Constitution | Marshals North West

Issue 3 adopted on the 04 September 2014

1 Name

The name of the Club is Marshals North West or other such name as the Committee may from time to time decide.

2 Objects

The Objects of the Club (‘the Objects’) are to encourage, facilitate and participate in marshalling and related official capacities at motorsport competition meetings and to organise and promote motorsport competition meetings.

3 Membership

3.1 Membership of the Club shall be open to any person who is interested in furthering the Objects of the Club. Any person under the age of 18 may become a member only with the written consent of his or her parent or guardian who shall also be present at any race meetings attended by such person. The Committee may refuse membership to any person without being required to give any reason for their decision.

3.2 Membership shall commence on receipt by the Committee of the member’s acceptance in writing of this Constitution as amended from time to time and payment of the annual subscription.

3.3 The annual subscription as fixed from time to time by the Committee shall be due on joining the Club and thereafter on the first day of the month determined by the Committee each year. Membership shall continue as long as the member has paid the annual subscription within 90 days of the due date. Members of the Committee and Honorary Life Members shall be deemed to have paid the annual subscription.

3.4 Any member may be elected at the Annual General Meeting to Honorary Life Membership in recognition of distinguished service to the Club. Nominations for election to Honorary Life membership shall be made and seconded by members of the Club in writing to the Secretary not less than 7 days before the Annual General Meeting and election shall be by ballot of the members present at the meeting.

3.5 The Committee may for good reason and without being called upon to state the reason to anyone except the person concerned terminate the membership of any member, provided that the person or member concerned shall have the right to be heard by the Committee, accompanied by a friend or representative, before the final decision is made.

4 Administration

4.1 The Club and its property shall be administered and managed in accordance with this Constitution by the members of the Management Committee (‘the Committee’). Members of the Committee shall act in the interests of the Club

4.2 The members of the Committee and the periods for which these positions are held shall be:

President 5 years
Vice-President 5 years
Chairman 2 years
Vice Chairman 2 years (alternating with Chairman)
Secretary 2 years (alternating with Chairman)
Treasurer 2 years
Quartermaster 2 years

4.3 Members of the Committee shall be elected from current members of the Club aged 18 or over. Elections to those positions becoming vacant shall be held at each Annual General Meeting of the Club and such members of the Committee shall hold office from the conclusion of that meeting.

4.4 In the event of a position on the Committee becoming vacant before the end of the prescribed period of office in that position an election of a replacement to the vacant position shall be held at an Emergency General Meeting of the Club and such member of the Committee shall hold office from the conclusion of that meeting.

4.5 Nominations for election to the Committee shall be made and seconded by members of the Club in writing to the Secretary not less than 7 days before the Annual General Meeting. Each nominee shall confirm in writing his or her willingness to stand and the nomination shall be deemed valid only if the nominee is present at the Annual General Meeting, or has tendered his or her written apology together with confirmation that he or she is prepared to accept the nomination. Acceptance of the nomination shall be deemed to be a declaration of willingness to act in the interests of the Club if elected to the Committee. Should nominees exceed vacancies, election shall be by a vote by the members present at the meeting.

4.6 Members of the Committee act as the agents of the members of the Club and the members of the Committee are hereby indemnified by the members of the Club aged 18 or over against all liabilities properly incurred by them in the management of the affairs of the Club.

5 Powers of the Committee

5.1 In furtherance of the Objects but not otherwise the Committee may exercise the following powers:

raise funds and to invite and to receive contributions provided that in raising funds the Committee shall not undertake any substantial permanent trading activities;
buy, take on lease or in exchange any property necessary for the achievement of the Objects and to maintain and equip it for use;
sell, lease or dispose of all or any part of the property of the Club;
make payments to cover authorised expenses incurred by any member on Club business;
co-operate with other clubs and bodies for the achievement of the Objects;
seek and to maintain affiliation to the relevant governing body for motorcycle sport;
organise and promote motorsport competition meetings;
support any charitable trusts, associations or institutions relevant to all or any of the Objects;

5.2 The Committee shall have power to make, repeal and amend byelaws, rules, standing orders or other regulations as they may from time to time consider necessary for the administration and management of the Club which by-laws, rules, standing orders or other regulations, repeals and amendments shall have effect until set aside by the Committee or at a General Meeting. No byelaw, rule, standing order or other regulation may be made which is inconsistent with this constitution.

5.3 The Committee shall ensure that at all times the Committee members comply with all legal requirements in force from time to time and any rules appertaining to the conduct of the activities being undertaken.

