CONSTITUTION

1. Club Name & Flags

The Club shall be known as East Anglian Cruising Club (hereinafter to be referred to as “the Club”). The Club Burgee shall be the East Anglian Flag in pennant form (cross of St. George superimposed by the shield of St. Edmund, i.e. the blue shield with three golden Edwardian Crowns). The Skipper’s flag shall be square, with swallow tails. The Mate’s flag shall be square, with swallow tails, but defaced in top white square next mast with a blue ball. Second Mate’s flag shall be square, with swallow tails, but defaced in top white square next mast with two blue balls.

 

2. Purpose

The purposes of the Club are to encourage participation, provide facilities and to promote the amateur sport of sailing in the Norfolk Broads and the wider community.

 

3. Membership

(a) Membership of the Club shall be open to anyone interested in the sport regardless of sex, age, disability, ethnicity, nationality, sexual orientation, religion or other beliefs.

(b) Any person who wishes to become a member shall submit a signed membership application form accompanied by the appropriate subscription to the Membership Secretary. The application will then be submitted to and considered at the next convenient Committee meeting and new members shall be admitted by the Committee on a simple majority of votes in favour

(c) Honorary Members may be appointed by a unanimous vote of the Committee.

(d) The Club may at its discretion have different classes of membership and subscription which shall be non-discriminatory and created on a fair basis. The Club will set subscriptions at levels that will not pose a significant obstacle to people participating.

(e) The Committee may refuse or terminate any members membership if in the opinion of the committee a member has by their conduct or behaviour brought or be likely to bring the Club or sport of sailing into disrepute. Appeal against refusal or termination may be made to the members of the Club at the next Annual General Meeting [AGM] following any refusal to grant or termination of membership which may be ratified or set aside on a simple majority of votes of members there present.

 

4. Subscriptions

(a) The annual subscription payable to the Club shall be set by the Committee from time to time but shall not come into effect following any change in the amounts payable for each class of membership until ratified by a vote of the members at an AGM. Subscriptions shall be due and payable not later than 1st March each year.

(b) Members joining after 31st August in any year shall pay their relevant annual subscription immediately upon joining. Membership will then be valid for the whole of the following membership year.

(c) Family membership shall include children until such time as they leave full time education.

(d) Any member whose subscription is more than twelve months in arrears may have their names removed from the list of members at the discretion of the Committee.

 

5. Management

(a) The management of the Club shall be vested in the Committee which shall consist of the Skipper, Mate, Second Mate, Secretary, Treasurer and Membership Secretary, who shall be Officers of the Club and a maximum of twelve other members. The Officers and members of the committee shall be elected annually at the AGM and shall remain in office until the conclusion of the AGM of the following year..

(b) Five Officers or Committee members being in attendance, of whom one shall be either the Skipper, the Mate or the Secretary who will act as chairman, shall constitute a quorum for a Committee meeting to take place .

(c) The Committee shall have the power to fill vacancies if they arise and to co- opt members for particular projects. Co-opted members shall not have a Committee vote.

(d) The Committee shall have the power to establish any sub Committee deemed appropriate to assist in meeting the Club’s objectives and to delegate to these sub Committees such duties as may be considered appropriate.

(e) The Committee shall have the power to appoint individuals to perform such duties as they consider appropriate on its behalf.

 

6.  Annual General Meeting [AGM] 


(a) An AGM shall be convened in either November or December each year.

(b) At least 21 days notice shall be given to members of the date, venue and agenda items for the meeting

(c) All registered members of the Club at the meeting who are aged 18 years or more shall have one vote. In the case of an equality of votes the Chairman will have a second, casting, vote. Voting shall be by a show of hands except where the Chairman decides voting shall be by ballot.


(d)The AGM will:

            (i)  Receive the annual report of the Skipper.

            (ii)  Receive the financial statements and the Treasurer’s report.

           (iii) Elect Officers and Committee members for the ensuing year.   

           (iv) Transact any other notified business.

 

7. Extra-Ordinary General Meeting 


(a) An EGM may be called by the Committee to discuss changes to the Constitution and Rules or any other Club business too urgent to wait for the AGM. 


(b) An EGM must be called if 12 members so petition the Secretary in writing.


(c) Three weeks notice of an EGM must be given to the all members by email or in writing together with the motion/s to be discussed. No other business shall be conducted.


