible for:
9292 Ensuring that the Rules are followed;
9393 Convening Meetings and establishing whether or not a quorum (half of the Committee) is present;
9494 Chairing Meetings, deciding who may speak and when;
9595 Overseeing the operation of the Society;
9696 Providing a report on the operations of the Society at each Annual General Meeting.
97-
97 +
9898 9.2 The Secretary is responsible for:
9999 Recording the minutes of Meetings;
100100 Keeping the Register of Members;
101101 Holding the Society's records, documents, and books except those required for the Treasurer’s function;
102102 Receiving and replying to correspondence as required by the Committee;
103103 Forwarding the annual financial statements for the Society to the Registrar of Incorporated Societies upon their approval by the Members at an Annual General Meeting.
104104 Advising the Registrar of Incorporated Societies of any rule changes;
105-
105 +
106106 9.3 The Treasurer is responsible for:
107107 Keeping proper accounting records of the Society’s financial transactions to allow the Society’s financial position to be readily ascertained;
108108 Preparing annual financial statements for presentation at each Annual General Meeting. These statements should be prepared in accordance with the Societies’ accounting policies (see 8.1.d).
109109 Providing a financial report at each Annual General Meeting;
110110 Providing financial information to the Committee as the Committee determines.
111-
112-10.0 Committee Meetings
113111
112 +### 10.0 Committee Meetings
113 +
114114 10.1 Committee meetings may be held via video or telephone conference, or other formats as the Committee may decide;
115115
116116 10.2 No Committee Meeting may be held unless more than half of the Committee Members attend;
117117
@@ -127,39 +127,39 @@
127127
128128 10.8 The Chair/President or his nominee shall adjourn the meeting if necessary.
129129
130130 10.9 Adjourned Meetings: If within half an hour after the time appointed for a meeting a quorum is not present the meeting, if convened upon requisition of members, shall be dissolved; in any other case it shall stand adjourned to a day, time and place determined by the Chair/President/ of the Society, and if at such adjourned meeting a quorum is not present the meeting shall be dissolved without further adjournments. The Chair/President may with the consent of any Society Meeting adjourn the same from time to time and from place to place but no business shall be transacted at any adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place.
131-
131 +
132132 Society membership
133133
134-11.0 Types of Members
134 +### 11.0 Types of Members
135135
136136 11.1 Membership may comprise different classes of membership as decided by the Society.
137137
138138 11.2 Members have the rights and responsibilities set out in these Rules.
139-
140-12.0 Admission of Members
141139
140 +### 12.0 Admission of Members
141 +
142142 12.1 To become a Member, a person (“the Applicant”) must:
143143 Complete an application form, if the Rules, Bylaws or Committee requires this; and
144144 Supply any other information the Committee requires.
145145
146146 12.2 The Committee may interview the Applicant when it considers Membership applications.
147147
148148 12.3 The Committee shall have complete discretion when it decides whether or not to allow the Applicant become a Member. The Committee shall advise the Applicant of its decision, and that decision shall be final.
149-
150-13.0 The Register of Members
151149
150 +### 13.0 The Register of Members
151 +
152152 13.1 The Secretary shall keep a register of Members (“the Register”), which shall contain the names, the postal and email addresses and telephone numbers of all Members, and the dates at which they became Members.
153153
154154 13.2 If a Member’s contact details change, that Member shall give the new postal or email address or telephone number to the Secretary.
155155
156156 13.3 Each Member shall provide such other details as the Committee requires.
157157
158158 13.4 Members shall have reasonable access to the Register of Members.
159-
160-14.0 Cessation of Membership
161159
160 +### 14.0 Cessation of Membership
161 +
162162 14.1 Any Member may resign by giving written notice to the Secretary.
