Constitution
ARDFIELD/RATHBARRY TENNIS CLUB
CONSTITUTION & RULES
(Effective from AGM 10th March 2014)
RULE 1 – NAME
The name of the Club shall be “Ardfield/Rathbarry Tennis Club”, hereafter called “The Club”.
RULE 1A – CONSTITUTION
The Club is constituted by these Rules as a non-profit making Members Club. In no circumstances during the continuance of The Club, nor at or after its dissolution, shall any assets or surplus funds be distributed to any Member or other person nor any other organisation, which is not itself either constituted as non-profit making or a charity.
RULE 1 B – AFFILIATION
The Club shall be affiliated to the Munster Branch of TENNIS IRELAND, and shall adopt and conform to the Rules of this organisation in so far as they can apply.
RULE 2 – MAIN OBJECT
The main object for which The Club is established is the promotion of the sport of Tennis.
RULE 3 – SUBSIDIARY OBJECTS
In furtherance exclusively of the foregoing Main Object, The Club shall have the following Subsidiary Objects:
To provide and maintain tennis courts, club house, floodlights and associated facilities for the playing of tennis.
RULE 4 – MEMBERSHIP
There shall be 7 Categories of Membership. The Committee shall have the right to close all or any of the below listed categories of Members. Such a declaration to be confirmed or nullified at the next AGM. Membership from outside the Parish (i.e. those not residing permanently or as holiday-home owners) shall be limited to 30% of the total Membership.
4.1 Single Membership
Single membership shall be open to an individual over the age of 18. A single
Member shall have one vote at a General Meeting.
4.2 Family Membership
Family Membership shall be open to any adult and shall include the
other spouse/partner and children under the age of 18. The children shall be
subject to the same rules and byelaws as junior members. Once children of
Family Members reach 18, they may apply to join The Club as a Single or
Student Member without having to pay the Entrance Fee.
4.3 Life Membership
This ‘once-off’ offer, introduced in 2002 is valid for the natural life-span of a member or his/her spouse or partner, and is personal to the individuals concerned . It also includes children until the age of 18. The Life Membership cannot be transferred or inherited and does not include children once they have reached 18 years of age. Children of Life Members, once they reach 18 may apply to join The Club without having to pay the Entrance Fee.
4.4 10 Year Membership
This ‘once-off’ offer, introduced in 2002 commences from the date of registration and includes the annual subscription fees for the duration of a ten-year period. The same conditions as for the Life Membership will also apply with regard to Transfer/Inheritance and Children. This Membership will expire in April 2013.
4.5 5 Year Membership
This ‘once-off’ offer, introduced in 2002 commences from the date of registration and includes the annual subscription for the duration of a 5-yeaer period. The same conditions as in Life and 10-year Membership will also apply with regard to Transfer/Inheritance and Children.
4.6 Student Membership
An individual over the age of 18 years on the 1st January in the Membership Year and who is attending full-time education shall be eligible to be a student member under the Family Membership. A Student Member shall not have a vote or be entitled to attend general meetings and shall be subject to such other restrictions on membership rights, as the committee shall impose from time to time.
4.7 Resignation of a Member
Notice of resignation from membership shall be put in writing and delivered to the secretary before 30th March in the relevant year.
4.8 Election to Membership
The name, address and particulars of each applicant for the Single or Family Membership shall be delivered to the Secretary in writing. There must be a Proposer and Seconder and the Proposer and Seconder must have been voting members for three years at least and in good standing. Trustees of Committee Members may not propose or second a new member more than twice in a membership year.
4.9 Consideration of New Members
The Committee shall post the names and addresses of all applicants under consideration for membership, on the Club Notice Board for not less than two weeks before the date of ballot. In the election of members, the committee shall vote by secret ballot. Four objections to a candidate shall disqualify shall disqualify that candidate for membership. A minimum of six ballots must be cast for a valid poll. The Committee reserve the right of rejecting any proposed member without stating the reason for doing so.
4.10 Guests
Members may invite guests to The Club. A fully-paid Member has the right to invite a Guest to play and use the facilities at a nominal charge to be agreed annually by the incoming Committee.
4.11 Disciplining of Members
The Committee shall have power to discipline, expel or suspend from the privileges or offices of The Club, any member whose conduct they consider injurious to the character, reputation or welfare of The Club. The Committee shall have the power to establish a disciplinary committee to investigate any incident and to require any member involved in the incident to appear before it to explain his or her actions.
RULE 5 - SUBSCRIPTIONS
5.1 Determination
The rates of subscriptions for each category of member shall be determined at the Annual General Meeting.
5.2 Entrance Fees
Entrance fees shall be determined for each category of membership by the Committee.
5.3 Payment
The Annual Subscriptions shall be due on the 1st May each year. The Committee may terminate the membership of any member who fails to pay the subscription within 60 days of the due date.
5.4 Membership List
An alphabetical list of members shall be put on display on The Club Notice Board.
RULE 6 – COMMITTEE
6.1 Election
The club shall be managed and controlled by the Committee who shall be elected at the Annual General Meeting. The Committee shall include a minimum of nine elected members. Members shall be elected at the Annual General Meeting and it is recommended to hold office for a maximum three years. In the event of a tied vote, the result shall be decided by the drawing of lots.
