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ACDNAC's Association Rules 1-20
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ACDNAC's Association Rules 1-20
ACDNAC's Association Rules 21-37
ACDNAC's Association Rules 38-39 - Director's Duties
ACDNAC's Association Rules 40-50
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ACDNAC's 
Association Rules 1-20

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Section 1
Interpretation

 

1.1 In these Rules— Act means the South Carolina Nonprofit Corporation Act of 1994.

present

(a) at a Management Committee meeting, see Section 23.6; or

(b) at a General Meeting, see Section 37.2.

 

1.2 A word or expression that is not defined in these model rules, but is defined in the Act has, if the context permits, the meaning given by the Act.

 

Section 2

Name

 

2.1 The name of the incorporated association is the Association For The Creation & Development Of New Age Corporations (“ACDNAC” / “the Association”. 

 

Section 3

Objectives

 

3.1 The objective of the association is the economic empowerment of predominantly African American communities by promoting, educating, coordinating, facilitating and helping African American communities create, community based New Age Corporations that are funded, owned, managed, controlled and operated by share holding members of the community wherein the Board of Directors works to benefit the shareholders from the community that have an ownership interest. 

 

Section 4

Powers

 

4.1 The association has the powers of an individual.

 

4.2 The association may, for example—

(a) enter into contracts; and

(b) acquire, hold, deal with and dispose of property; and

(c) make charges for services and facilities it supplies; and

(d) do other things necessary or convenient to be done in carrying out its affairs.

 

4.3 The association may take over the funds and other assets and liabilities of the present unincorporated association known as the Signatories to the Declarations & Attestations of Exclusive Use, Rights, & Co-owner of Copyrights, Patents, Trademarks and/or Trade Names of New Age Corporations that come into existence as a direct and/or indirect result of New Age Capitalism and New Age Thinking (the “Unincorporated Association”

 

4.4 The association may also issue secured and unsecured notes, debentures and debenture stock for the association.

 

Section 5

Classes Of Members

 

5.1 The membership of the association consists of ordinary members and any of the following classes of members— the Signatories.

 

5.2 The number of ordinary members is unlimited.

 

Section 6

Automatic Membership

 

6.1 A person who, on the day the association is incorporated, was a member of the unincorporated association – the Signatories, and who, on or before a day fixed by the Management Committee, agrees in writing to become a member of the incorporated association, must be admitted by the Management Committee—

(a) to the equivalent class of membership of the association as the member held in the unincorporated association; or

(b) if there is no equivalent class of membership—as an ordinary member.

 

Section 7

New Membership

 

7.1 An applicant for membership in the association must be proposed by 1 member of the association (the proposer) and seconded by another member (the seconder.)

 

7.2 An application for membership must be—

(a) in writing; and

(b) signed by the applicant and the applicants proposer and seconder; and

(c) in the form decided by the Management Committee.

 

Section 8

Membership Fees

 

8.1 The membership fee for each ordinary membership and for each other class of membership (if any)—

(a) is the amount decided by the members from time to time at a General Meeting; and

(b) is payable when, and in the way, the Management Committee decides.

 

8.2 A member of the incorporated association who, before becoming a member, has paid the members monthly or annual subscription for membership of the unincorporated association on or before a day fixed by the Management Committee, is not liable to pay a further amount of either a monthly or an annual subscription for the period before the day fixed by the Management Committee as the day on which the next annual subscription is payable.

 

8.3 Membership fees are currently $25.00 (twenty-five dollars) monthly.

 

8.4 Membership fees can be paid monthly, quarterly, semi-annually or annually, by cash, check, wire, postal money order, traveler's check, certified check or by bank draft. Check's wires and money orders are made payable to ACDNAC.

 

8.5 Membership fees that are paid in cash are paid to the Chairperson of the Membership Committee if paid in any manner or form that is identified in Subsection 8.4, other than a bank draft. A receipt or Acknowledgment Form shall be given to any person paying with cash. If there is no Chairperson of the Membership Committee, membership fees; other than a bank draft, can be paid to the Treasurer, Chair or Co-Chair or the Executive Director.

 

8.6 Membership fees paid by bank draft or made payable to ACDNAC.

 

Section 9

Admission And Rejection Of New Members

 

9.1 The Management Committee must consider an application for membership at the next committee meeting held after it receives—

(a) the application for membership; and

(b) the appropriate membership fee for the application.

(c) $25.00 must accompany each application for membership.

 

9.2 The Management Committee must ensure that, as soon as possible after the person applies to become a member of the association, and before the Management Committee considers the persons application, the person is advised—

(a) whether or not the association has public liability insurance; and

(b) if the association has public liability insurance—the amount of the insurance.

 

9.3 The Management Committee must decide at the meeting whether to accept or reject the application.

 

9.4 If a majority of the members of the Management Committee present at the meeting vote to accept the applicant as a member, the applicant must be accepted as a member for the class of membership applied for.

