ACDNAC Members
ACDNAC's Association Rules 21-37
Members' Work From Home Information Site
ACDNAC's Long Term Funding Outline
What Are Black Americans Doing To Empower Themselves Economically?
Economically Centered Quotes To Remember
Black Economic Empowerment From The Grassroots
Conducting A Successful Grassroots Economic Empowerment Meeting
What Are Hispanics Doing To Empower Themselves Economically?
Africa - Still A Basket Case, The Plundering Of African & Still No Economic Empowerment
Standrd Agenda For Any Economic Empowerment Forum
Standard Women's Economic Empowerment Flyer
Spotlight On Business
Leigh's Tea N' Talk
ACDNAC Talking Points
ACDNAC's Gift Acceptance Policies
How ACDNAC Educates
COMING SOON - Member Benefits
Nonprofit Governance & Compliance
Duties & Responsibilities
Traditional Fundraising Methods
Conflict Of Interest Policies
Understanding Gifting & The Gift Tax
5 Things ACDNAC Was Doing Wrong
8 Cardinal Rules Of Writing A Fundraising Letter
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
Videos That Will Help You Understand The Magnitude Of Our Problem
Videos For Personal Growth And Increased Understanding
Well Documented Videos That Might Explain The Way The World Is
Self Help & Motivational Videos I
Self Help & Motivational Videos II
Self Help & Motivational Videos III
Self Help & Motivational Videos IV
Self Help & Motivational Videos V
 
ACDNAC's 
Association Rules 21-37

smalllogobw.jpg

Section 21

Vacancies On The Management Committee

 

21.1 If a casual vacancy happens on the Management Committee, the continuing members of the committee may appoint another member of the association to fill the vacancy until the next Annual General Meeting.

 

21.2 The continuing members of the Management Committee may act despite a casual vacancy on the Management Committee.

 

21.3 However, if the number of committee members is less than the number fixed under Section 24.1 as a quorum of the Management Committee, the continuing members may act only to—

(a) increase the number of Management Committee members to the number required for a quorum; or

(b) call a General Meeting of the association.

 

Section 22

Functions Of Management Committee

 

22.1 Subject to these rules or a resolution of the members of the association carried at a General Meeting, the Management Committee has the general control and management of the administration of the affairs, property and funds of the association.

 

22.2 The Management Committee has authority to interpret the meaning of these rules and any matter relating to the association on which the rules are silent, but any interpretation must have regard to the Act, including any regulation made under the Act.

Note:The Act prevails if the association’s rules are inconsistent with the Act.

 

22.3 The Management Committee may exercise the powers of the association—

(a) to borrow, raise or secure the payment of amounts in a way the members of the association decide; and

(b) to secure the amounts mentioned in paragraph (a) or the payment or performance of any debt, liability, contract, guarantee or other engagement incurred or to be entered into by the association in any way, including by the issue of debentures (perpetual or otherwise) charged upon the whole or part of the associations property, both present and future; and

(c) to purchase, redeem or pay off any securities issued; and

(d) to borrow amounts from members and pay interest on the amounts borrowed; and

(e) to mortgage or charge the whole or part of its property; and

(f) to issue debentures and other securities, whether outright or as security for any debt, liability or obligation of the association; and

(g) to provide and pay off any securities issued; and

(h) to invest in a way the members of the association may from time to time decide.

 

22.4 For Subsection 22.3(d), the rate of interest must not be more than the current rate being charged for overdrawn accounts on money lent (regardless of the term of the loan) by—
(a) the financial institution for the association; or

(b) if there is more than 1 financial institution for the association—the financial institution nominated by the Management Committee.

 

22.5 The Management Committee must work with and consult with the Executive Director on all matters relative to:

(a) the growth and development of ACDNAC,

(b) relationships with affiliates or partners (community or otherwise),

(c) rules, amendments, revocations or any other change(s) to the rules,

(d) bylaws, amendment(s) to the bylaws,

(e) all financial matters, and,

(f) compliance with all state, rules, statues, regulations or local ordinances and any federal and/or international regulation or law.

(g) governance and all standards (performance or otherwise) relative to ordinary members and signatories.

 

Section 23

Meetings Of Management Committee

 

23.1 Subject to this Section 23, the Management Committee may meet and conduct its proceedings as it considers appropriate.

 

23.2 The Management Committee must meet at least once every 4 months to exercise its functions.

 

23.3 The Management Committee must decide how a meeting is to be called.

23.4 Notice of a meeting is to be given in the way decided by the Management Committee.

23.5 The Management Committee may hold meetings, or permit a committee member to take part in its meetings, by using any technology that reasonably allows the member to hear and take part in discussions as they happen.

 

23.6 A committee member who participates in the meeting as mentioned in Subsection 23.5 is taken to be present at the meeting.

 

23.7 A question arising at a committee meeting is to be decided by a majority vote of members of the committee present at the meeting and, if the votes are equal, the deciding vote will be cast by the Adviser to the Executive Director.

 

23.8 A member of the Management Committee must not vote on a question about a contract or proposed contract with the association if the member has an interest in the contract or proposed contract and, if the member does vote, the members vote must not be counted.

