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Friendly Society Constitution

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The key takeaways are the requirements to establish a registered organization under Chapter 36:04 including naming, objects, membership, management, and amendments to rules.

Candidates must fill out an application form, be approved by the committee, and pay an entrance fee. Ordinary and honorary members are admitted differently.

Members are entitled to benefits mentioned in the rules like facilities to achieve the organization's objects. Benefits cannot be personal and only extend to financial members.

RULES

For
Specially Authorized Societies Registered under the Friendly Societies, Chapter
36:04.

1. NAME AND CONSTITUTION:

This is a (religious/spiritual, charitable) non-governmental organization it shall be


called ………………………………….. and is herein after referred to as the
organization.

2. REGISTERED OFFICE:

a) The Registered Office of the Organization…………………………………..


b) The Registered Office shall not be change except by resolution of a special
meeting of the organization.
c) In the event of any change in the situation of the registered office, notice of
such change shall be sent to the Registrar within fourteen (14) days
thereafter.

3. OBJECTS

The Organization is established for the purpose of:


i. To………………………………………..
ii. To ……………………………………………...
iii. To…………………………………………………..
iv. To ………………………………………………….ECT.

4. APPLICATION OF FUNDS:

a. All moneys received on account of entrance fees, subscriptions, levies,


donations, or otherwise and interest on investments shall be applied in
carrying out the objects of the society, and in paying the expenses of
management according to the Rules.

Any officer misapplying the funds shall repay the amount misapplied and be
excluded without prejudice to his ability to prosecution for such
misapplication.
5. MEMBERSHIP

a. Admission:

i. Candidates for membership into this Organization shall be required to fill


in application forms and submit same for approval in person to the
Secretary. Such forms shall be obtained from the Society. Every
approved candidate to be a member of this organization shall be notified
in writing through the Secretary or in person, and shall be immediately
required to pay an entrance fee of G$........

ii. Ordinary members shall be admitted by the committee.

iii. Honorary members shall be admitted by the general meeting (Optional).

b. Ordinary Members:

Except as hereinafter provided, no person other than persons approved by the


committee shall be eligible for membership in the society.

c. Honorary Members: (Optional)

Subject to Sub-Rule (b) of this Rule, the Organization shall have power to
admit persons the committee thinks fit as honorary members.

Honorary members shall be entitled to the benefits mentioned in these rules.


They shall have a right to attend all meetings, but shall not be entitled to vote.
No honorary member shall hold any office in the organization.

6. BENEFITS:

a. The benefits of the Organization shall, in so far as it is possible, be extended


to financial members only.
b. The benefits of the Organization shall consist of those facilities mentioned in
its objects, to which the members, by the decision of the General Meeting,
have specially subscribed.

c. Benefits shall not be of a personal or private nature.


7. ARREARS:

a. Any ordinary member, …………. months or more in arrears of subscription


shall be deemed unfinancial.

b. An unfinancial member shall have no voice whatever in the business of the


time, and shall not be entitled to any benefits of the Organization.

c. Any ordinary member who remains unfinancial for twelve (12) months or
more shall cease to be a member of the Organization provided that he may
be readmitted as a member on payment of the entrance fee of ……….. and
arrears in respect of subscriptions.

8. DIS-QUALIFICATION AND FORFEITURE OF MEMBERSHIP:

i. Membership shall be terminated by:-


a. Death;
b. Permanent insanity;
c. Ceasing to be a financial member.
d. Expulsion under these rules.

ii. If any member acts in anyway detrimental to the interests of the


Organization, such member shall be expelled by a vote of two-thirds of
the members present at a General Meeting upon a charge communicated
to him in writing by the Committee, not less-than one week before the
meeting.

9. MEETINGS

The General Meeting of members shall be the supreme authority in the


Organization.

a. The Ordinary General Meeting of the Organization shall be held once


monthly on the last Sunday of every month. Commencing at …………hours
and concluding at 1900 hrs unless an extension of time be voted for to
complete business by the majority of members present.
b. The Annual General Meeting of members shall be convened by the
committee as soon as the report on the audit of the accounts of the registered
Organization by the Registrar or person authorized by him is received by the
committee. At least eight (8) clear days notice shall be given before any such
General Meeting is held.

c. A Special General Meeting shall be held whenever the Committee of


Management thinks it expedient, and whenever the majority member so
request in writing delivered to the Secretary.

d. Fourteen (14) clear days’ notice of any Special General Meeting stating the
business to be transacted at such meeting, shall be given by posting the
notification thereof in a conspicuous place in the registered office of the
Society.

e. When the members request that a Special Meeting be held, twenty-one days
notice stating the reason thereof shall be given in writing to the Secretary.

