DOCUMENT
PWLLHELI MOORING AND BERTH-HOLDERS ASSOCIATION 2005
RULES OF THE ASSOCIATION
1. Name and Objectives
2. Officers
3. Membership
4. Management Committee
5. Meetings of the Association
6. Dissolution of the Association
1. NAME AND OBJECTIVES
The NAME of the association shall be “Pwllheli Moorings and Berth Holders Association”. (Hereinafter referred to in these rules as “the Association”.)
The OBJECTIVES for which the Association is formed are to:
a) pro-actively represent the interest of memberships as mooring holders, berth holders and persons having an interest in the facilities at Pwllheli harbour area.
b) maintain contact with and support the Royal Yachting Association’s National Moorings and Marinas Panel and other Associations with similar objectives.
C) any person renting a mooring or berth in Pwllheli harbour.
d) to promote such services, facilities and events for memberships as may from time to time be determined
2. OFFICERS
2.1 Officers of the Association
The officers of the association shall be fully paid up persons from a membership of the association and shall consist of a chairman, vice chairman, secretary and treasurer. Officers shall be elected at the annual general meeting in each year and shall hold office for one year, retiring at the annual general meeting in each year. All officers of the Association shall be eligible for re-election.
2.2 Duties of the Secretary
The secretary shall:
a) keep a register of Association memberships’ nominated names and addresses.
b) conduct the correspondence of the Association.
c) keep custody of all Association documents.
d) keep full minutes of all meetings of the Association, the committee and any subcommittees, which shall be confirmed and signed by the appropriate chairman at the next following meeting of the Association, the committee or any sub-committees.
2.3 Duties of the Treasurer
The treasurer shall:
a) cause such books of account to be kept as are necessary to give a true and fair view of the state of the finances of the Association.
b) prepare an annual balance sheet to be circulated to the memberships at least twenty eight days before the date of the annual general meeting.
3. MEMBERSHIP
There shall be one category of membership with power to vote at all meetings of the Association as indicated. By being a member a member shall accept the Rules of the Association.
3.1 A membership
A membership is defined as one, two or more persons being licensees of a berth or mooring at Pwllheli marina/mooring area. Or, one, two or more persons having an active interest in sailing or motor cruising from Pwllheli marina/mooring area, such membership being subject to approval by the Committee. A membership will have one vote, pay one fee and for administration purposes only one address and name will be required. The Association will only keep one nominated record per membership.
3.2 Membership Subscription Fee
Subscriptions shall be due on the 1st day of January each year. The rate of subscription fee for the category of membership shall be proposed by the committee to the memberships at the annual general meeting the following year. Any proposed changes shall be approved by a majority of those present and entitled to vote and shall become operative on 1st January each year. There shall be no reduction in membership fee for part year membership.
3.3 Memberships’ duty to provide an up to date address
Every membership shall furnish the Secretary with an up to date nominated name, address and e-mail account which shall be recorded in the register of memberships and any notice sent, delivered or e-mailed to such address shall be deemed to have been duly delivered. Business will be conducted by e-mail whenever possible.
3.4 Application
An application for membership shall be in the form from time to time prescribed by the committee and shall include the memberships nominated name, address and e-mail account.
3.5 Payment of Fees
Membership application forms must be accompanied by the fee.
3.6 Arrears of Subscription
The committee may cancel, without notice given, any membership whose annual subscription is more than three months in arrears provided that the committee may, at its discretion, re-instate such membership upon payment of arrears. No membership whose annual payments are in arrears may vote at any meeting.
3.7 Expulsion of Membership
Any conduct, which, in the opinion of the Committee, is either unworthy of a membership or otherwise injurious to the interests of the Association, shall render that membership liable to expulsion by the committee.
3.7.1 PROVIDED THAT, before expelling a membership, the committee shall call upon such membership for a written explanation of the membership’s conduct and shall give the membership full opportunity of making explanation to the committee, or of resigning.
3.7.2 A resolution to expel a membership shall be carried by a simple majority vote by those members of the management committee present and voting on the resolution.
3.8 Data Protection Action
Membership of the Association and acceptance of these rules by the membership will be deemed to constitute consent to the holding of relevant personal data for the purposes of the Data Protection Act 1984.
