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South Shields & Westoe Club Ltd - Constitution

V FINANCE

17 Club Finance

17.1 The Club’s income shall be obtained annually from the subscriptions of Members, from investments and securities, from gate monies and ticket receipts from matches arranged by the Club at the Ground, from the letting of the Ground, from sponsorship and from any other available source.

17.2 The profits of the Club shall be applied only in furthering the objects of the Club. No distribution of club assets, in cash or in kind shall be made to Members or third parties but this shall not prevent donations by the Club to registered charities or to any registered Community Amateur Sports Clubs.

17.3 The Club shall not have power to receive money on deposit from Members or others.

17.4 A Financial Statement of the Club’s affairs shall be made up to 30 December in each year (or such other date as may be determined from time to time by the Club in General Meeting). An audit, where necessary in law or where the membership require, shall be carried out by a qualified auditor or, where the conditions applicable for appointing lay auditors apply, by 2 or more lay auditors, and a printed copy of the signed Financial Statement, together with the Auditors’ report thereon, shall be sent to each member with the notice calling an Annual General Meeting.

17.5 The Club may participate in a direct debiting scheme as an originator for the purpose of collecting subscriptions for any category of membership and!or any
other amounts due to the Club. In furtherance of such a scheme the Club may enter into an indemnity required by the bank upon whom direct debits are to be originated and such indemnity may be executed on behalf of the Club by the Secretary or as otherwise determined pursuant to these Rules.

18 Subscriptions

Each Member shall, according to membership category, pay to the Club on 1 April (or such other date as may be determined by the Club in General meeting) such annual subscription as the Committee may from time to time determine.

19 Match Tickets

19.1 Tickets to the Ground for matches arranged by the Club shall be under the control of the Committee and shall be sold at prices fixed by the Committee (without any provision for repurchase by the Club) to Members or as the Committee may direct, and the Committee shall allocate such tickets on an equitable basis.

19.2 Tickets to the Ground for representative and other matches for which the Ground is let shall be under the joint control of the Committee and the organisers of the match concerned.

19.3 The Committee shall have power to issue such season and other tickets, on such terms, with such privileges and to such persons as it may from time to time determine.

20 Auditors

20.1 The provisions of the Act relating to the appointment, powers, rights,
remuneration, responsibilities and duties of the Auditors shall be complied with.

20.2 The Auditors where appointed shall be entitled to attend any General Meeting and to receive all notices of and other communications relating thereto which any Member is entitled to receive, and to be heard at any General Meeting on any part of the business which concerns them as auditors.

VI STATUTORY PROCEDURES

21 Registered Office

21.1 The registered office of the Club shall be at the Ground or at such other location in England as the Committee may from time to time otherwise determine.

21.2 Notice of any change in the situation of the registered office shall be given by the Secretary to the FSA within fourteen days after the change.

22 Use of the Name of the Club

22.1 The name shall be kept painted or affixed in a conspicuous position and in letters which are easily legible on the outside of every office or place in which the activities of the Club are carried on.

22.2 The name shall be stated in legible characters in all business letters of the Club, in all notices, advertisements and other official publications of the Club, in all bills of exchange, promissory notes, endorsements, cheques and orders for money or goods purporting to be signed by or on behalf of the Club and in all bills, invoices, receipts and letters of credit of the Club.

22.3 Save with the authority of the Committee, the name of the Club shall not at any time be used by any Member in any document or advertisement issued or published by, or on behalf of or with the authority of that Member in such a way as to indicate or imply that such document or advertisement was issued or published by or on behalf of the Club or the Committee.

23 Seal

The Club shall have its name engraved in legible characters on a seal which shall be kept in the custody of the Secretary and shall be used only under the authority of the Committee which may determine who shall countersign any instrument to which the seal is affixed and unless otherwise so determined it shall be countersigned by any two of the Officers.

24 Register of Members

24.1 The Club shall keep at its registered office a Register of Members and Officers in which the Secretary shall enter the following particulars:

24.1.1 The name and address of each Member.

24.1.2 A statement of the share held by each Member and the amount paid therefore.

24.1.3 A statement of other property, if any, in the Club held by each Member whether in loans or otherwise.

24.1.4 The date on which each Member was entered into in the Register as a member and the date on which a Member ceased to be a Member.

24.1.5 The names and addresses of the Officers of the Club with the offices held by them respectively and the date on which they assumed and left office.

24.2 The Register of Members and Officers shall be so constructed that it is possible to open to inspection the particulars entered pursuant to Rules 24.1.1, 24.1.4 and 24.1.5 without also opening to inspection the other particulars entered in the Register.

25 Inspection of Books

All members and persons having an interest in the funds of the Club shall be allowed to inspect their own accounts and the particulars entered in the Register of Members and Officers other than those entered under Rules 24.1.2 and 24.1.3 at all reasonable hours at the registered office of the Club subject to such regulations as to the time and manner of such inspection as may be made from time to time by a resolution passed at a General Meeting.