f. All General Meeting shall be held at the registered office unless the
Committee of management (either generally or in a particular case)
otherwise decide.

g. Committee Meetings shall be held at least once every month.

h. If within one hour from the time appointed for the meeting, a quorum is not
present, the meeting if convened upon the requisition of members, shall be
dissolved; in any other case it shall stand adjourned to the same day in the
next week at the same time and place, if at the adjourned meeting a quorum
is not present within one hour from the time appointed, for the meeting, the
members present shall form a quorum.

i. The President may, with the consent of any meeting at which a quorum is
present (and shall if so, directed by the meeting) adjourn the meeting from
time to time and from place to place , but only business left unfinished shall
be discussed at the meeting from which the adjournment took place. When a
meeting is adjourned for thirty (30) days or more, notice of the adjourned
meeting shall be given as in the case of an original meeting, save as
aforesaid it shall not be necessary to give any notice of an adjournment, or of
the business to be transacted at an adjourned meeting.

10. RIGHT OF VOTING

a. Every member present (and not disqualified by arrears or other-wise


mentioned in these) shall have one vote, and when votes are equal the
presiding officer shall have an additional or casting vote.

b. At any meeting a resolution put to the vote of the meeting shall he decided
on a show of hands unless a ballot is demanded before or on the
declaration of the result of the show of hands.

11. AMENDMENT OF RULES:

i. No new rule shall be made, nor shall-any of the rules herein contained or
hereafter to be made, be amended or rescinded unless with the consent of
two third of the total membership at a General Meeting specially called for
the purpose.

ii. No new or amendment of rule is valid unless registered by the Registrar.

12. APPOINTMENT OF OFFICE:

a. All officers shall be elected annually at a General Meeting, and at every


such meeting the said officers shall be elected by a majority of the
members present and entitled to vote. On the failure of election those last
appointed shall continue in office.

b. No candidate shall be submitted for election except his proposer and


seconder are both financial members of the Organization.

c. The officers appointed at the Annual General Meeting for the Committee
of Management shall consist of: a President, a Vice President, Secretary, a
Treasurer, Assistant Secretary, two Committee members and two trustees.

d. All officers shall be over 21 years of age. A member shall not be


nominated for office who is three months or more in arrears with his
subscriptions. The same person shall not be Secretary or Treasurer and
Trustee of the Organization.

e. In case any officer other than a Trustee shall die, resign, be removed or
become unfit or incapable to act, the Committee of Management may at
any time appoint a person to fill the vacancy until the next Annual General
Meeting, unless the vacancy is previously filled at a Special General
Meeting.

f. In the event of any Trustee, dying, resigning, or being removed from


office, another shall be elected by a resolution of a majority of the
members present and entitled to vote at the Annual General Meeting or at a
Special General Meeting to fill the vacancy. Every resolution appointing a
trustee shall be entered in the minutes of the meeting at which he is
appointed.

g. A copy of such resolution signed by such Trustee shall be forwarded


within fourteen (14) days by the Secretary to the Registrar.

h. No officer or servant of the Society shall at any time hold more than two
offices.

i. No person who is bankrupt or who has compounded with his creditors or


who has made arrangement or composition with his creditors under the
insolvency act, or any other act, shall be appointed, or if appointed shall act
as the President, Vice President, Secretary, Assistant Secretary, Treasure or
Trustee of the Organization

j. A person shall be disqualified from being an officer of the Society if within


the previous ten (10) years he has been convicted of any offence involving
dishonesty.

13. REMOVAL OF “COMMITTEE OF MANAGEMENT”:

a. Any officer may be removed whenever it is necessary and desirable before


his term of office expires. To effect this, an application in writing stating the
reason for such removal shall be made to the Secretary, who would summon
a Special General Meeting at which the matter shall be decided by the
majority of votes of the members present.
b. In the event of the Committee of Management not functioning in the best
interest of the Organization, the members may request that a special Meeting
be summoned for the purpose of considering the matter, and if in the opinion
of the majority of members present, the Committee of Management should
be removed the members shall call upon them forthwith to vacate their seats.

c. The Committee of Management having vacated their seats, the members


shall have the power there and then to appoint a new Committee of
Management.

14. PRESIDENT

The President shall preside at all meetings of the Organization. He/she shall
preserve order, and administrate the business of the Organization in accordance
with the rules. He/she shall have an original vote at meetings over which he
presides, as well as a casting vote in case there is an equality of votes in
deciding any matter.

15. VICE PRESIDENT

a. The Vice-President shall assist the President in all his/her duties and shall act
as President in his/her absence.

b. In the absence of the President and Vice-President, the Secretary shall preside.