4. MANAGEMENT COMMITTEE
4.1 Constitution and Procedures
4.1.1 Constitution of the Committee
The management committee (herein referred to as ‘the Committee’) shall consist of the officers, ex officio, and not more than eight persons of the Association elected at the annual general meeting each year to hold office until the next annual general meeting.
4.1.2 Candidates for Election to the Committee
Candidates for election to the committee (not being officers of the Association) shall be those members of the retiring committee eligible to offer themselves for re-election and such other fully paid up persons from a membership whose nominations (duly proposed and seconded in writing by memberships of the Association) with their consent shall have been received by the secretary at least twenty eight days before the date of the annual general meeting in each year.
4.1.3 Election of Committee by Ballot
If the number of candidates for election is greater than the number of vacancies to be filled then there shall be a selection by show of hands of those present at AGM.
4.1.4 No Contest for Election
If the number of candidates for election is equal or less than the number of vacancies to be filled then all candidates shall be deemed to be elected if two thirds of those present at the annual general meeting, and entitled to vote, vote in favour of such election.
4.1.5 Equality of Votes
In the event of the failing to determine the members of the Committee because of an equality of votes the candidate or candidates to be elected from those having an equal number of votes shall be determined by lot.
4.1.6 Casual Vacancy
If, for any reason, a casual vacancy shall occur, the Committee may co-opt a fully paid up member from a membership to fill such vacancy until the next following annual general meeting.
4.1.7 Retiring Chairman Ex Officio
A retiring chairman may serve as an ex officio member of the committee in the year immediately following his retirement.
4.1.8 Committee Meetings
The committee shall try to meet at least every three months making such arrangement as to the conduct, place of assembly and holding of such meetings as it may wish. The chairman or, in his absence, a chairman elected by those present shall preside.
4.1.9 Voting at Committee
Voting (except in the case of a resolution relating to the expulsion of a membership) shall be by show of hands. In the case of equality of votes the chairman shall have a second and casting vote.
4.1.10 Quorum
Three members personally present shall form a quorum at a meeting of the committee.
4.2 Powers of The Committee
4.2.1 Management of Association by Committee
The committee shall manage the affairs of the Association according to the rules and shall cause the funds of the Association to be applied solely to the objects of the Association or for a benevolent or charitable purpose nominated by general meeting.
4.2.2 Appointment of Sub-Committees
The committee may appoint such sub-committees as it may deem necessary and may delegate such of its powers as it may think fit upon such terms and conditions as shall be deemed expedient and/or required by the law. Such sub-committees shall consist of such members of the committee or of the Association as the committee thinks fit. Officers of the Association shall be ex officio members of all such sub-committees.
4.2.3 Limitation of Members’ Liability
The committee or any person or sub-committee delegated by the committee to act as agent for the association or its memberships, shall enter into contracts only so far as expressly authorised, or authorised by implication, by the memberships. No one shall, without the express authority of the membership in general meeting, pledge the credit of the membership.
4.2.4 Memberships’ Indemnification of Committee
In pursuance of the authority vested in the committee by memberships of the Association. members of the committee are entitled to be indemnified by the memberships of the Association against any liabilities properly incurred by them or any one of them on behalf of the Association wherever the contract is of a duly authorised nature or could be assumed to be of a duly authorised nature and entered into on behalf of the Association. The limit of an individual memberships indemnity in this respect shall be a sum equal to one year’s subscription at the then current rate of membership unless the committee has been authorised to exceed such limit by a general meeting of the Association.
5. MEETINGS OF THE ASSOCIATION
5.1 Annual General Meeting
An annual general meeting of the Association shall be held each year around Easter on a date to be fixed by the committee and shall in no case be earlier than 15 March. The secretary shall, at least forty two days before the date of such meeting or of any general meeting as hereinafter mentioned, e-mail, post or deliver to each member notice thereof and of the business to be brought forward thereat including the agreed membership fee for the following year.