163163
164164 14.2 Membership terminated in the following way:
165165 If, for any reason whatsoever, the Committee is of the view that a Member is breaching the Rules or acting in a manner inconsistent with the purposes of the Society, the Committee may give written notice of this to the Member (“the Committee’s Notice”). The Committee’s Notice must:
@@ -170,58 +170,58 @@
170170 Fourteen days after the Member received the Committee’s Notice, the Committee may in its absolute discretion by majority vote terminate the Member’s Membership by giving the Member written notice (“Termination Notice”), which takes immediate effect. The Termination Notice must state that the Member may appeal to the Society at the next Meeting by giving written notice to the Secretary (“Member’s Notice”) within 14 days of the Member’s receipt of the Termination Notice.
171171 If the Member gives the Member’s Notice to the Secretary, the Member will have the right to be fairly heard at a Society Meeting held within the following 28 days. If the Member chooses, the Member may provide the Secretary with a written explanation of the events as the Member sees them (“the Member’s Explanation”), and the Member may require the Secretary to give the Member’s Explanation to every other Member within 7 days of the Secretary receiving the Member’s Explanation. If the Member is not satisfied that the other Society Members have had sufficient time to consider the Member’s Explanation, the Member may defer his or her right to be heard until the following Society Meeting.
172172 When the Member is heard at a Society Meeting, the Society may question the Member and the Committee Members.
173173 The Society shall then by majority vote decide whether to let the termination stand, or whether to reinstate the Member. The Society’s decision will be final.
174-
175-15.0 Obligations of Members
176174
175 +### 15.0 Obligations of Members
176 +
177177 15.1 All Members (and Committee Members) shall promote the purposes of the Society and shall do nothing to bring the Society into disrepute.
178-
178 +
179179 ## Money and other assets of the society
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181-16.0 Use of Money and Other Assets
181 +### 16.0 Use of Money and Other Assets
182182
183183 16.1 The Society may only Use Money and Other Assets if:
184184 It is for a purpose of the Society;
185185 It is not for the sole personal or individual benefit of any Member; and
186186 That Use has been approved by either the Committee or by majority vote of the Society.
187-
188-17.0 Joining Fees, Subscriptions and Levies
189187
188 +### 17.0 Joining Fees, Subscriptions and Levies
189 +
190190 17.1 If any Member does not pay a Subscription or levy by the date set by the Committee or the Society, the Secretary will give written notice that, unless the arrears are paid by a nominated date, the Membership will be terminated. After that date, the Member shall (without being released from the obligation of payment of any sums due to the Society) have no Membership rights and shall not be entitled to participate in any Society activity.
191-
192-18.0 Additional Powers
193191
192 +### 18.0 Additional Powers
193 +
194194 18.1 The Society may:
195195 Employ people for the purposes of the Society;
196196 Exercise any power a trustee might exercise;
197197 Invest in any investment that a trustee might invest in;
198198 Borrow money and provide security for that if authorised by Majority vote at any Society Meeting.
199-
200-19.0 Financial Year
201199
200 +### 19.0 Financial Year
201 +
202202 19.1 The financial year of the Society begins on [insert date] of every year and ends on [insert date] of the next year.
203-
204-20.0 Assurance on the Financial Statements
203 +
204 +### 20.0 Assurance on the Financial Statements
205205 Explanation: The organisation needs to consider what assurance over the financial statements it wants or needs. If a reviewer is required, use paragraph 20.1, if an auditor, use paragraphs 20.2, or use 20.3.
206206
207207 20.1 The Society shall appoint an accountant to review the annual financial statements of the Society (“the Reviewer”). The Reviewer shall conduct an examination with the objective of providing a report that nothing has come to the Reviewer’s attention to cause the Reviewer to believe that the financial information is not presented in accordance with the Society’s accounting policies. The Reviewer must be a suitably qualified person, preferably a member of the New Zealand Institute of Chartered Accountants, and must not be a member of the Committee, or an employee of the Society. If the Society appoints a Reviewer who is unable to act for some reason, the Committee shall appoint another Reviewer as a replacement.
