Constitution 1 of 3

1. Constitution 1


Torbay Sharks Club Constitution

(UNINCORPORATED CLUB NOT QUALIFYING AS A COMMUNITY AMATEUR SPORTS CLUB)

1.

The Club, established in 2002, is called Torbay Sharks Rugby Football Club ("the Club").

2.Definitions

2.1"the Chairman"means the person elected from time to time to be the chairman of the Club in accordance with Rule 9;

"Constituent Body"the Constituent Body of the RFU to which the Club is from time to time affiliated which at the date of adoption of these Rules is (subject to acceptance The Devon Rugby Football Union)

"The Honorary Secretary"means the person elected from time to time to be the honorary secretary of the Club in accordance with Rule 9;

"The Honorary Treasurer"means the person elected from time to time to be the honorary treasurer of the Club in accordance with Rule 9;

"The IRB"means the world governing body for rugby union, which at the date of adoption of these Rules is the International Rugby Board;

"The Officers"means the management committee

"The Management Committee"means the committee appointed under Rule 9 to manage the Club;

"The Members"means the members of the Club admitted from time to time to membership of the Club in accordance with Rule 5;

"The President"means the person elected from time to time to be the president of the Club in accordance with Rule 9;

"The RFU"means the Rugby Football Union (an Industrial & Provident Society with registered number 27981R which is the governing body of rugby union within England) of Rugby House, Rugby Road, Twickenham, Middlesex TW1 1DS;

2.2Words denoting the singular number include the plural number and vice versa; words denoting the masculine gender include the feminine gender;

3.Objects

The objects of the Club are:

(a)To provide rugby union, social and other activities and generally to encourage and facilitate the playing of rugby union;

(b)To promote, improve, develop and support the interests of rugby union;

(c)To offer such other benefits to its Members as it shall think fit;

(d)to obtain funding for the activities of the Club by collecting entrance fees, membership subscriptions, and match fees, by obtaining sponsorship and other available funding;

(e)To affiliate to the RFU, (through the membership of the Club's nominee to the RFU, such nominee to be the Honorary Secretary or another officer of the Club approved by the RFU), and to affiliate to the Constituent Body designated to it by the RFU;

(f)To comply with and uphold the Rules and Regulations of the Constituent Body, the RFU and the IRB as amended from time to time and the rules and regulations of any body to which the RFU is affiliated;

(g)to make rules, regulations, bye-laws and standing orders concerning the operation of the Club including, without limitation, regulations concerning disciplinary procedures that may be taken against the Members;

(h)to discipline the Members where permitted by its rules/regulations and to refer its Members to be disciplined by the RFU or the Constituent Body (as appropriate) where so required by the Rules and Regulations of the RFU or the Constituent Body (as the case may be);

(i)To make donations or offer support to rugby union clubs which are charities or community amateur sports clubs;

(j)To do all such other things as the Management Committee thinks fit to further the interests of the Club or to be incidental or conducive to the attainment of all or any of the objects stated in this Rule 3.

4.Application of Surplus Funds

4.1The Club is a non-profit distributing organisation. All surpluses will be used to maintain or improve the Club's facilities and in furtherance of the Club's objects. No surplus will be distributed other than to the Members on winding-up or dissolution of the Club.

4.2Nothing in Clause 4.1 shall prevent the Club from entering an agreement with a Member for his employment by the Club, provided that such arrangements are approved by the Management Committee (without the Member being present) and are agreed with the Member on an arm's length basis. If a Member is to be employed by the Club and the person concerned is also a member of the Management Committee or a Trustee, any remuneration, salary, fees or benefit in money or money's worth paid to such Member (or someone connected to him) by the Club for discharging his duties as such must:

(i)Be fixed having regard to the current remuneration of officers in comparable posts;

(ii)Not exceed the general market rate for officers providing comparable services; and

(iii)not to any extent be determined by or conditional upon the profits or losses derived from some or all of the activities of the Club or by reference to the level of the Club's gross income from some or all of its activities

Nothing herein shall prevent the Club from entering an agreement with a Member for the supply by him to the Club of goods or services, nor prevent any payment in good faith by the Club:

(a)Of interest on money lent by a Member or its officers at a commercial rate of interest;

(b)To any officer, committee or sub committee member of reasonable and proper out of pocket expenses;

(c)Of reasonable and proper rent for premises demised or let by any Member or by any officer; or

(d)of any premium in respect of the purchase and maintenance of indemnity insurance in respect of liability for any act or default of the officers (or any of them) in relation to the Club.

4.3No Member shall be paid a salary, bonus fee or other remuneration for playing for the Club.

5.Membership

5.1Eligibility for membership

5.1.1Persons of either sex are eligible for Full membership of the Club provided they are at least 18 years old. No person shall be denied membership of the Club on the grounds of race, ethnic origin, creed, colour, age, disability, sex, occupation, sexual orientation, religion, political or other beliefs.

5.1.2Persons below the age of 18 may be elected as Junior Members without the right to hold office or vote at general meetings.

5.1.3The number of Members is unlimited.

5.2Admission of Members

Any person who wishes to become a Member must submit an application in such form as the Management Committee shall decide. Every candidate for membership shall be considered by the Management Committee, which shall, in its absolute discretion, decide whether to admit that candidate as a Member. A person shall not be entitled to any privileges of the Club until two days have passed since his application for membership was submitted, whether or not he is admitted as a Member before those two days have lapsed.

5.3Classes of Members

There shall be the following classes of members for the Club:

Full Member
Non-Playing Member
Junior Member

Only Full Members shall be entitled to receive notice of, attend and vote at general meetings. The other Members shall be entitled to all the other privileges of membership other than the right to receive notice of, attend and vote at general meetings.

All Members shall be subject to these Rules and the regulations of the Club and respect the rules of the game of Rugby Union as set from time to time by the IRB.

5.4Subscriptions

5.4.1The entrance fee and annual subscription for each type of Member shall be determined from time to time by the Management Committee.

5.4.2The Members shall pay any entrance fee and annual subscription fees set by the Management Committee from time to time.

5.4.3No candidate who has been elected a Member shall be entitled to the privileges of membership until he has paid the entrance fee (if any) and his first annual subscription.

5.4.4Any Member whose entrance fee or subscription is not paid by more than six months in arrears shall be deemed to have resigned his membership of the Club.