5.2 Business at Annual General Meeting
No business, except the passing of the accounts, election of the officers, committee, membership fees and any business that the committee may order to be inserted in the notice convening the meeting shall be discussed at such meeting unless notice thereof be given in writing by a membership entitled to vote to the secretary at least twenty eight days before the date of the annual general meeting.
5.3 Special General Meeting
The committee may at any time, upon giving twenty-one days notice in writing, call a general meeting of the Association for any special business, the nature of which shall be stated in the summons convening the meeting, and the discussion at such meeting shall be confined to the business stated in the notice sent to memberships.
5.4 General Meeting upon Request of Memberships
The committee shall similarly call a general meeting upon a written request addressed to the secretary by at least ten memberships. The discussion at such meeting shall be confined to the business stated in the notice sent to memberships.
5.5 Chairman at Meetings
At every meeting of the Association the chairman or, in his absence, a chairman elected by those present shall preside.
5.6 Quorum
Ten memberships entitled to vote and personally represented by the registered person shall form a quorum at any general meeting of the Association
5.7 Entitlement to Vote at Meetings
Only the nominated person from a fully paid up membership shall vote at any meeting of the Association. Other persons from a membership may attend, but are not entitled to vote.
5.8 Voting at Meetings
Voting, except when necessary to do otherwise, shall be by show of hands.
5.9 Equality of Votes
In the case of an equality of votes the chairman shall have a second or casting vote on any matter other than the election of members of the committee.
5.10 Voting on Rule Changes
On any resolution properly put to a meeting of the Association relating to the creation, repeal or amendment of any rule of the Association such rule shall not be created, repealed or amended except by a majority not of at least two thirds of those present and entitled to vote.
6. DISSOLUTION OF THE ASSOCIATION
If, upon the winding up or dissolution of the association, there remains after the satisfaction of all its debts and liabilities any property whatsoever, the same shall not be paid to or distributed amongst the memberships of the association but shall be given or transferred to some other institution or institutions having objectives similar to the objectives of the association, such institution or institutions to be determined by the memberships of the association by resolution passed at a general meeting at or before the time of the dissolution and is and so far as, effect cannot be given to such provision then to the Royal National Lifeboat Institution.
PWLLHELI MOORING AND BERTH-HOLDERS ASSOCIATION 2005
RULES OF THE ASSOCIATION
1. Name and Objectives
2. Officers
3. Membership
4. Management Committee
5. Meetings of the Association
6. Dissolution of the Association
1. NAME AND OBJECTIVES
The NAME of the association shall be “Pwllheli Moorings and Berth Holders Association”. (Hereinafter referred to in these rules as “the Association”.)
The OBJECTIVES for which the Association is formed are to:
a) pro-actively represent the interest of memberships as mooring holders, berth holders and persons having an interest in the facilities at Pwllheli harbour area.
b) maintain contact with and support the Royal Yachting Association’s National Moorings and Marinas Panel and other Associations with similar objectives.
C) any person renting a mooring or berth in Pwllheli harbour.
d) to promote such services, facilities and events for memberships as may from time to time be determined
2. OFFICERS
2.1 Officers of the Association
The officers of the association shall be fully paid up persons from a membership of the association and shall consist of a chairman, vice chairman, secretary and treasurer. Officers shall be elected at the annual general meeting in each year and shall hold office for one year, retiring at the annual general meeting in each year. All officers of the Association shall be eligible for re-election.
2.2 Duties of the Secretary
The secretary shall:
a) keep a register of Association memberships’ nominated names and addresses.
b) conduct the correspondence of the Association.
c) keep custody of all Association documents.
d) keep full minutes of all meetings of the Association, the committee and any subcommittees, which shall be confirmed and signed by the appropriate chairman at the next following meeting of the Association, the committee or any sub-committees.
2.3 Duties of the Treasurer
The treasurer shall:
a) cause such books of account to be kept as are necessary to give a true and fair view of the state of the finances of the Association.
b) prepare an annual balance sheet to be circulated to the memberships at least twenty eight days before the date of the annual general meeting.
3. MEMBERSHIP
There shall be one category of membership with power to vote at all meetings of the Association as indicated. By being a member a member shall accept the Rules of the Association.