26 Annual Return

26.1 Every year not later than the date provided by the Act or where the return is made up to the date allowed by the FSA not later than seven months after such date the Secretary shall send to the FSA the annual return in the form prescribed by the FSA relating to the affairs of the Club for the period required by the Act to be included in the return together with a copy of the Financial Statement of the Club with the report of the Auditors where applicable thereon for the period included in the return and a copy of each balance sheet made during that period and the Report of the Auditors where applicable on that balance sheet.

26.2 A copy of the latest annual return shall be supplied free of charge on demand to every member or other person interested in the funds of the Club.

27 Publication of Accounts

The Club shall keep a copy of the last balance sheet for the time being together with the Report made by the Auditors where applicable thereon always hung up in a conspicuous place at its registered office.

28 Registration

These Rules shall take effect on and from the date of their registration pursuant to and in accordance with the provisions of Section 2 of the Industrial and Provident Societies Act 1965.

29 Dissolution

In the event of it becoming necessary for the Members to discontinue the activities of the Club and to dissolve the Club under the provisions of the Act, its funds and property shall not be paid or distributed amongst the Members but shall be appropriated or distributed for the benefit of the governing body for the time being of the Games for use by them in community related sports or for such registered Community Amateur Sports Club or charity as may be approved by the Members in general meeting.

VII GENERAL

30 Licensing

30.1 Save for those persons who are admitted to membership under Rule 6.13 no person may be admitted to membership without an interval of at least two days between the dates of nomination and admission.

30.2 Subject to such restrictions as may be imposed from time to time by the Committee in any Regulations:

30.2.1 the Ground shall be open during such hours as the Committee may decide and intoxicating liquor shall be supplied during such hours as may be fixed by the Committee and contained in the Operating Schedule set out in the Club’s Premises Licence as required by law, but the Committee shall have power to close the Ground or any part thereof and/or to reduce the hours of supply of intoxicating liquor from time to time on affixing notice thereof on the Club’s notice board.

30.2.2 members may introduce and entertain guests at the Ground.

30.2.3 provision is hereby made for the admission to any premises on the Ground in respect of which the Club is registered under the Licensing Act 2003 (or any statutory modification or re-enactment thereof) of persons other than Members or their guests and for the sale of intoxicating liquor to them by or on behalf of the Club for consumption on such premises.

31 Continuity
For the avoidance of doubt every Member of the Club who at the date these Rules take effect pursuant to 28 holds office or position in any capacity in the Club (including the position of Life Members and Vice-Presidents) shall continue to hold the same office or position following registration. Such Members shall have the same seniority, dates of appointment, dates of retirement and the like after registration as before registration, subject only to such changes as are necessary by virtue of these Rules. The Trustees under the former Rules of the Club shall, until they have fully discharged their duties, remain as Trustees upon those of the former Rules which relate to Trustees, varied only insofar as these Rules necessarily require.

32 Indemnity
Each Officer (including under the former Rules of the Club the Trustees) and employee from time to time of the Club and each person who was or is from time to time a Member of the Committee or any Sub-Committee shall (to the extent that such person is not entitled to recover under any policy of insurance) be entitled to be indemnified out of any and all funds available to the Club, which may lawfully be so applied, against all costs, liens, charges, expenses and liabilities whatsoever incurred by such person in the execution and discharge of duties undertaken on behalf of the Club or in relation thereto, or incurred in good faith in the purported discharge of such duties, including any liability incurred in initiating, prosecuting or defending any proceedings, civil or criminal, which relate to anything done or omitted as an Officer or employee or as a Member of the Committee or any Sub-Committee as the case may be.

33 Notices

33.1 A notice may be served by the Club upon any Member, either personally or by sending it by post or fax addressed to such member at his or her registered
address as appearing in the Register of Members. A notice may also be served by the Club upon any Member by electronic communication in accordance with rules 33.2 and 33.3.

33.2 Any member who notifies the Club of an address to which the Club may send electronic communications shall be treated as having agreed to receive notice and other documents from the Club by electronic communication.

33.3 If a Member notifies the Club of his email address the club may send the Member the notice or other documents by publishing the notice or other document on a website and notifying the Member by email that the notice or other document has been published on the website.

33.4 Any notice, whether sent by post, fax or electronic communication shall be deemed to have been served on the day following that on which the letter or other communication containing the same is put into the post, sent, or otherwise despatched.

34 Arbitration

Every dispute of the type specified in Section 60 of the Industrial and Provident Societies Act 1965 or any amendment, modification or re-enactment thereof (not being one in respect of which the decision falls to be made in some other way under these Rules) shall be referred to the arbitration of a single arbitrator (pursuant to the Arbitration Act for the time being in force) to be appointed in default of agreement between the parties to the dispute by the President (or failing whom one of the other Officers) for the time being of the Union.

35 Interpretation

Subject to the provisions of the Act any difference of opinion as to the interpretation of these Rules or on any matter not provided for therein shall be decided by the Chairman of a General Meeting at such Meeting or by the Committee in every other circumstance, and every such decision shall be recorded in the minutes and shall be accepted as the true meaning until thereafter otherwise interpreted on due notice at a subsequent General Meeting.

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Constitution 2 MEMBERSHIP 6 Members 6.1 The Members of the Club shall be the persons whose names are for the tim

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