| A |
Name
The name of the association is The Ealing Refugee Forum ("The
Charity")
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| B |
Administration
Subject to the matters set out below the charity and its property
shall be administered and managed in accordance with the constitution
by the members of the Management Committee, constituted by clause
H of this constitution ("the Management Committee").
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| C |
Objects
The Charity is established for the benefit of refugees and
asylum seekers, and organisations representing refugees and
asylum seekers in the London Borough of Ealing in any manner
which is charitable in law as the Charity shall decide, in particular
by:
| a) |
the relief of
poverty |
| b) |
the preservation
and protection of health |
| c) |
the advancement
of education and training |
| d) |
support, advice,
promotion and empowerment |
| e) |
improving the
quality of life of refugees and asylum seekers |
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| D |
Powers
In furtherance of the objects but not otherwise the Management
Committee may, subject to any consents required by law, exercise
the following powers:
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| (1) |
to raise
funds and to invite and receive contributions provided that in
raising funds the management Committee shall not undertake any
substantial permanent trading activities and shall conform to
any relevant requirements of the law; |
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| (2) |
to buy,
take on lease or in exchange any property necessary for the achievement
of the objects and t maintain and equip it for use; |
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| (3) |
to sell,
lease or dispose of all or any part of the property of the Charity; |
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| (4) |
to borrow
money and charge all or any part of the property of the Charity
with repayment of all money so borrowed; |
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| (5) |
to employ
such staff (who shall not be members of the Management Commettee)
as are necessary for the proper pursuit of the objects. |
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| (6) |
to co-operate
with other charities, voluntary bodies and statutory authorities
operating in furtherance of the objects or of similar charitable
purposes and to exchange information and advice to them; |
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| (7) |
to establish
or support any charitable trusts, associations or institutions
formed for all or any of the objects; |
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| (8) |
to appoint
and constitute such advisory committees as the Management Commettee
may think fit; |
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| (9) |
to promote
and carry out or assist in promoting and carrying out research,
surveys and investigations and publish and distribute the useful
results thereof. |
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| (10) |
to arrange
and provide for or join in arranging and providing for the holding
of exhibitions, meetings, lectures, classes, seminars and training
courses. |
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| (11) |
to collect
and disseminate information on all matters affecting the said
objects and exchange such information with other bodies having
similar objects. |
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| (12) |
to cause
to be written and printed or otherwise reproduced and circulated,
gratuitously or otherwise, such papers, books, periodicals, pamphlets
or other documents, films or recorded tapes (whether audio or
visual or both) as shall further the said objects. |
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| (13) |
to invest
the moneys of the Charity not immediately required for the said
objects in or upon such investments, securities or property as
may be thought fit, subject nevertheless to such conditions (
if any ) as may for the time being be imposed or required by law. |
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| (14) |
to do
all such lawful things as are necessary for the achievement of
the objects. |
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| E |
Membership |
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| 1. |
Membership
of the Charity shall be open to any person or organisation who
accepts the aims of the Charity. Membership shall be divided into
two categories:
a) Full membership
Full membership is open to any refugee organisation representing
refugee communities in the London Borough of Ealing.
b) Associate membership
Associate membership shall be granted to individuals, voluntary
and statutory organisations who are committed to supporting
the Charity's objects.
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| 2. |
Membership
shall only be valid when approved by the management commettee. |
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| 3. |
The Management
Committee may by a two thirds majority and for good reason
suspend or terminate the membership of any individual or
member organisation, provided that they shall have the right to
be heard by an appeals panel appointed by the Management Committee,
accompanied by a friend or representative, before a final decision
is made. |
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| 4. |
Full
members shall have one vote. Associate members shall have the
right to attend general meetings of the Charity but not to vote
or stand for election. |
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| 5. |
Each
member organisation shall appoint an individual to represent it
and to vote on its behalf at general meetings of the Charity and
may appoint an alternative to replace its appointed representative
at any general meeting of the Charity if the appointed representative
is unable to attend. |
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| 6. |
Each
member organisation shall notify the name of the representative
appointed by it, and of any alternative, to the Secretary. If
the representative or alternate resigns from or otherwise leaves
the member organisation, he or she shall forthwith cease to be
the representative of the member organisation. |
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| F |
Honorary
Officers |
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The
Chairperson shall chair committee meetings of the forum, act
as the figurehead and ensure the Charity's objectives are maintained.
The Vice-Chairperson shall assist the Chairmerson and
in the absence of the Chairperson, shall perform all or some
of the duties of the Chairperson.
The Secretary shall be responsible for ensuring minutes
of meetings are distributed to management committee members,
arranging committee meetings and keeping an up to date list
of members.
The Treasurer shall be responsible for collecting subscriptions
and any donations or grants and depositing them into the Charity's
account. the Treasurer shall present regular financial reports
to the management committee and present the annual accounts
at the AGM.