 

23.9 The Executive Director, Chair and/or Co-Chair of the Management Committee shall preside over all meetings of the Management Committee.

 

23.10 If there is no Executive Director or if the Executive Director is not present within 10 minutes after the time fixed for a Management Committee meeting, the Chair and/or Co-chair shall preside over the meeting.

 

23.11 Only ACDNAC business is to be discussed at meetings. No personal stories permitted or discussion of someone else’s business is allowed during meetings unless directly related to ACDNAC ‘s goals and/or objectives.

 

23.12 No babies or young children less than 18 years allowed during ACDNAC meetings.

 

Section 24

Quorum For, And

Adjournment Of, Management Committee Meetings

 

24.1 At a Management Committee meeting, more than 50% of the members elected to the committee as at the close of the last General Meeting of the members form a quorum.

 

24.2 If there is no quorum within 30 minutes after the time fixed for a Management Committee meeting called on the request of members of the committee, the meeting lapses.

 

24.3 If there is no quorum within 30 minutes after the time fixed for a Management Committee meeting called other than on the request of the members of the committee—

(a) the meeting is to be adjourned for at least 1 day; and

(b) the members of the Management Committee who are present are to decide the day, time and place of the adjourned meeting.

 

24.4 If, at an adjourned meeting mentioned in Subsection 24.3, there is no quorum within 30 minutes after the time fixed for the meeting, the meeting lapses.

 

Section 25

Special Meeting Of Management Committee

 

25.1 If the secretary receives a written request signed by at least 33% of the members of the Management Committee, the secretary must call a special meeting of the committee by giving each member of the committee notice of the meeting within 14 days after the secretary receives the request.

 

25.2 If the secretary is unable or unwilling to call the special meeting, the Executive Director must call the meeting.

 

25.3 A request for a special meeting must state—

(a) why the special meeting is called; and

(b) the business to be conducted at the meeting.

 

25.4 A notice of a special meeting must state—

(a) the day, time and place of the meeting; and

(b) the business to be conducted at the meeting.

 

25.5 A special meeting of the Management Committee must be held within 14 days after notice of the meeting is given to the members of the Management Committee.

 

Section 26

Minutes Of Management Committee Meetings

 

26.1 The secretary must ensure full and accurate minutes of all questions, matters, resolutions and other proceedings of each Management Committee meeting are entered in a minute book.

 

26.2 To ensure the accuracy of the minutes, the minutes of each Management Committee meeting must be signed by the Chair, Co-chair or the Executive Director of the meeting, or the Chair, Co-Chair or the Executive Director at the next Management Committee meeting, verifying their accuracy.

 

Section 27

Appointment Of Subcommittees

 

27.1 The Management Committee may appoint a subcommittee consisting of members of the association considered appropriate by the committee to help with the conduct of the associations operations.

27.2 A member of the subcommittee who is not a member of the Management Committee is not entitled to vote at a Management Committee meeting.

27.3 A subcommittee may elect a chairperson for its meetings.

 

27.4 If a chairperson is not elected, or if the chairperson is not present within 10 minutes after the time fixed for a meeting, the members present may choose 1 of their number to be chairperson of the meeting.

 

27.5 A subcommittee may meet and adjourn as it considers appropriate.

 

27.6 A question arising at a subcommittee meeting is to be decided by a majority vote of the members present at the meeting and, if the votes are equal, the question is decided in the negative.

 

Section 28

Acts Not Affected By Defects or Disqualifications

 

28.1 An act performed by the Management Committee, a subcommittee or a person acting as a member of the Management Committee is taken to have been validly performed.

 

28.2 Subsection 28.1 applies even if the act was performed when—

(a) there was a defect in the appointment of a member of the Management Committee, subcommittee or person acting as a member of the Management Committee; or

(b) a Management Committee member, subcommittee member or person acting as a member of the Management Committee was disqualified from being a member.

 

Section 29

Resolutions By The

Management Committee Without A Meeting

 

29.1 A written resolution signed by the Chair, Co-Chair and the Executive Director is as valid and effectual as if it had been passed at a committee meeting that was properly called and held.

 

29.2 A resolution mentioned in Subsection 29.1 may consist of several documents in like form, each signed by the Chair, Co-chair and the Executive Director.

 

Section 30

First Annual General Meeting

 

30.1 The first Annual General Meeting must be held within 6 months after the end date of the association's first reportable financial year.

 

Section 31

Subsequent Annual General meetings

 

31.1 Each subsequent annual general meeting must be held—

(a) at least once each year; and

(b) within 6 months after the end date of the association's reportable financial year.

 

Section 32

Business To Be Conducted At The Annual General Meeting

 

32.1 The following business must be conducted at each Annual General Meeting of the association—

(a) receiving the association's financial statement, and audit report, for the last reportable financial year;

(b) presenting the financial statement and audit report to the meeting for adoption;

(c) electing members of the Management Committee;

(d) appointing an auditor, an accountant or an approved person for the present financial year, if needed.