3.1 A membership
A membership is defined as one, two or more persons being licensees of a berth or mooring at Pwllheli marina/mooring area. Or, one, two or more persons having an active interest in sailing or motor cruising from Pwllheli marina/mooring area, such membership being subject to approval by the Committee. A membership will have one vote, pay one fee and for administration purposes only one address and name will be required. The Association will only keep one nominated record per membership.
3.2 Membership Subscription Fee
Subscriptions shall be due on the 1st day of January each year. The rate of subscription fee for the category of membership shall be proposed by the committee to the memberships at the annual general meeting the following year. Any proposed changes shall be approved by a majority of those present and entitled to vote and shall become operative on 1st January each year. There shall be no reduction in membership fee for part year membership.
3.3 Memberships’ duty to provide an up to date address
Every membership shall furnish the Secretary with an up to date nominated name, address and e-mail account which shall be recorded in the register of memberships and any notice sent, delivered or e-mailed to such address shall be deemed to have been duly delivered. Business will be conducted by e-mail whenever possible.
3.4 Application
An application for membership shall be in the form from time to time prescribed by the committee and shall include the memberships nominated name, address and e-mail account.
3.5 Payment of Fees
Membership application forms must be accompanied by the fee.
3.6 Arrears of Subscription
The committee may cancel, without notice given, any membership whose annual subscription is more than three months in arrears provided that the committee may, at its discretion, re-instate such membership upon payment of arrears. No membership whose annual payments are in arrears may vote at any meeting.
3.7 Expulsion of Membership
Any conduct, which, in the opinion of the Committee, is either unworthy of a membership or otherwise injurious to the interests of the Association, shall render that membership liable to expulsion by the committee.
3.7.1 PROVIDED THAT, before expelling a membership, the committee shall call upon such membership for a written explanation of the membership’s conduct and shall give the membership full opportunity of making explanation to the committee, or of resigning.
3.7.2 A resolution to expel a membership shall be carried by a simple majority vote by those members of the management committee present and voting on the resolution.
3.8 Data Protection Action
Membership of the Association and acceptance of these rules by the membership will be deemed to constitute consent to the holding of relevant personal data for the purposes of the Data Protection Act 1984.
4. MANAGEMENT COMMITTEE
4.1 Constitution and Procedures
4.1.1 Constitution of the Committee
The management committee (herein referred to as ‘the Committee’) shall consist of the officers, ex officio, and not more than eight persons of the Association elected at the annual general meeting each year to hold office until the next annual general meeting.
4.1.2 Candidates for Election to the Committee
Candidates for election to the committee (not being officers of the Association) shall be those members of the retiring committee eligible to offer themselves for re-election and such other fully paid up persons from a membership whose nominations (duly proposed and seconded in writing by memberships of the Association) with their consent shall have been received by the secretary at least twenty eight days before the date of the annual general meeting in each year.
4.1.3 Election of Committee by Ballot
If the number of candidates for election is greater than the number of vacancies to be filled then there shall be a selection by show of hands of those present at AGM.
4.1.4 No Contest for Election
If the number of candidates for election is equal or less than the number of vacancies to be filled then all candidates shall be deemed to be elected if two thirds of those present at the annual general meeting, and entitled to vote, vote in favour of such election.
4.1.5 Equality of Votes
In the event of the failing to determine the members of the Committee because of an equality of votes the candidate or candidates to be elected from those having an equal number of votes shall be determined by lot.
4.1.6 Casual Vacancy
If, for any reason, a casual vacancy shall occur, the Committee may co-opt a fully paid up member from a membership to fill such vacancy until the next following annual general meeting.
4.1.7 Retiring Chairman Ex Officio
A retiring chairman may serve as an ex officio member of the committee in the year immediately following his retirement.
4.1.8 Committee Meetings
The committee shall try to meet at least every three months making such arrangement as to the conduct, place of assembly and holding of such meetings as it may wish. The chairman or, in his absence, a chairman elected by those present shall preside.
4.1.9 Voting at Committee
Voting (except in the case of a resolution relating to the expulsion of a membership) shall be by show of hands. In the case of equality of votes the chairman shall have a second and casting vote.
