THE CONSTITUTION AND RULES OF THE OYAMA BONSAI KAI

 

1. The name of the club shall be the Oyama Bonsai Kai, herein referred to as the Club which is denoted in the title as Kai, the Japanese word for club or association.

OBJECTIVES:

2. The aims and objectives of the Club shall be:

2.1. To promote the art of Bonsai and allied art forms by creating interest in, inspiring and educating and

2.2. To undertake any activities which may encourage or further the present or future objectives of the Club, and the art of Bonsai.

2.3. To run the Club and conduct its meetings in an open and democratic manner.

 

POWERS:

3. The Club shall have all the powers as may be necessary, incidental or conducive to carrying out the above objectives, and in particular, but without limiting the generality thereof:

3.1. To borrow any money for any purposes of the Club and to secure the repayment of such money under security of any part of the property and assets of the Club and to guarantee or become liable for payment of the money or for the performance of any obligation;

3.2. To invest and deal with monies of the Club not immediately required in such a manner as may from time to time be determined by the Executive Committee, herein referred to as EXCO;

3.3. To open a banking account or accounts in the name of the Club and to operate it or them;

3.4. To draw, make, accept, endorse, discount, execute and issue cheques, promissory notes, bills and other negotiable or transferable instruments.

 

MEMBERSHIP:

4. Membership of the Club shall be :

4.1. Open to all members of the general public (subject to 4.2).

4.2. Application for membership shall be in writing, and acceptance shall be at the discretion of EXCO.

4.3. Honorary Life Membership may be conferred on any person who in the consideration of EXCO, has fully warranted such an honour. He or she will not be required to pay annual subscriptions, but will still retain full voting rights.

4.4. Honorary Membership may be conferred on any person who, in the consideration of EXCO, has warranted such an honour. He or she will not be required to pay annual subscriptions, and will have no voting rights.

4.5. Single membership will be held by a member who has a single vote when called upon to exercise it.

4.6. Family membership will consist of a household with or without children, with only the two principle members having a vote, thus giving a household a maximum of two (2) votes.

4.7. Attendance at monthly meetings is obligatory. If a member (with the exception of an honorary member or Honorary Life member) is absent without good and sufficient reason for three (3) consecutive meetings his / her membership may, at the discretion of EXCO, be terminated. In such cases there shall be no refund of subscriptions paid.

 

SUBSCRIPTIONS:

5. Annual subscriptions, payable by all members of the Club, shall be determined by EXCO and ratified by the Club Members at an Annual General Meeting, or a Special General Meeting called for the purpose. Junior members, undergraduate students, and pensioners shall pay a reduced subscription as determined by Exco and ratified at the club's AGM.

5.1. Subscriptions are for a calendar year and shall be payable in advance, not later than the thirty first day of January each year. Members who fail to pay their subscriptions by the 30th of April shall have forfeited their membership and shall receive no further contact from the Club. Members may be reinstated at any time during the year in question, at the discretion of EXCO, after paying the full year's subscription.

5.2. New members joining after the first day of July shall pay half a year's subscription.

 

THE EXECUTIVE COMMITTEE:

6. The club must have a committee, board of management or similar governing body i.e. EXCO, consisting of at least three persons, who are not connected persons in relation to each other, to accept the fiduciary responsibility of that club.

6.1. The management and control of the Club and its property, assets and affairs shall be vested in EXCO, who shall exercise all rights and powers of the Club. No individual member of EXCO shall have decision making powers that will bind the club to a particular course of action.

6.2. EXCO shall be elected on a majority vote by the members of the Club at either an Annual General Meeting or a Special General Meeting.

6.3. The entire committee shall retire at the Annual General Meeting but shall be eligible for re-election if nominated and seconded.

6.4. The same person shall not hold the position of President for longer than two (2) consecutive years. After a period of one year, however, he/she may be re-elected as President. After retiring as President, he/she may hold any other position on the committee to which he/she is duly elected.

6.5. Exco Members will not be paid any remuneration.

6.6. No EXCO member may hold office in another bonsai club although they can be an active member of other clubs without holding office.

 

FINANCE:

7. The financial year of the Club shall terminate on the 31th day of December of each year.

7.1. The Honorary Treasurer shall keep a full set of books of the Club's finances in an approved accounting manner.

7.2. A duly certified Balance Sheet and Profit and Loss Account shall be submitted by the Honorary Treasurer in good time prior to the Annual General Meeting.