208208 The Committee is responsible to provide the Reviewer with:
209209 Access to all information of which the Committee is aware that is relevant to the preparation of the financial statements such as records, documentation and other matters
210210 Additional information that the reviewer may request from the Committee for the purpose of the review; and
211211 Reasonable access to persons within the Society from whom the reviewer determines it necessary to obtain evidence.
212-
212 +
213213 20.2 The Society shall appoint an Auditor to audit the annual financial statements of the Society. The Auditor shall report on whether the financial statements are prepared in all material respects in accordance with the Society’s accounting policies. The Auditor must be a suitably qualified person. and preferably be a member of the New Zealand Institute of Chartered Accountants, and must not be a member of the Committee, or an employee of the Society. If the Society appoints an Auditor who is unable to act for some reason, the Committee shall appoint another Auditor as a replacement.
214214 The Committee is responsible to provide the auditor with:
215215 Access to all information of which the Committee is aware that is relevant to the preparation of the financial statements such as records, documentation and other matters
216216 Additional information that the auditor may request from the Committee for the purpose of the audit; and
217217 Reasonable access to persons within the Society from whom the auditor determines it necessary to obtain evidence.
218-
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219219 20.3 No review or audit of the annual financial statements is required unless a review or audit is requested by 5% of the Members at any properly convened Society Meeting.
220-
220 +
221221 ## Conduct of meetings
222222
223-21.0 Society Meetings
223 +### 21.0 Society Meetings
224224
225225 21.1 A Society Meeting is either an Annual General Meeting or a Special General Meeting.
226226
227227 21.2 The Annual General Meeting shall be held once every year no later than five months after the Society’s balance date. The Committee shall determine when and where the Society shall meet within those dates.
@@ -234,9 +234,9 @@
234234 A copy of the Chair/President’s Report on the Society’s operations and of the Annual Financial Statements as approved by the Committee,
235235 A list of Nominees for the Committee, and information about those Nominees if it has been provided. (The Secretary must not provide Members with information exceeding one side of an A4 sheet of paper per Nominee)
236236 Notice of any motions and the Committee’s recommendations about those motions.
237237 If the Secretary has sent a notice to all Members in good faith, the Meeting and its business will not be invalidated simply because one or more Members do not receive the notice.
238-
238 +
239239 21.5 All Members may attend and vote at Society Meetings.
240240
241241 21.6 No Society Meeting may be held unless at least [number] % of eligible Members attend. (This will constitute a quorum.)
242242
@@ -245,9 +245,9 @@
245245 21.8 On any given motion at a Society Meeting, the Chair/President shall in good faith determine whether to vote by:
246246 Voices;
247247 Show of hands; or
248248 Secret ballot.
249-
249 +
250250 However, if any Member demands a secret ballot before a vote by voices or show of hands has begun, voting must be by secret ballot. If a secret ballot is held, the Chair/President will have a casting, that is, second vote.
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252252 21.9 The business of an Annual General Meeting shall be:
253253 Receiving any minutes of the previous Society’s Meeting(s);
@@ -255,51 +255,51 @@
255255 The Treasurer’s report on the finances of the Society, and the Annual Financial Statements;
256256 Election of Committee Members;
257257 Motions to be considered;
258258 General business.
259-
259 +
260260 21.10 The Chair/President or his nominee shall adjourn the meeting if necessary.
261261
262262 21.11 Adjourned Meetings: If within half an hour after the time appointed for a meeting a quorum is not present the meeting, if convened upon requisition of members, shall be dissolved; in any other case it shall stand adjourned to a day, time and place determined by the Chair/President of the Society, and if at such adjourned meeting a quorum is not present the meeting shall be dissolved without further adjournments. The Chair/President may with the consent of any Society Meeting adjourn the same from time to time and from place to place but no business shall be transacted at any adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place.