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| H |
Management
Committee |
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| 1. |
The
Management Committee shall consist of not less than seven and
not more than nine members, being representatives of member
organisations elected at the annual general meeting who shall
hold office from the conclusion of that meeting. |
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| 2. |
The management
committee may in addition appoint up to 3 copted members. Co-opted
members shall have full rights and powers (including voting rights)
as members of the Management Committee. |
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| 3. |
All the
members of the Management Committee shall retire from office together
upon the election of the new management committee at the annual
general meeting but they may be re-elected or re-appointed. |
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| 4. |
The proceedings
of the Management Committee shall not be invalidated by any vacancy
among their number or by any failure to appoint or any defect
in the appointment or qualification of a member. |
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| 5. |
Nobody
shall be appointed as a member of the Management Committee who
is aged under 18 or who would if appointed be disqualified under
the provisions of clause I below. |
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| I |
Determination
of Membership of the Management Committee
A member of the Management Committee shall cease to hold office
if he or she:
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| (1) |
is disqualified
from acting as a member of the Management Committee by virtue
of section 45 of the Charities Act 1992 (or any statutory re-enactment
or modification of that provision); |
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| (2) |
becomes
incapable by reason of mental disorder, illness or injury of managing
and administering his or her own affairs; |
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| (3) |
is absent
without notifying the Management Committee from all their meetings
held within a period of six months or 4 successive meetings whichever
applies first and the Management Committee resolve that his or
her office be vacated; or |
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| (4) |
notifies
the Management Committee of a wish to resign (but only if at least
three members of the Management Committee will remain in office
when the notice of resignation is to take effect). |
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| J |
Management
Committie Members not to be personally interested
No matter of the Management Committee shallacquire any interest
in property belonging to the Charity (otherwise than as a trustee
for the Charity) or receive renumeration or be interested (otherwise
that as a member of the Management Committee) in any contract
entered into by the Management Committee.
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| K |
Meetings
and proceedings of the Management Committee |
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| (1) |
The Management
Committee shall hold at least four ordinary meetings each year.
A special meeting may be called at any time by the Chair of the
Management Committee on request of one third of the members of
the Management Committee and upon not less than 4 days' notice
being given to the other members of the Management Committee of
the matters to be discussed. |
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| (2) |
If the
Chairperson or Vice-Chairperson of the Management Committee is
absent from any meetings, the members of the Management Committee
present shall choose one of their number to be Chair of the meeting
before any other business is transacted. |
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| (3) |
There
shall be a quorum when at least one third of the number of members
of the Management Committee for the time being of three members
of the Management Committee, whichever is the greater, are present
at a meeting. |
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| (4) |
Every
matter shall be determined by a majority of votes of the members
of the Management Committee present and voting on the question
but in the case of an equality of votes the Chair of the meeting
shall have a second of casting vote. |
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| (5) |
The Management
Committee shall keep minutes, in books or files kept for the purpose,
of the proceedings at meetings of the Management Committee and
any sub-committee. |
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| (6) |
The Management
Committee may from time to time make and alter rules for the conduct
of their business, the summoning and conduct of their meetings
and the custody of documents. No rule may be made which is inconsistent
with this constitution. |
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| (7) |
The Management
Committee may appoint one or more sub-committees consisting of
three or more members of the Management Committee and any other
persons appointed for their skills or experience, for the purpose
of making any inquiry or supervising or performing any function
or duty which in the opinion of the Management Committee would
be more conveniently undertaken or carried out by a sub-committee:
provided that all acts and proceedings of any such sub-committees
shall be fully and promptly reported to the Management Committee. |
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| L |
Receipts
and Expenditure |
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| (1) |
The funds
of the Charity, including all donations, contributions and bequests
shall be paid into an account operated by the Management Committee
in the name of the charity at such bank as the Management Committee
shall from time to time decide. All cheques drawn on the account
must be signed by at least two members of the Management Committee. |
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| (2) |
The funds
belonging to the charity shall be applied only in furthering the
objects. |
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| M |
Property |
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| (1) |
Subject
to the provisions of sub-clause (2) of this clause, the Management
Committee shall cause the title to:
| (i) |
all land held
by or in trust of the charity which is not vested in the
Official Custodian for Charities; and |
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| (ii) |
all investments
held by or on behalf of the charity; |
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to be
vested either in a corporation entitled to act as custodian trustee
or in not less than three individuald appointed by them as holding
trustees. Holding trustees may be removed by the Management Committee
at their pleasure and shall act in accordance with the lawful
directions of the Management Committee, the holding trustees shall
not be liable for the acts and defaults of its members. |
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| (2) |
If a
corporation entitled to act as custodian trustee has not been
appointed to hold the property of the charity, the Management
Committee may permit any investments held by orin trust for the
charity to be held in the name of a clearing bank, trust corporation
or any stockbroking company which is a member of the International
Stock Exchange (or any subsidiary of any such stockbroking company)
as nominee reasonable and proper remuneration for acting as such. |
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| N |
Accounts
The Management Committee shall comply with their obligations
under the Charities Act 1992 (or any statutory re-enactment
or modification of that Act) with regard to:
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| (1) |
the keeping
of accounting records for the Charity; |
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| (2) |
the preparation
of annual statements of account for the charity; |
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| (3) |
the appointment
of an auditor who shall be approved at the Annual General Meeting; |
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| (4) |
the auditing
or independent examination of the statements of account of the
Charity; and |
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| (5) |
the transmission
of the statements of account of Charity to the Comissioners. |
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| O |
Annual
Report
The Management Committee shall comply with their obligations
under the Charities Act 1992 (or any statutory re-enactment
or modification of that Act) with regard to the preparation
of an annual report and its transmission to the commissioners.