(d) Procedures for voting shall be as used for the AGM.

 

8. Finance

(a) The financial year of the Club shall end on 31st October. 

(b) All funds belonging to the Club shall be deposited with a bank or building society in accounts that shall carry the Club title. Accounts shall operate on the signatures of the Treasurer and one other Committee member.

(c) The Committee shall set budgets for Club expenditure which shall not be exceeded without its further authority.

 

9. Property, Activities and Indemnities

(a) The property and funds of the Club shall not be used for the direct or indirect private benefit of any member save as allowed by the Rules and all surplus income shall be reinvested in the Club.

(b) The Club may provide sporting and related social facilities, sporting equipment, coaching, courses, insurance cover, medical treatment, travel expenses and other ordinary benefits of Community Amateur Sports Clubs as provided for in the Finance Act 2002.

(c) The Club may in connection with its activities:

(i) Sell and supply food, drink, promotional material, sports clothing and equipment.

(ii) Employ members and remunerate them for providing goods and services on reasonable terms save that such members shall not vote on such matters or attend the relevant part
of any meeting held to discuss such an arrangement.

(iii) Pay for reasonable hospitality for visiting guests;

(d) The Club shall indemnify the Committee and members acting properly in the course of running of the Club against any liability incurred in connection therewith, such indemnity being limited to the value of the assets of the Club and to any relevant policy of insurance held for the purpose. It shall be accepted that there shall be no obligation upon the club to insure such actions of its members.

(e) The Committee will have due regard to the laws on sexual and disability discrimination and child protection.

 

10. Trustees

(a) There shall be at least two Trustees of the Club who shall be nominated from time to time as necessary by the Committee from among Adult or Honorary Members of the Club.

(b) A Trustee may hold office during their lifetime or until resignation upon notice in writing to the Committee or until the passing of a resolution at a meeting of the Committee by a majority comprising two-thirds of its members entitled to vote removing the Trustee from office.

(c) All property and assets of the Club shall be held in trust for the benefit of the Club in the joint names of the Trustees for the time being, so far as is appropriate and practicable.

(d) Upon a Trustee’s death, resignation or removal from office the Committee shall nominate a new Trustee as soon as practicable and thereafter without unnecessary delay procure the vesting of all Club property and assets in the new Trustees.

(e) For the purposes of giving effect to any Trustee appointment the Club Secretary for the time being is hereby nominated as the person to appoint Trustees of the Club within the meaning of Section 36 of the Trustees Act 1925 and he or she shall by Deed duly appoint the person or persons nominated by the Committee.

(f) The Trustees shall, in regard to all Club property and assets vested by them, act in accordance with the reasonable directions of the Committee and shall upon receipt of its instructions (which shall be duly recorded in the Minutes of the proceedings of the Committee) have the power to sell, lease, mortgage or pledge any Club property and assets so held for the purpose of raising or borrowing money for the Club’s benefit in compliance therewith. No purchaser, lessee or mortgagee shall be concerned to enquire whether any such direction has been given.

(g) Trustees shall be indemnified by the Club, subject to the same limitations as at paragraph 9(d) above against any liability, costs, expenses and payments whatsoever which may be properly incurred in the reasonable and proper exercise of their duties or in relation to any property and assets of the Club vested in them, or any legal proceedings, or matters that otherwise relate directly or indirectly to the performance of the functions of a Trustee of the Club.

 

11. Winding Up

(a) The Club may be wound up if not less than three quarters of the members present at an AGM or EGM and entitled to do so vote in support of a properly constituted proposal to wind it up.

(b) In the above circumstances the Committee shall conduct the orderly winding up of the Club’s affairs and after settling all its liabilities the Committee shall dispose of the property and assets remaining to one or more of the following:

(i) To another Club with similar sports purposes which is a registered charity and/or

(ii) To another Club with similar sports purposes which is a registered CASC and/or

(iii) To the Club’s national governing bodies for use by them for related community sports.

 

12. Alterations to the Constitution

This Constitution may only be altered upon the passing of an appropriate resolution by two-thirds of those present and voting at an AGM, or at an EGM convened for the purpose.

 

13. Priority

Interpretation of all the above rules shall be consistent with the statutory requirements for CASCs (which means Community Amateur Sports Clubs as first provided for by the Finance Act 2002).

 

Date 9th December 2011(amended 6th December 2014)