Our Constitution

CHRISTCHURCH MARATHON CLINIC INCORPORATED
CONSTITUTION

PRELIMINARY AND OBJECTS

1. The name of the Clinic shall be the CHRISTCHURCH MARATHON CLINIC INCORPORATED and referred to hereafter as ‘the CLINIC’.

2. The objects of the Clinic shall be:
A.    to foster and encourage running as a recreational sport.
B.    in particular to encourage half marathon and full marathon runners to achieve their aims.

MEMBERSHIP CONSTITUTION

3. Membership shall be by written application confirmed by a majority of the committee.

3:1:1 “Membership  shall be by written application confirmed by a majority vote of the “Officers of the Clinic” as prescribed in Clause 8”

3.2.1 Life Members – Life Members may be elected by reason of outstanding service rendered to the Christchurch Marathon Clinic.”

3.2.2 Nomination of Life Members – nominations for Life Membership must be made by current financial members (a nominator and seconder) on the prescribed form.

3.2.3 Appointment of Life Member – a nomination for Life Membership must be unanimously approved by the “Officers of the Clinic” as prescribed in Clause 8.

3.2.4 Privileges of Life Member – upon appointment, a Life Member shall be entitled to –

(i) receive a suitable memento recognising the status of the member
(ii) free membership of the Christchurch Marathon Clinic

4. Any person ceases to be a member on the acceptance of his or her resignation by the Committee. The membership of a person may be terminated by resolution of the Committee.

5. A Register of Members shall be kept by the Secretary and made available only to Officers of the Clinic.

6. Every member of the Clinic shall pay a subscription.

7. The amount of the subscription shall be set at the Annual General Meeting.

OFFICERS

8. The Officers of the Clinic shall consist of a President, a Vice-President, a Secretary, a Treasurer, and up to ten (10) other committee persons (herein referred to as ‘the office holders’) who shall together form the Committee. The Committee shall have the power to co-opt above that number where necessary.

ANNUAL GENERAL MEETING

9. At the Annual General Meeting of the Clinic, at which the President or his nominee shall preside, all the Office Holders shall retire but be eligible for re-election.

10. Candidates for election as Office Holders shall be proposed and seconded at the Annual General Meeting and if nominations exceed vacancies, a vote, either by a show of hands or by a secret ballot, of financial members present at such meeting shall be taken.

11. Any vacancy occurring in the positions of Office Holders during the year may be filled by a nominee of the Committee.

12. The Office Holders shall remain in office until the conclusion of the Annual General Meeting at which their successors are elected.

THE COMMITTEE

13. The Committee shall manage the affairs of the Clinic and act for the general benefit of members.

14. The Committee shall have the power to make, amend or rescind by-laws.

15. At meetings of the Committee, six shall form a quorum.

16. The Committee shall control the Clinic’s finances in such a manner as they shall think fit.

16:1:1    No member or person associated with a member of the organization shall derive income, benefit or advantage from the organization where they can materially influence the payment of the income, benefit of advantage.
Any such income paid shall be reasonable and relative to that which would be paid in an arm’s length transaction (being the open market value). The provisions and effects of this clause shall not be removed this document and shall be included and implied into any document replacing this document.

SECRETARY, TREASURER AND AUDITOR

17. The Secretary shall perform such duties as are requested by the Committee.

18. All monies shall be paid to the Treasurer. He/she shall keep proper books of account and be empowered to open accounts in the name of the Clinic into which he/she shall deposit all monies received by him/her for the Clinic and all operations thereon. He/she shall submit at the Annual General Meeting a statement of the Assets and Liabilities of the Clinic as at the 31st July in every year together with an account of the Income and Expenditure for the twelve months preceding such date. Both statements are to be compiled by a member of the New Zealand Institute of Chartered Accountants who must not be an officer of the club or member of the committee. The committee or members in general meeting may request an audit or review of the financial statements. For the purpose of clarity, a compilation, review or audit engagement is as defined in the New Zealand Institute of Chartered Accountants, Engagement Standards.

GENERAL MEETINGS AND VOTING

19. The Annual General Meeting of the Clinic shall be within two months of 31st July each year.

20. Seven clear days notice must be given to members by circular advising the place, date and time of the meeting and its programme.

21. At all General Meetings at which business shall be conducted, twenty (20) shall form a quorum who shall  be presided over by the President or his/her nominee.

22. All financial members who are present at any General Meeting shall be entitled to vote, either by a show of hands or by secret ballot. In the case of equality of votes, the Chairperson shall have a casting vote.

FUNDS OF THE CLINIC

23. The income and property of the Clinic shall be applied solely towards the promotion of the objects of the Clinic.

MISCELLANEOUS

24. Any of these Rules may be added to, altered or rescinded by the vote of two-thirds of the financial members present at a General Meeting provided that such members have given twenty-eight days written notice of the proposed change. No addition to, or alteration to the personal benefit clause or winding up clause shall be approved without the benefit of the Inland Revenue Department.

25. A Special General Meeting may be called for on the reception of a requisition in writing by twenty (20) financial members.

26. The registered office of the Clinic shall be at such place as may from time to time be decided by the Committee. Notice of any change of the office shall be given to all members.

WINDING UP

27. The Clinic may be wound up voluntarily by resolution of a two-thirds majority of financial members at a General Meeting called for such a purpose.

28. Subject to the provisions of the Incorporated Societies Act 1908, and to any regulations made under the authority thereof, the voluntary winding up of the Clinic shall be governed by the same rules as the voluntary winding up of a Company under the Companies Act 1955.

28:1:1    Any property remaining shall not be paid or distributed among the members of the organization but shall be given to some other  charitable organization or body having similar aims to the objects of the first organization, or for some charitable purpose within New Zealand.

29. Upon the Clinic being wound up, the property of the Clinic after the discharge of its liabilities, shall be disposed of by a Board of trustees elected at the above meeting.

COMMON SEAL

30. The Clinic shall have a common seal kept in the custody of the Secretary and that Common Seal shall be affixed to documents only in pursuance of a resolution of the Committee and the affixing of the same attested by any two members of the Committee together with the Secretary.

This document contains the Rules of the CHRISTCHURCH MARATHON CLINIC INCORPORATED adopted at a Special General Meeting held on Saturday, April 17, 2010.

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