7.3. All cheques issued by the Club shall bear two (2) signatures, these being any two (2) of the following: President, Vice-President, and Honorary Treasurer.

7.4. The CLUB may not directly or indirectly distribute any of its funds or assets to any person other than in the course of furthering its objectives.

7.5. The CLUB is required to utilise substantially the whole of its funds for the sole or principal object for which it has been established (see Objectives).

7.6. No CLUB member may directly or indirectly have any personal or private financial interest in the CLUB.

7.7. the CLUB may not have a share or other interest in any business, profession or occupation which is carried on by its members.

NOTE: Tax Exemption Status

7.8. For the CLUB to retain this status the CLUB must

7.8.1. Derive a substantial portion of its funds from its annual or other long-term members or from an appropriation by the government of the Republic in the national, provincial or local sphere

7.8.2. submit any amendment of the constitution or written instrument of the entity to the SARS Commissioner within 30 days of its amendment;

7.8.3. comply with such reporting requirements as may be determined by the SARS Commissioner from time to time; and

7.8.4. the CLUB is not knowingly and will not knowingly become a party to, and does not knowingly and will not knowingly permit itself to be used as part of, an impermissible avoidance arrangement contemplated in Part IIA of Chapter III, or a transaction, operation or scheme contemplated in section 103(5) of Government Gazette Regulation Gazette No. 8990 Vol. 521 21 November 2008 No. 31614

 

MEETINGS:

8. The Annual General Meeting shall be held in either June or July each year.

8.1. At General Meetings, Special General Meetings and Annual General Meetings a minimum of ten (10) members shall form a quorum. If within thirty minutes after the advertised starting time, a quorum is not present, the meeting shall be postponed until the same day and time in the following week at the same place or if unavailable, then such a place as decided by the President or his/her substitute. Members present in good standing at such a meeting shall be deemed to form a quorum.

8.2. Fourteen (14) days notice of any of the meetings as defined in 8.1 shall be given in writing to all members.

8.3. Any member (either family or single) together with six (6) supporting members, all of whom shall be in good standing with the Club, and all of whom shall affix their signatures to a notice supporting such a meeting, may call a Special General Meeting. A minimum of five (5) of the signatories to the notice calling for such a meeting shall be present at the meeting thus called. Failing this, the President or his/her substitute shall cancel the meeting after fifteen (15) minutes have elapsed after the advertised starting time of such a meeting. If such a meeting has been so cancelled, then a meeting regarding the same subject matter or purpose may not be called for a period of six (6) months from the date of the original meeting.

8.4. VOTING AT MEETINGS: All members present and eligible to vote (subject to 4.6) shall be entitled to vote at General and Special General Meetings. The Chairman shall have a deliberative as well as a casting vote. Voting shall be by show of hands unless a ballot is requested by three (3) or more members. Proxy votes must be accompanied by a signed letter confirming such a vote.

8.5. This constitution may only be amended by a two thirds majority of those present and eligible to vote at an Annual General Meeting or Special General Meeting provided that written notice of such amendments shall have been given to all members fourteen (14) days prior to the date of the meeting.

 

DISSOLUTION OF THE CLUB:

9. Upon dissolution of the Club, no member, either past or present, shall benefit in any way whatsoever, financially or otherwise, from the assets of the Club existing at the time.

9.1. After all liabilities have been met and all assets sold, the remaining monies shall be donated to Kirstenbosch Botanical Gardens for the promotion of bonsai.

 

INTERPRETATION OF THE RULES CONCERNING THE CONSTITUTION:

10. In the event of any dispute regarding the interpretation of any of the rules, the decision of the incumbent EXCO shall be final and binding on all members.

Revision History

Revised June 2004

Financial Year changed at Special AGM 10 Oct 2010

Edited – Layout: September 2011

Edited – All paragraphs numbered and layout edited: 17 May 2013

Changes made to comply with requirements of the Income tax ACT relating to Tax

Exemption as Gazetted in section 103(5) of the Government Gazette Regulation

Gazette No. 8990 Vol. 521 21 November 2008 No. 31614 – 27th May 2013 All changes accepted at AGM 12th June 2013 and constitution saved as PDF . 9 July 2013

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