 

9.5 The secretary of the association must, as soon as practicable after the Management Committee decides to accept or reject an application, give the applicant a written notice of the decision.

 

Section 10

When Membership Ends

 

10.1 A member may resign from the association by giving a written notice of resignation to the secretary.

 

10.2 The resignation takes effect at—

(a) the time the notice is received by the secretary; or

(b) if a later time is stated in the notice—the later time.

 

10.3 The Management Committee may terminate a member's membership if the member—

(a) is convicted of an indictable offense; or

(b) does not comply with any of the provisions of these rules; or

(c) has membership fees in arrears for at least 2 months; or

(d) conducts himself or herself in a way considered to be injurious or prejudicial to the character or interests of the association.

 

10.4 Before the Management Committee terminates a member’s membership, the committee must give the member a full and fair opportunity to show why the membership should not be terminated.

 

10.5 If, after considering all representations made by the member, the Management Committee decides to terminate the membership, the secretary of the committee must give the member a written notice of the decision.

 

Section 11

Appeal Against Rejection

Or Termination Of Membership

 

11.1 A person whose application for membership has been rejected, or whose membership has been terminated, may give the secretary written notice of the persons intention to appeal against the decision.

 

11.2 A notice of intention to appeal must be given to the secretary within 1 month after the person receives written notice of the decision.

 

11.3 If the secretary receives a notice of intention to appeal, the secretary must, within 1 month after receiving the notice, call a General Meeting to decide the appeal.

 

Section 12

General Meeting To Decide Appeal

 

12.1 The General Meeting to decide an appeal must be held within 3 months after the secretary receives the notice of intention to appeal.

 

12.2 At the meeting, the applicant must be given a full and fair opportunity to show why the application should not be rejected or the membership should not be terminated.

 

12.3 Also, the Management Committee and the members of the committee who rejected the application or terminated the membership must be given a full and fair opportunity to show why the application should be rejected or the membership should be terminated.

 

12.4 An appeal must be decided by a majority vote of the members present and eligible to vote at the meeting.

 

12.5 If a person whose application for membership has been rejected does not appeal against the decision within 1 month after receiving written notice of the decision, or the person appeals but the appeal is unsuccessful, the secretary must, as soon as practicable, refund the membership fee paid by the person.

 

Section 13

Register Of Members

 

13.1 The Management Committee must keep a register of members of the association.

13.2 The register must include the following particulars for each member—
(a) the full name of the member;

(b) the postal or residential address of the member;

(c) the date of admission as a member;

(d) the date of death or time of resignation of the member;

(e) details about the termination or reinstatement of membership;

(f) any other particulars the Management Committee or the members at a general meeting decide.

 

13.3 The register must be open for inspection by members of the association at all reasonable times.

 

13.4 A member must contact the secretary to arrange an inspection of the register.

 

13.5 However, the Management Committee may, on the application of a member of the association, withhold information about the member (other than the members full name) from the register available for inspection if the management committee has reasonable grounds for believing the disclosure of the information would put the member at risk of harm.

 

Section 14

Prohibition On Use

Of Information On Register Of Members

 

14.1 A member of the association must not and may not—

(a) use information obtained from the register of members of the association to contact, or send material to, another member of the association for the purpose of advertising for political, religious, charitable or commercial purposes; or

(b) disclose information obtained from the register to someone else, knowing that the information is likely to be used to contact, or send material to, another member of the association for the purpose of advertising for political, religious, charitable or commercial purposes.

 

14.2 Subsection 14.1 does not apply if the use or disclosure of the information is approved by the association.

 

Section 15

Appointment Or Election Of Secretary

 

15.1 The secretary must be an individual residing in Orangeburg, South Carolina, or in another County in South Carolina but not more than 90 miles from Orangeburg, who is—

(a) a member of the association elected by the association as secretary; or

(b) any of the following persons appointed by the Management Committee as secretary—

(i) a member of the association's Management Committee;

(ii) another member of the association;

(iii) another person that is not an ACDNAC member.

 

15.2 If the association has not elected an interim officer as secretary for the association before its incorporation, the members of the Management Committee must ensure a secretary is appointed or elected for the association within 1 month after incorporation. ACDNAC was officially incorporated on February 29, 2016.

 

15.3 If a vacancy happens in the office of secretary, the members of the Management Committee must ensure a secretary is appointed or elected for the association within 1 month after the vacancy happens.

 

15.4 If the Management Committee appoints a person mentioned in Subsection 15.1(b)(ii) as secretary, other than to fill a casual vacancy on the Management Committee, the person does not become a member of the Management Committee, until voted on and accepted by the Management Committee.

 

15.5 However, if the Management Committee appoints a person mentioned in Subsection 15.1(b)(ii) as secretary to fill a casual vacancy on the Management Committee, the person becomes a member of the Management Committee without a vote.

