Radio Controlled Laser Owners? Association of South Africa
1.1 The name of the Association is the RADIO CONTROLLED LASER OWNERS` ASSOCIATION of South Africa hereinafter referred to as ?the Association?.
2.1 To encourage, support and promote RCLaser sailing in South Africa.
2.2 To ensure adherence to the class rules so as to maintain the one design concept of the class
3.1 The address of the Association shall be:
c/o Point Yacht Club
3 Maritime Place
4.1 Membership of the Association shall be open to all owners and other interested persons upon application to and acceptance by the Executive Committee and upon payment of the current annual subscription.
4.2 There shall be two categories of membership
4.2.1 Senior membership for adult persons
4.2.2 Student membership for full time students
5.0 VOTING RIGHTS
5.1 Only members of the Association, who are in good standing and who are owners of RCLasers, shall be eligible to vote on any matters of the association
5.2 Eligible voters may vote in person, by postal vote or by proxy.
5.3 Proxy votes shall only be accepted if a proxy form signed by the eligible voter is delivered to the Secretary/Treasurer before the meeting.
5.4 Postal votes shall only be accepted if delivered to the Secretary/Treasurer before the meeting.
6.1 The Executive Committee shall determine annual subscriptions payable to the Association.
6.2 Subscriptions are due on 1 January each year and all members whose subscriptions remain unpaid after 31 January each year shall cease to exercise any rights of membership while such subscriptions remain unpaid.
7.0 EXECUTIVE COMMITTEE
7.1 The Executive Committee shall consist of three persons. Each person shall be proposed by one and seconded by another member at a general meeting of the Association, which meeting shall normally be the annual general meeting of the Association.
7.2 The Executive Committee shall appoint a President, a Vice President and a Secretary/Treasurer from amongst its members.
7.3 The Executive Committee shall meet at least once per calendar year alternatively as often as is necessary to carry out its duties.
7.4 A quorum for any meeting of the Executive Committee shall be two.
7.5 The Executive Committee shall have the power to co-opt to its membership, temporarily or for the duration of its office, one further member of the Association.
7.6 The Executive Committee shall manage the affairs of the Association in accordance with the Constitution.
8.0 ANNUAL GENERAL MEETING
8.1 An annual general meeting of the Association shall be held during each calender year at a venue to be decided by the Executive Committee.
8.2 30 days notice of such meeting shall be given in writing and/or by email to each registered member at his or her last known contact address.
8.3 The Secretary/Treasurer shall receive all items for inclusion on the agenda for the meeting fifteen days prior to the date nominated for the meeting.
8.4 The agenda shall be circulated to all members of the Association at his or her last known contact address at least 7 days before the meeting.
8.5 Unless otherwise stated in the constitution a simple majority vote shall be deemed a passing vote.
9.0 SPECIAL GENERAL MEETING
9.1 A special general meeting may be called by the Executive Committee or by the requisition of not less than the number of registered members required in terms of the Constitution (paragraph 10.0) to constitute a quorum at an annual or special general meeting.
9.2 Should a requisition for a special general meeting be received by the Secretary / Treasurer, the Executive Committee shall schedule the meeting within 60 days of receiving the requisition.
9.3 30 days notice of such meeting shall be given in writing and/or by e-mail, to each registered member of the Association at his or her last known contact address. The agenda for the meeting shall be included with the notice of meeting.
10.1 The quorum for an annual or special general meeting shall be at least six members that are entitled to vote.
11.1 At all meetings of the Association, the President, or failing him, the Vice-President, shall take the chair.
11.2 In the event of the absence by both the President and the Vice-President, the meeting shall elect a chairperson
12.0 AMENDMENT TO THE CONSTITUTION
12.1 An amendment to the Constitution requires a two-thirds majority of those members eligible to vote at a special general meeting of the Association.
12.2 Any proposed amendment to the Constitution shall appear on the agenda of the special general meeting at which it is voted upon.
13.1 The Secretary / Treasurer shall control the funds of the Association as directed from time to time, by the Executive Committee.
13.2 Proper records of account shall be kept and a statement of account shall be presented at the annual general meeting.
14.1 Any member who, after due warning has been given by the Executive Committee in writing, persistently circumvents the rules of the Association, may by an unanimous decision of the full Executive Committee, be called upon to resign from the Association and, in the event of refusal to resign, shall be expelled.
14.2 In either event the member may appeal against the decision of the Executive Committee to a general meeting. Such appeal must be received by the Secretary / Treasurer not later than 14 days after the date of the notice requesting the resignation or notifying expulsion of the member concerned.
14.3 Ratification of the Executive Committees decision on resignation or expulsion shall thereafter require two-thirds majority of those members eligible to vote at a general meeting of the Association.
15.0 LEGAL STATUS
15.1 The law applicable to this constitution shall be the law of the Republic of South Africa.
15.2 The Association shall be a person at law, with all the attributes of a juristic personality.
15.3 The Executive Committee shall from time to time appoint an address to which all legal processes may be served on the Association and to which notices and correspondence may be addressed.
15.4 The Chairman of the Executive Committee or his nominee shall execute all legal documents on behalf of the Association.
16.1 Every member of the executive Committee or other officer of the Association shall be entitled to be indemnified out of the assets of the Association against all losses or liabilities which he may sustain or incur in the execution of the duties of his office or otherwise in relation thereto and no member of the Executive Committee or other officer shall be liable for any loss damage or misfortune which may happen to or be incurred by the Association in the execution of the duties of his office or in relation thereto.
16.2 The liability of Members shall be limited to their annual subscriptions due to the Association.
17.0 DISPUTE RESOLUTION AND BINDING AGREEMENTS
17.1 In any unresolved dispute the Executive Committee shall consult with the parties in an attempt to resolve the matter by reaching consensus.
17.2 If the parties are then unable to reach consensus, the matter shall be referred to the Executive Committee of S A Sailing whose decision shall be final and binding on the parties.
18.1 The Association may be dissolved by a vote in accordance with paragraph 12.1 in favour thereof by a two-thirds majority of Members, at a meeting called for that purpose.
18.2 In the event of dissolution, the income and property of the Association shall be applied solely towards the promotion of its objectives and no portion thereof shall be paid or transferred directly or indirectly by way of dividend, bonus or otherwise to the members of the Association, provided that nothing herein contained shall prevent the payment in good faith of reasonable remuneration to any officer of the Association or to any member thereof in return for any services actually rendered to the Association.
18.3 Upon its dissolution, the assets of the Association remaining after the satisfaction of all its liabilities shall be given or transferred to some other Association/s or Institution/s having objectives similar to its own, to be determined by members of the Association at or before the time of its dissolution or failing such dissolution, by a court of law.