 

Section 33

Notice Of General Meeting

 

33.1 The secretary may call a General Meeting of the association.

 

33.2 The secretary must give at least 14 days notice of the meeting to each member of the association.

 

33.3 If the secretary is unable or unwilling to call the meeting, the Executive Director, Chair or Co-chair must call the meeting.

 

33.4 The Management Committee may decide the way in which the notice must be given.

 

33.5 However, notice of the following meetings must be given in writing—

(a) a meeting called to hear and decide the appeal of a person against a Management Committee's decision—

(i) to reject the person's application for membership of the association;

(ii) to terminate the person's membership of the association;

(b) a meeting called to hear and decide a proposed special resolution of the association.

 

33.6 A notice of a General Meeting must state the business to be conducted at the meeting.

 

Section 34

Quorum For, And Adjournment Of A General Meeting

 

34.1 The quorum for a General Meeting is at least the number of members elected or appointed to the Management Committee at the close of the association's last General Meeting.

 

34.2 However, if all members of the association are members of the Management Committee, the quorum 2/3 of the total number of members.

 

34.3 No business may be conducted at a General Meeting unless there is a quorum of members when the meeting proceeds to business.

 

34.4 If there is no quorum within 30 minutes after the time fixed for a General Meeting called on the request of members of the Management Committee or the association's membership, the meeting lapses.

 

34.5 If there is no quorum within 30 minutes after the time fixed for a general meeting called other than on the request of members of the Management Committee or the association—

(a) the meeting is to be adjourned for at least 7 days; and

(b) the Management Committee is to decide the day, time and place of the adjourned meeting.

 

34.6 The Executive Director may, with the consent of the members at any meeting at which there is a quorum, and must; if directed by the membership, adjourn the meeting from time to time and from place to place.

 

34.7 If a meeting is adjourned under Subsection 34.6, only the business left unfinished at the meeting from which the adjournment took place may be conducted at the adjourned meeting.

 

34.8 The secretary is not required to give the members notice of an adjournment or of the business to be conducted at an adjourned meeting unless a meeting is adjourned for at least 30 days.

 

34.9 If a meeting is adjourned for at least 30 days, notice of the adjourned meeting must be given in the same way notice is given for an original meeting.

 

Section 35

Procedure At A General Meeting

 

35.1 Any member may take part and vote in a General Meeting in person, by proxy, by attorney or by using any technology that reasonably allows the member to hear and take part in discussions as they happen.

 

35.2 A member who participates in a meeting as mentioned in Subsection 35.1 is taken to be present at the meeting.

 

35.3 At each General Meeting—

(a) the Executive Director is to preside as chairperson; and

(b) if there is no Executive or if the Executive is not present within 15 minutes after the time fixed for the meeting or is unwilling to act, the Chair or Co-chair of the Management Committee may preside over the General Meeting; and

(c) All meetings; General or otherwise, must be conducted in a proper and orderly way.

 

Section 36

Voting At A General Meeting

 

36.1 At a General Meeting, each question, matter or resolution, other than a special resolution, must be decided by a majority of votes of the members present.

 

36.2 Each member present and eligible to vote is entitled to 1 vote only and, if the votes are equal, the Executive Director has a casting vote as well as a primary vote.

 

36.3 A member is not entitled to vote at a General Meeting if the member's annual subscription is in arrears at the date of the meeting.

 

36.4 The method of voting is to be decided by the Management Committee & the Executive Director.

 

36.5 However, if at least 20% of the members present demand a secret ballot, voting must be by secret ballot.

 

36.6 If a secret ballot is held, the Executive Director must appoint 2 members to conduct the secret ballot in the way the Executive Director and the Chair and Co-chair of the Management Committee decides.

 

36.7 The result of a secret ballot as declared by the Executive Director is taken to be a resolution of the meeting at which the ballot was held.

 

Section 37

Special General Meeting

 

37.1 The secretary must call a Special General Meeting by giving each member of the association notice of the meeting within 14 days after—

(a) being directed to call a Special General Meeting by the Executive Director,

(b) being directed to call a Special General Meeting by the Management Committee; or

(c) being given a written request signed by—

(i) at least 30% of the number of members of the Management Committee when the request is signed; or

(ii) at least 30% of the number of ordinary members of the association when the request is signed; or

(d) being given a written notice of an intention to appeal against the decision of the Management Committee—

(i) to reject an application for membership; or

(ii) to terminate a person's membership.

 

37.2 A request mentioned in Subsection 37.1(c) must state—

(a) why the Special General Meeting is being called; and

(b) the business to be conducted at the meeting.

 

37.3 A special general meeting must be held within 3 months after the secretary—

(a) is directed to call the meeting by the management committee; or

(b) is given the written request mentioned in Subsection 37.1(c); or

(c) is given the written notice of an intention to appeal mentioned in Subsection 37.1(d).

 

37.4 If the secretary is unable or unwilling to call the special meeting, the Executive Director or the Chair or Co-Chair must call the meeting.

 
 
By: George M. Sistrunk - 4/30/16

Last updated on

previous_btn.gif
next_btn.gif
2015-2016 George M. Sistrunk.  All Rights Reserved. POB 217  Orangeburg, SC 29116 - Ph: 803-347-6638
 
All images from Google's public source as of March 2, 2016