 

15.6 If the Management Committee appoints a person mentioned in Subsection 15.1(b)(iii) as secretary, the person does not become a member of the Management Committee, until voted on and accepted by the Management Committee.

 

15.7 In this rule—casual vacancy, on a Management Committee, means a vacancy that happens when an elected member of the Management Committee resigns, dies or otherwise stops holding office.

 

Section 16

Removal Of Secretary

 

16.1 The Management Committee of the association may at any time remove a person appointed by the committee as the secretary.

 

16.2 If the Management Committee removes a secretary who is a person mentioned in Section 15.1(b)(i), the person remains a member of the Management Committee.

 

16.3 If the Management Committee removes a secretary who is a person mentioned in Section 15.1(b)(ii) and who has been appointed to a casual vacancy on the Management Committee under Section 15.5, the person remains a member of the Management Committee.

 

Section 17

Functions Of Secretary

 

17.1 The secretary’s functions include, but are not limited to—

(a) calling meetings of the association, including preparing notices of a meeting and of the business to be conducted at the meeting in consultation with the president of the association; and

(b) keeping minutes of each meeting; and

(c) keeping copies of all correspondence and other documents relating to the association; and

(d) maintaining the register of members of the association.

 

Section 18

Membership Of

The Management Committee

 

18.1 The Management Committee of the association consists of a Chair, Co-Chair, Treasurer, Secretary and any other member(s) the association members elect at a General Meeting.

 

18.2 A member of the Management Committee, other than a secretary appointed by the Management Committee under Section 15.1(b)(iii), must be a member of the association.

 

18.3 At each Annual General Meeting of the association, the members of the Management Committee must retire from office, but are eligible, on nomination, for re-election.

 

18.4 A member of the association may be appointed to a casual vacancy on the Management Committee under Section 21.

 

Section 19

Electing The Management Committee

 

19.1 A member of the Management Committee may only be elected as follows—

(a) any 2 members of the association may nominate another member (the candidate) to serve as a member of the Management Committee;

(b) the nomination must be—

(i) in writing; and

(ii) signed by the candidate and the members who nominated him or her; and

(iii) given to the secretary at least 14 days before the annual general meeting at which the election is to be held;

(c) each member of the association present and eligible to vote at the annual general meeting may vote for 1 candidate for each vacant position on the management committee;

(d) if, at the start of the meeting, there are not enough candidates nominated, nominations may be taken from the floor of the meeting.

 

19.2 A person may be a candidate only if the person—

(a) is an adult; and

(b) is not ineligible to be elected as a member due to:

(i) Illness and/or incapacitation,

(ii) Incarceration,

(iii) Mental instability,

(iv) Age, less than 18 years old,

(v) Child birth and/or with babies less than 13 years old,

(vi) Any reason the Executive Director and the Officers of the  Management Committee believe would not be beneficial to ACDNAC.

 

19.3 A list of the candidates names in alphabetical order, with the names of the members who nominated each candidate, must be posted in a conspicuous place in the office or in the usual place of the meeting of the association for at least 7 days immediately preceding the Annual General Meeting.

 

19.4 If required by the Management Committee, balloting lists must be prepared containing the names of the candidates in alphabetical order.

 

19.5 The Management Committee must ensure that, before a candidate is elected as a member of the Management Committee, the candidate is advised—

(a) whether or not the association has public liability insurance; and

(b) if the association has public liability insurance—the amount of the insurance.

 

Section 20

Resignation, Removal Or Vacation

Of Office Of Management Committee Member

 

20.1 A member of the Management Committee may resign from the committee by giving written notice of resignation to the secretary.

 

20.2 The resignation takes effect at—

(a) the time the notice is received by the secretary; or

(b) if a later time is stated in the notice—the later time.

 

20.3 A member may be removed from office at a General Meeting of ACDNAC if a majority of the members present and eligible to vote at the meeting vote in favour of removing the member.

 

20.4 Before a vote of members is taken about removing the member from office, the member who is to be removed, must be given a full and fair opportunity to show cause why he or she should not be removed from office.

 

20.5 A member has no right of appeal against the member’s removal from office under this rule.

 

20.6 The office of a member of the Management Committee shall be vacated in such circumstances (if any) as may be prescribed by the rules or if the person holding that office ---

(a) dies; or

(b) becomes bankrupt or compounds with creditors or otherwise takes advantage of the laws in force for the time being related to bankruptcy; or

(c) is ---

(i) convicted of an offense under the Act.

(ii) convicted of an indictable offense, or an offense punishable onsummary conviction for the person is sentenced to imprisonment, other in default of payment of a fine, or

(d) has been convicted on indictment or summarily and sentenced to imprisonment,other than in default of payment of a fine, and the rehabilitation period in relation to the conviction has not expired.

(e) becomes addicted to drugs (legally prescribed or otherwise) that impairs judgment, reasoning, decision-making and/or his or her ability to function in a leadership position or capacity.

 
By: George M. Sistrunk - 4/29/16

Last updated on

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