At this year's AGM there are some amendments proposed to the club's constitution. These amendments are required to comply with the IRD’s rules regarding not for profit organizations and bring the club into line with other organisations who apply for grants and public funding from entities such as the Lion Foundation, or Rotary etc.
The existing Constitution can be found Here
The proposed Constitution can be found Here.
In order for the resolution to be passed, you are asked to review these changes and we invite comment, or any other proposals prior to the AGM, which will be held on April 30th (refer news article here.) A vote will be taken at the AGM to pass the new constitution.
Key amendments to the Constitution are :
8.3 Funds management
The funds of the Club, however derived, shall be applied towards the objects of the Club in such manner as the Committee determines.
Any income, benefit or advantage shall be applied to the objectives of the Club. No member of the Club or any person associated with a member, shall participate in or materially influence any decision made by the Club, in respect of the payment to or on behalf of that member or associated person of any income, benefit, or advantage whatsoever. Any such income shall be reasonable and relative to that which would be paid in an arms length transaction (being open market value). And the provisions and effect of this clause shall not be removed from this Constitution and shall be included and implied into any document replacing this document.
(a) At each annual general meeting of the Club, the Members present may appoint a person who is not a Member or the public officer of the Club as the Auditor.
(b) The Auditor shall hold office until the annual general meeting following the Auditor’s appointment, and is eligible for re-appointment.
(c) If an appointment is not made at an annual general meeting the Committee may appoint an auditor of the Club for the then current financial year of the Club.
(d) If a casual vacancy occurs in the office of Auditor during the course of a financial year of the Club, the Committee may appoint a person as the Auditor and the person so appointed shall hold office until the next annual general meeting.
9.2 Alteration of the Rules
(a) The Club may by special resolution amend the Rules.
(b) No addition to or alteration or recession of the rules shall be approved if it affects the aims, personal benefit clause or the winding up clause. The provisions and effect of this clause shall not be removed from this Constitution or document and shall be included and implied into any document replacing this Constitution or document.
9.6 Winding Up
(a) In the event of the Club being wound up all its property and assets shall be sold or realised in the net proceeds after payment and discharge of all liabilities (if any) shall be transferred to such person or persons, organisations or other selected body (whether incorporated or not) as shall have as its objective the benefit, development, encouragement of road cycling in such manner as may be determined by the members of the Club in general meeting.
(b) If upon winding up or dissolution of the Club there remains, after the satisfaction of all its debts and liabilities, any property whatsoever the same shall not be paid or distributed among the members of the Club but shall be given or transferred to some other Club or body with similar objects to the first Club that also has an income tax exemption or for some other charitable purpose within New Zealand.