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| P |
Annual
Return
The Management Committee shall comply with their obligations
under the Charities Act 1992 (or any statutory re-enactment
or modification of that Act) with regard to praparation ofan
annual return and its transmission to the Commissioners.
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| Q |
Annual
General Meeting |
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| (1) |
There
shall be an annual general meeting of the Charity which shall
be held in the month opf December in each year or as soon as practicable
thereafter. |
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| (2) |
Every
annual general meeting shall be called by the Management Committee.
The secretary shall give at least 21 days' notice of the annual
general meeting to all the members of the Charity. All the members
of the Charity shall be entitled to attend and vote at the meeting. |
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| (3) |
The proceedings
of the Annual General Meeting shall be chaired by the Chair of
the Management Committee or in his or her absence such person
as those present at the annual general meeting shall appoint.
If the Chair is standing for election onto the new Management
Committee he/she will stand down while a person appointed by those
present at the annual general meeting chairs the election. |
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| (4) |
The Management
Comettee shall present to each annual general meeting the report
and accounts of its Charity for the preceding year. |
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| (5) |
Nominations
for election to the Management Committee must be made by members
of the Charity in writing and must be in the hands of the secretary
of the Management Committee at least 7 days before the annual
general meeting. Should nominations exceed vacancies, election
shall be by ballot. |
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| (6) |
Motions
put forward for debate at the Annual General Meeting shall be
notified to the Secretary of the Association in writing and duly
proposed and seconded at least 7 days before the meeting. |
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| (7) |
Every
matter shall be determined by a majority of votes of the members
of the Management Committee present and voting on the question
but in the case of equality of votes the Chair of the meeting
shall have a second or casting vote. |
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| R |
Special
General Meetings
The Management Committee may call a apecial general meeting
of the Charity at any time. It at least ten members request
such a meeting in writing stating the business to be considered
the Secretary shall call such a meeting and shall give at least
21 days' notice of the meeting to all members of the Charity.
The notice must state the business to be discussed.
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| S |
Quorum
at General meetings
There shall be a quorum when at least on third of the members
of the Charity are present or at least seven members of the
Charity are present in any general meeting, which ever is the
least.
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| T |
Notices
Any notice required to be served on any member of the Charity
shall be in writing and shall be served by the secretary or
the Management Committee on any member either personally or
by sending it through the post in a prepaid letter addressed
to such member at his or her last known address in the United
Kingdom, and any letter so sent shall be deemed to have been
received within 10 days of posting.
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| U |
Alterations
to the Constitution |
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| (1) |
Subject
to the following provisions of the clause the Constitution may
be altered by a resolution passed by not less than two thirds
of the members present and voting at general meeting. The notice
of the general meeting must include notice of the resolution,
setting out the terms of thealteration proposed. |
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| (2) |
No amendment
may be made to clause A (the name of charity clause), clause C
(the objects clause), clause I (Management Committee members not
be to personally interested cause), clause U (the dissolution
clause) or this clause without the prior consent in writing of
the Commissioners. |
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| (3) |
No amendment
may be made which would have the effect of making the Charity
cease to be a Charity at law. |
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| (4) |
The Management
Committee should promptly send to the Commissioners a copy of
any amendment made under this clause. |
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| V |
Dissolution
If the Management Committee decides that it is necessary or
advisable to dissolve the Charity it shall call a meeting of
all members of the Charity, of which not less than 21 days'
notice (stating the terms of the resolution to be proposed)
shall be given. If the proposal is confirmed by a two-thirds
majority of those present and voting the Management Committee
shall have power to realise any assets held by or on behalf
of the Charity. Any assets remaining after the satisfaction
of any proper depts and liabilities shall be given or transferred
to such other charitable institution or institutions having
objects similar to the objects of the Charity as the members
of the Charity may determine or failing that shall be applied
for some other charitable purpose. A copy pf the statement of
accounts, or account and statement, for the final accounting
period of the Charity must be sent to the Commissioners.
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| W |
Arrangements
until first Annual General Meeting
Until the first general meeting takes place this constitution
shall take effect as if references in it to the Management Committee
were references to the persons whose signatures appear at the
bottom of this document.
This constitution was adopted on the date mentioned above by
the persons whose signatures appear at the bottom of this
document.
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Signed:
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1st October 1996
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