The Chairperson shall have the power to co-opt a replacement member to fill any vacancy which may arise. A co-opted member shall serve for the remainder of the term of the member in whose place he/she has been co-opted.
The Adult Tennis Captains shall be elected at the Annual General Meeting and they become members of the main Committee while holding office. The immediate past Chairperson of The Club and Treasurer shall also be members of the main Committee for two years. The Trustees of The Club shall be ex-officio members of the Committee.
6.2 Committee Meetings
The Committee shall meet at least ten times in its year of office. At any meeting, a quorum, decided at the Annual General Meeting, must be in attendance. The Secretary, who shall give notice of the date, time and place of the proposed meeting to each Committee Member, shall arrange Committee Meetings on the instructions of the Chairperson.
6.3 Bye-Laws
The Committee shall have power to make or alter bye-laws, to make contracts for and on behalf of the Club and to appoint sub-committees, provided that such sub-committees shall contain at least one member of the Committee, who would chair such meetings.
RULE 7 – CHAIRPERSON
7.1 Voting Members shall elect the Chairperson of The Club at the Annual General Meeting. In the event of a tied vote, the result shall be decided by the drawing of lots.
7.2 The Chairperson will have a casting vote in the event of a tie (other than in the election of committee members) at all Committee and General Meetings of The Club. If the Chairperson or Vice-Chairperson is absent from a Committee Meeting, he/she may nominate a Committee Member to chair the meetings in his/her place.
RULE 8 – MANAGEMENT
8.1 Committee
The Club shall be managed and controlled by the Committee.
8.2 Finance
The Club shall maintain proper accounting records and shall establish internal controls to ensure that all transactions are recorded and that proper authority is obtained for expenditure.
Annual accounts shall be prepared and be subject to an annual audit. The auditors shall be appointed at the Annual General Meeting.
The Committee shall nominate one of their members to be Treasurer who will ensure that proper records are maintained and that satisfactory control exists.
8.3 Revenue Commissioners
Annual Accounts shall be made available to The Revenue Commissioners on request.
8.4 Secretary/Manager
The Committee may engage a full or part-time Secretary/Manager. The Committee shall determine the remuneration and conditions of employment of the Secretary/Manager.
8.5 Business
The business and affairs of The Club shall be under the management of the Committee. The Committee may, from time to time make regulations governing the use of The Club and other matters not covered by rules. No member of the Committee or manager or employee shall have any personal interest in the sale of excisable liquors or catering therein, or in profits arising therefrom.
RULE 9 – INCOME AND PROPERTY
The income and property of the Club shall be applied solely towards the promotion of its main object as set forth in this Constitution. No portion of the Club’s income and property shall be paid or transferred directly or indirectly by way of dividend, bonus or otherwise howsoever by way of profit, to the members of the Club. No Officer shall be appointed to any office of the Club paid by salary or fees, or receive any remuneration or other benefit in money or money's worth from the Club. However, nothing shall prevent any payment in good faith by the Club of:
a) reasonable and proper remuneration to any member of the Club (not being an Officer) for any services rendered to the Club;
b) interest at a rate not exceeding 5% per annum on money lent by Officers or other members of the Club to the Club;
c) reasonable and proper rent for premises demised and let by any member of the Club (including any Officer) to the Club;
d) reasonable and proper out-of-pocket expenses incurred by any Officer in connection with their attendance to any matter affecting the Club;
e) fees, remuneration or other benefit in money or money's worth to any Company of which an Officer may be a member holding not more than one hundredth part of the issued capital of such Company.
RULE 10 – ANNUAL GENERAL MEETING
10.1 Annual General Meeting.
The Annual General Meeting normally shall be held in the month of March or April. Members with voting rights and whose subscriptions for the past year have been paid may attend the Annual General Meeting.
The business of the Annual General Meeting shall be the confirmation of the Minutes of the previous Annual General Meeting and of any subsequent Extraordinary General Meetings, the consideration of the Committee’s Report and the Honorary Treasurer’s Accounts for the year, the election of Officers and the Committee for the ensuing year, the appointment of an Honorary Auditor, and any items of which notice has been given and details included in the Agenda.
Notice concerning the meeting must be sent to the members not less than 21 days before the meeting. Notice of any motion for consideration by the Annual General Meeting shall be lodged with the Secretary at least 28 days before the meeting. Nominations for Committee Members are lodged with the Secretary before the meeting. Simple majority will decide all voting except where otherwise provided in these rules.
10.2 Expenditure
Expenditure by the Committee shall be limited to €10,000. Any figure above this amount has to be ratified by an Annual General Meeting or an Extraordinary Meeting.
10.3 Extraordinary General Meeting
The Committee may call an Extraordinary General Meeting at any time or upon a requisition signed by 30 members. The meeting shall be held within 60 days from the receipt of a request signed by said 30 members. The requisition for the Extraordinary General Meeting shall specify the purpose of convening the meeting and notice must be sent to the members not less than 21 days before the meeting.