263-
264-22.0 Motions at Society Meetings
265263
264 +### 22.0 Motions at Society Meetings
265 +
266266 22.1 Any Member may request that a motion be voted on (“Member’s Motion”) at a particular Society Meeting, by giving written notice to the Secretary at least 28 days before that meeting. The Member may also provide information in support of the motion (“Member’s Information”). The Committee may in its absolute discretion decide whether or not the Society will vote on the motion. However, if the Member’s Motion is signed by at least [number] % of eligible Members:
267267 It must be voted on at the Society Meeting chosen by the Member; and
268268 The Secretary must give the Member’s Information to all Members at least 14 days before the Society Meeting chosen by the Member; or
269269 If the Secretary fails to do this, the Member has the right to raise the motion at the following Society Meeting.
270-
270 +
271271 22.2 The Committee may also decide to put forward motions for the Society to vote on (“Committee Motions”) which shall be suitably notified.
272-
272 +
273273 ## Common seal
274274
275-23.0 Common seal
275 +### 23.0 Common seal
276276
277277 23.1 The Committee shall provide a common seal for the Society and may from time to time replace it with a new one.
278278
279279 23.2 The Secretary shall have custody of the common seal, which shall only be used by the authority of the Committee. Every document to which the common seal is affixed shall be signed by the President and countersigned by the Secretary or a member of the Committee.
280-
280 +
281281 ## Altering the rules
282282
283-24.0 Altering the Rules
283 +### 24.0 Altering the Rules
284284
285285 24.1 The Society may alter or replace these Rules at a Society Meeting by a resolution passed by a two-thirds majority of those Members present and voting.
286286
287287 24.2 Any proposed motion to amend or replace these Rules shall be signed by at least [number] % of eligible Members and given in writing to the Secretary at least 28 days before the Society Meeting at which the motion is to be considered, and accompanied by a written explanation of the reasons for the proposal.
288288
289289 24.3 At least 14 days before the General Meeting at which any Rule change is to be considered the Secretary shall give to all Members written notice of the proposed motion, the reasons for the proposal, and any recommendations the Committee has.
290290
291291 24.4 When a Rule change is approved by a General Meeting no Rule change shall take effect until the Secretary has filed the changes with the Registrar of Incorporated Societies.
292-
292 +
293293 ## Bylaws
294294
295-25.0 Bylaws to govern the Society
295 +### 25.0 Bylaws to govern the Society
296296
297297 25.1 The Committee may from time-to-time make, alter or rescind bylaws for the general management of the society, so long as these are not repugnant to these rules or to the provisions of law. All such bylaws shall be binding on members of the Society. A copy of the bylaws for the time being, shall be available for inspection by any member on request to the Secretary.
298-
298 +
299299 ## Winding up
300300
301-26.0 Winding up
301 +### 26.0 Winding up
302302
303303 26.1 If the Society is wound up:
304304 The Society’s debts, costs and liabilities shall be paid;
305305 Surplus Money and Other Assets of the Society may be disposed of:
@@ -307,12 +307,12 @@
307307 According to the provisions in the Incorporated Societies Act 1908; but
308308 No distribution may be made to any Member;
309309 The surplus Money and Other Assets shall be distributed to: [see S.27 of the Act]
310310 [Stipulate one or more organisations/purposes].
311-
311 +
312312 ## Definitions
313313
314-27.0 Definitions and Miscellaneous matters
314 +### 27.0 Definitions and Miscellaneous matters
315315
316316 27.1 In these Rules:
317317 “Majority vote” means a vote made by more than half of the Members who are present at a Meeting and who are entitled to vote and voting at that Meeting upon a resolution put to that Meeting.
318318 “Money or Other Assets” means any real or personal property or any interest therein, owned or controlled to any extent by the Society.
@@ -322,7 +322,6 @@
322322 It is assumed that
323323 Where a masculine is used, the feminine is included
324324 Where the singular is used, plural forms of the noun are also inferred
325325 Headings are a matter of reference and not a part of the rules
326-
326 +
327327 Matters not covered in these rules shall be decided upon by the Committee.
328-

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