16. SECRETARY & ASSISTANT SECRETARY:

a. He/she shall record correctly the names of the officers, members of the
committee of Management, trustee and other members there present, and the
minute of the proceedings, which he shall transcribe into a book to be
authenticated by the signature of the President as the proceedings of the
meeting.

b. In the absence the Secretary the Assistant Secretary shall attend all meetings
of the Organization, and of the Committee of Management.
c. He/she shall receive proposals for admission to the Organization, he/she
shall at the close of every Meeting; or in case of receipts at other times,
forthwith hand over all moneys received by him to the Treasurer.
d. He/she shall produce all books, documents, property and money of the
Society in his possession, and render a full and clear account at each audit
and whenever required by resolution of the Organization or of the
Committee of Management or by the trustees. He/she shall also pay over all
money, and give up all books, documents and property belonging to the
Organization when ordered to do so by the Committee of Management.

e. He/she shall summon and give due notice to all meetings of the Organization
and of the Committee of Management, and keep the account’s, documents
and papers of the Society in such manner and for purposes as the Committee
of Management may appoint and shall prepare all returns and other
documents required by the act and duly forward them to the registrar.

f. The Secretary shall, on all occasions, in the execution of his/her office, act
under the superintendence, control and direction of the Committee of
Management.

17. TRUSTEES:

a. All deeds, documents of title and securities for money shall be held by the
Trustee, who shall take such measures for the safe custody and preservation
thereof, at the expense of the Organization as they think fit, and they shall be
‘responsible for the safe custody of all deeds, documents and securities as
are placed in their hands, or under their control and shall produce them for
inspection by the auditors when required by a resolution of a general
Meeting of the Committee.

b. The Trustees shall be the persons to sue and be sued on behalf of the
Organization.

c. If any trustee, being removed from office, refuses or neglects to assign or


transfer any property of the Organization as a General Meeting may direct,
such trustee may be expelled, and if so shall cease to have any claim on the
Organization without prejudice to any liability to prosecution.
18. TREASURER:

a. The Treasurer shall take charge of the funds of the Organization, which are
not invested and pay all demands when ordered to do so by the Organization
or by the Committee of Management or by the President and Secretary for
the time being.

b. He/she shall not pay any money without written authority signed by the
President and the Secretary, or another officer in case of incapacity of the
President or the Secretary.

c. He/she shall produce all books, documents properly and money of the
Society in his possession and render a full and clear account at each audit
whenever required by resolution of the Society, or of the Committee of
Management or by the Trustee. He/she shall also give up all books,
documents, moneys and property of the Organization in his/her possession
when required to do so by a resolution of the Organization, or of the
committee of Management or by the Trustees.

19. INVESTMENT OF FUNDS

a. So much of the funds of the Organization as may not be wanted for


immediate use, or to meet the usual accruing liabilities, shall with the
consent of the Committee, or a majority of the members of the Organization
present and entitled to vote in General Meetings be invested by the trustees
in any bank or person carrying the business of banking in Guyana.

b. The Organization may purchase or take on lease in the names of the Trustees
any land, and may sell exchange, mortgage, lease or build upon that land
(with power to alter and pull down buildings and again rebuild).

c. Mortgages or other assurance for securing money to the Organization may


be vacated by a receipt endorsed or annexed, signed by the trustees, and
countersigned by the Secretary.
20. AUDIT

a. The books and accounts of the Organization shall be presented to the


Registrar for audit as prescribed in Section 27 of the Friendly Societies Act,
Chapter, 36:04 provided that an auditor may be appointed by the Society for
an internal audit of such books and accounts.

21. ANNUAL RETURN:

a. Every year before the first day of May, the Secretary of the Organization
shall send to the Registrar a general statement (to be called “Annual Return’)
of the receipts and expenditure, funds and effects of the Organization, and
the statement shall show separately the expenditure in respect of the several
objectives of the Organization and shall be made out on the thirty first (31st)
day of December, the last day inclusive.

22. INSPECTION OF BOOKS

a. The Committee of Management shall cause the books of the Organization to


be available for the inspection of any member or person having an interest
in the funds of the Organization at all reasonable hours, at the registered
office of the Organization, or at any place where the books are kept and it
shall be the duty of the Secretary to produce the same accordingly.

b. It shall be the duty of the Committee of Management to keep a copy of the


last annual balance sheet together with any special report of the auditors,
always hung in a conspicuous place at the registered office of the
organization.