The business of an Extraordinary General Meeting shall be in accordance with the requisition under which it was summoned and the Agenda issued. At any general meeting, further business may be accepted at the discretion of the Chairperson of the meeting, provided that it does not call for an alteration of the Rules, the winding up of The Club, the transfer of The Club’s assets, the borrowing of money, or an expenditure not within the immediate financial resources of The Club.
RULE 11 – RULES
11.1 Amendments to the Rules
The Committee have power to amend the Rules to comply with any statute.
The Rules may be amended or new rules enacted by an Extraordinary General Meeting convened for that purpose. A two-thirds majority of those present and voting is required to change an existing rule or to enact a new rule. The Club shall not be dissolved except at a General Meeting called for that purpose and then only by a two-thirds majority of the voting members present.
Written Notice of proposed amendments or new rules must be delivered to the Secretary not less than 28 days prior to the meeting. The Secretary shall, not less than 21 days before the meeting, circulate all proposed changes to the general membership.
11.2 Additions, Amendments and Alterations
No addition, amendment or alteration shall be made to or in the provisions of this Constitution for the time being in force unless the same shall have been previously approved in writing by the Revenue Commissioners.
11.3 Knowledge and Observance
Members are expected to know and to observe all Club Rules and Bye-laws.
11.4 Effective Date
These Rules shall be effective from the Annual General Meeting, 2014. All subsequent amendments shall come into force following the passing of the amendment unless provided for to the contrary.
RULE 12 – TRUSTEES
The Club shall have three Trustees. The Trustees shall be appointed by The Club Committee. The Trustees shall be ex-officio Members of the Committee. It is recommended that one Trustee should attend Committee Meetings as an observer and subsequently inform the other two Trustees about the topics dealt with and any decisions reached.
12.1 Authority
The Trustees of The Club, at the request of the Committee for the time being are hereby authorised to collect, sue for and recover all subscriptions or other sums of money due under the Rules in force from time to time for and on behalf of The Club, and to bring all such actions or claims and institute all such proceedings that shall be deemed necessary for the purpose of enforcing claims or rights of The Club. The Trustees shall be authorised to defend any proceedings brought against The Club.
12.2 Trustee Powers
The Trustees, at the request of the Committee shall have the power to acquire and purchase, exchange, lease or otherwise either for an estate of for any lessor estate or other estate or interest whether immediate or reversionary any lands, tenements, or hereditaments of any tenure and to sell, let, alienate, mortgage, lease or charge land, house property and any other property real or personal moveable or immovable either absolutely or conditionally and to pay for an lands, tenements, hereditaments, or assets acquired by The Club.
RULE 13 – POLITICS AND RELIGION
The Club shall be non-political and non-sectarian.
RULE 14 – POWER OF COMMITTEE
14.1 Loan Acquisition
The Committee shall have the power, with the approval of the Trustees to borrow for the purposes of The Club by way of overdraft, term loan, loan account or otherwise from The Club’s Bankers or other financial institutions, with interest in the category or the accommodation granted, such amount of money either at one time or from time to time, as it may deem proper and to give security for such borrowing and the interest thereon by the issue of Bills of Exchange, Promissory Notes or other obligations or securities of The Club or by Mortgage or Charge upon all or any part of the property of The Club, and thereupon the Trustees shall at the direction of the Committee make all such dispositions of the property of The Club or any part thereof and enter into such an agreement in relation thereto as the Committee may deep proper for giving such security.
14.2 Winding-Up
If upon the winding up or dissolution of the Club there remains, after the satisfaction of all its debts and liabilities, any property whatsoever, it shall not be paid to or distributed among the members of the Club. Instead, such property shall be given or transferred to some other institution or institutions having main objects similar to the main objects of The Club. The institution or institutions to which the property is to be given or transferred shall prohibit the distribution of its or their income and property among its or their members to an extent at least as great as is imposed on The Club under or by virtue of Clause No. 9 (Income and Property) hereof. Members of The Club shall select the relevant institution or institutions at or before the time of dissolution, and if and so far as effect cannot be given to such provisions, then the property shall be given or transferred to some charitable object.
ADDITIONAL RULES AND GUIDELINES
1. The Rules of Play shall be those adopted by Tennis Ireland
2. Floodlighting must not be used after 11.45 p.m.
3. If a court is free and not booked a member may occupy the court immediately
4. Proper tennis attire shall be worn on court. Acceptable attire shall consist of shorts, tennis skirts, T-shirts, tracksuits, non-marking tennis shoes.
5. Bicycles and animals shall not be allowed on the courts.
6. Each member using the courts will take care not to cause any damage to the court’s surface, the nets, perimeter fencing, and any Club property by misusing them.
7. Entrance gates to the courts shall be closed while courts are in use and closed again when vacated.
8. No pairing may book a court for more than one hour, and no foursome more than two consecutive hours.
9. Junior Members (under 18) may not book a court after 7 p.m.
10. Any question not provided for by these rules shall be decided by the General Committee, whose decisions shall be final and binding unless otherwise decided by a General Meeting of The Club.
11. The General Committee are empowered to make and alter any Rule for the regulation of the use of Club premises.
12. Mobile phones must be switched off during matches.