5.4 The Committee may unanimously and for good reason terminate the position on the Committee of any member of the Committee, provided that the member concerned shall have the right to be heard by the Committee, accompanied by a friend or representative, before the final decision is made.

6 Receipts and Expenditure

6.1 All receipts shall be paid into an account operated by the Committee in the name of the Club at such bank or building society as the Committee shall from time to time decide. The Club may operate more than one bank account.

6.2 No sum shall be drawn from the Club’s bank accounts except by cheque signed by two of the three authorised signatories who shall be the Chairman, Secretary and Treasurer or by Bank Transfer instructed by any one of the authorised signatories which has previously been approved in writing by any one other of the authorised signatories.

6.3 The funds belonging to the Club shall be applied only in furthering the Objects.

6.4 The financial year of the Club shall be the period of twelve months ending on the last day of the month preceding the Annual General Meeting.

6.5 A record of all receipts and expenditure by the Club shall be maintained by the Treasurer in such manner as the Committee thinks fit. The Treasurer shall present the report and accounts of the Club for the preceding quarter to quarterly General Meetings and for the preceding financial year to each Annual General Meeting.

6.6 The Committee shall retain all financial records relating to the club for a minimum period of six years.

7 Meetings

7.1 A General Meeting of the Club shall be held each month on the date to be specified by the Committee. Not less than 21 days notice shall be given. The Committee may call an Extraordinary General Meeting of the Club at any time. If not less than 20% of the Club membership or 10 members, whichever is less, request such a meeting in writing stating the business to be considered the Secretary shall call such a meeting. Not less than 21 days notice of the Extraordinary General Meeting stating the business to be discussed shall be given.

7.2 An Annual General Meeting of the Club shall be held each year on the first Thursday in November or date specified by the Committee. Each Annual General Meeting shall be called by the Committee. The Secretary shall give not less than 21 days’ notice of the Annual General Meeting to all the members of the Club. All members of the Club shall be entitled to attend and vote at the meeting.

7.3 Procedure at Meetings

The Chairman of the Club then in office shall be the chairman of each meeting, but if the Chairman is not present the Vice-Chairman of the Club then in office shall be the chairman of the meeting and if neither is present the members present shall appoint a chairman of the meeting before any further business is transacted.
The Secretary or other member appointed by the chairman of the meeting shall keep a full record of proceedings at each meeting of the Club. A copy of the minutes shall be issued to each member. The Committee shall retain copies of Minutes of all meetings for a minimum period of six years.
There shall be a quorum when not less than four members are present at any General Meeting and not less than two members of the Committee for the time being are present at any meeting.
If after 30 minutes from the time stated for the commencement of the meeting there are still insufficient members present to form a quorum, the meeting shall be adjourned to another time and place. The adjourned meeting shall take place within 42 days of the date of the original meeting, or as soon after as is practicable.
If at the adjourned meeting there are insufficient members present to form a quorum, the meeting will proceed after a delay of 30 minutes unless sufficient members are present before that time to form a quorum.
Each member aged 18 or over present at any meeting shall have one vote on any resolution put to the meeting. Each resolution shall be decided by a majority of votes but in the case of a tied vote the chairman of the meeting shall have a second and casting vote.

8 Notices

Any notice required to be served on any member of the Club shall be in writing and shall be served by the Secretary or the Committee on such member either personally, by email to his or her last known email address, or by sending it through the post in a prepaid letter addressed to the member at his or her last known address in the United Kingdom, and any letter so sent shall be deemed to have been received within 7 days of emailing or posting.

9 Alteration to the Constitution

The constitution may be altered by a resolution supported by not less than two-thirds of the members present and voting at the Annual General Meeting or at an Extraordinary General Meeting. Any proposal of a resolution for an alteration to the Constitution shall be made by a member of the Club in writing to the Secretary. The notice of the Annual or Extraordinary General Meeting at which the resolution is to be proposed shall include notice of the resolution, setting out the terms of the alteration proposed.

10 Dissolution

10.1 If the Committee decides that it is necessary or advisable to dissolve the Club the Secretary shall call an Extraordinary General Meeting of the Club. Not less than 21 days notice stating the terms of the resolution to be proposed shall be given.

10.2 If the proposal is supported by two-thirds of those present and voting the Committee shall have power to realise any assets held by or on behalf of the Club.

10.3 Any assets remaining after the satisfaction of any proper debts and liabilities shall be given or transferred to such other institution or institutions having Objects similar to the Objects of the Club or to a charity or charities relevant to all or any of the Objects of the Club as the members of the Club may determine.

This constitution supercedes all and any previous constitution, byelaws, rules, standing orders or other regulations of the Club and was adopted at the General Meeting held on the date shown above.