23. DISPUTES

i. If any dispute shall arise between a member or a person claiming through


a member or under the rules or any person aggrieved who has ceased to
be a member or any person claiming through such person aggrieved and
the Society or any officer of the Organization, it shall be decided by
reference to Arbitration.

ii. Five arbitrators shall be elected at a General Meeting none of them being
directly or indirectly interested in the funds of the Organization; and any
vacancies shall be filled at a General Meeting. In each case of dispute, the
names of the arbitrators shall be written on pieces of paper and placed in
a box, and the three whose names are first drawn out by the complaining
party or by someone appointed by them, shall be the arbitrators to decide
on the matter in dispute.
Appeal if any can be made to the Registrar of Friendly Societies.

24. VOLUNTARY RETIREMENT:

Any member shall be entitled to withdraw at any time from the Organization by
tendering his resignation to the Secretary in writing.

25. SEAL:

The organization shall have a seal in the form of a rubber stamp with the name
of the Organization embossed thereon. The seal shall be affixed to all
correspondence and documents of the Organization. Such seal must be kept in
the custody and possession of the Secretary.

26. ACCOUNTS:

The Committee of Management shall cause the accounts of the Organization to


be kept regularly by the Secretary in proper books.

27. VOLUNTARY DISSOLUTION:

a) The Organization may at any time be dissolved by the consent of five-


sixths in value of the members, including honorary members, if any,
testified by their signatures to an instrument of dissolution and also by
written consent of every person for the time being receiving or entitled to
receive any relief, annuity or other benefits from the fund,, unless the
claim of that person is first duly satisfied or adequate provision is made
for satisfying such claim.
b) Upon dissolution of the organization all the remaining assets shall be
given to a charitable organization registered to fulfill the same objectives
the organization was registered for.

28. APPLICATION

a. One-fifth of the total number of members, or if the number of member is


1,000 or more, then number of members, as is prescribed by the Act, by
an application in writing to the Registrar, signed by them on that behalf,
may apply:

i. For the appointment of one or more inspectors to examine into and


report on the affairs of the Organization;
ii. For the calling of a Special Meeting of the Organization;
iii. For the investigating into the affairs of the Organization with a view
to the dissolution thereof where the funds are insufficient to meet the
existing claims thereon, ,or the rates of contribution fixed in the rules
are insufficient to cover the benefits assured.

29. SUBSCRIPTION

The monthly subscriptions of the Organization which must be paid to the


Secretary only, at the registered office of the Society shall be $100.00 per
month.

30. DONATIONS

The Committee shall have power to accept donations on behalf of the


Organization.

31. MANAGEMENT FUND:

a. The necessary expenses of management of the organizations shall be


provided for out of subscriptions

b. Should the amount expended in management exceed the income of the


management fund, a levy shall be made upon all members to make up such
deficiency.

32. MISCONDUCT OF MEMBERS:

i. The Committee of Management shall have power to expel suspend or to


impose a fine not exceeding G$1,000 on any member who, in its opinion in
any member guilty of such misconduct or unseemly behaviour within or
without the precincts of the meeting hall of the Society, as will bring the
organization into dispute.
ii. The member concerned shall be served with a copy of the charge laid
against him or her at least three (3) days before the date fixed for the
hearing thereof.

iii.The Committee of Management shall not proceed to consider the charge


unless at least seven (7) members are present

iv. All fines and levies shall be regarded as subscriptions and the provisions of
these rules as to arrears of contributions shall apply.

v. No persons expelled under the provisions of this rule shall apply for
reenrollment until six (6) months has elapsed.

33. ANNIVERSARY:

The Anniversary of this Society may be held in the month of December in each
year. No part of the expenses of the anniversary shall come out of any of the
funds. Attendance shall be voluntary.

34. QUORUM

One third of the ordinary members shall constitute a quorum for any meeting
other than a meeting of the Committee of Management. Provided that a Special
General Meeting called for the purpose of amending these rules the quorum
shall be two thirds of the total membership.
Five persons shall constitute the quorum for the committee of management
meetings

35. THE COMMITTEE OF MANAGEMENT

The Committee of Management shall meet at least once every month on days
and hours as may be agreed from time to time. The President or if he be absent,
the Vice –president, shall preside. Any five Committee members shall form a
quorum and shall have full power to superintend and conduct the business of
the Organization according to the Rules thereof, and shall in all things act for
and in the name of the Organization. Every question shall be decided by a
majority of votes, and if the votes are equal the President shall have a casting in
addition to his vote as a member.
36. COPIES OF RULES:

The Committee of Management shall relieve to every person on demand, a copy


of the rules on payment of G$........ for members and G$........... for non-
members.

37. CASH BALANCE AT YEAR-END

All cash balance shall be paid into the bank on or before the last day of
December.
Signatures:

1. …………………………..

2. ……………………………

3. ……………………………

4. ……………………………

5. ……………………………

6. ……………………………

7. ……………………………

Needed is copy of photo ID and addresses of the persons

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