4.1.10 Quorum
Three members personally present shall form a quorum at a meeting of the committee.
4.2 Powers of The Committee
4.2.1 Management of Association by Committee
The committee shall manage the affairs of the Association according to the rules and shall cause the funds of the Association to be applied solely to the objects of the Association or for a benevolent or charitable purpose nominated by general meeting.
4.2.2 Appointment of Sub-Committees
The committee may appoint such sub-committees as it may deem necessary and may delegate such of its powers as it may think fit upon such terms and conditions as shall be deemed expedient and/or required by the law. Such sub-committees shall consist of such members of the committee or of the Association as the committee thinks fit. Officers of the Association shall be ex officio members of all such sub-committees.
4.2.3 Limitation of Members’ Liability
The committee or any person or sub-committee delegated by the committee to act as agent for the association or its memberships, shall enter into contracts only so far as expressly authorised, or authorised by implication, by the memberships. No one shall, without the express authority of the membership in general meeting, pledge the credit of the membership.
4.2.4 Memberships’ Indemnification of Committee
In pursuance of the authority vested in the committee by memberships of the Association. members of the committee are entitled to be indemnified by the memberships of the Association against any liabilities properly incurred by them or any one of them on behalf of the Association wherever the contract is of a duly authorised nature or could be assumed to be of a duly authorised nature and entered into on behalf of the Association. The limit of an individual memberships indemnity in this respect shall be a sum equal to one year’s subscription at the then current rate of membership unless the committee has been authorised to exceed such limit by a general meeting of the Association.
5. MEETINGS OF THE ASSOCIATION
5.1 Annual General Meeting
An annual general meeting of the Association shall be held each year around Easter on a date to be fixed by the committee and shall in no case be earlier than 15 March. The secretary shall, at least forty two days before the date of such meeting or of any general meeting as hereinafter mentioned, e-mail, post or deliver to each member notice thereof and of the business to be brought forward thereat including the agreed membership fee for the following year.
5.2 Business at Annual General Meeting
No business, except the passing of the accounts, election of the officers, committee, membership fees and any business that the committee may order to be inserted in the notice convening the meeting shall be discussed at such meeting unless notice thereof be given in writing by a membership entitled to vote to the secretary at least twenty eight days before the date of the annual general meeting.
5.3 Special General Meeting
The committee may at any time, upon giving twenty-one days notice in writing, call a general meeting of the Association for any special business, the nature of which shall be stated in the summons convening the meeting, and the discussion at such meeting shall be confined to the business stated in the notice sent to memberships.
5.4 General Meeting upon Request of Memberships
The committee shall similarly call a general meeting upon a written request addressed to the secretary by at least ten memberships. The discussion at such meeting shall be confined to the business stated in the notice sent to memberships.
5.5 Chairman at Meetings
At every meeting of the Association the chairman or, in his absence, a chairman elected by those present shall preside.
5.6 Quorum
Ten memberships entitled to vote and personally represented by the registered person shall form a quorum at any general meeting of the Association
5.7 Entitlement to Vote at Meetings
Only the nominated person from a fully paid up membership shall vote at any meeting of the Association. Other persons from a membership may attend, but are not entitled to vote.
5.8 Voting at Meetings
Voting, except when necessary to do otherwise, shall be by show of hands.
5.9 Equality of Votes
In the case of an equality of votes the chairman shall have a second or casting vote on any matter other than the election of members of the committee.
5.10 Voting on Rule Changes
On any resolution properly put to a meeting of the Association relating to the creation, repeal or amendment of any rule of the Association such rule shall not be created, repealed or amended except by a majority not of at least two thirds of those present and entitled to vote.
6. DISSOLUTION OF THE ASSOCIATION
If, upon the winding up or dissolution of the association, there remains after the satisfaction of all its debts and liabilities any property whatsoever, the same shall not be paid to or distributed amongst the memberships of the association but shall be given or transferred to some other institution or institutions having objectives similar to the objectives of the association, such institution or institutions to be determined by the memberships of the association by resolution passed at a general meeting at or before the time of the dissolution and is and so far as, effect cannot be given to such provision then to the Royal National Lifeboat Institution.
