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Association Rules 40-50


Section 40



40.1 An instrument appointing a proxy must be in writing and be in the following or similar form—




I, ______________of _________ , being a member of ACDNAC, appoint ____ as my proxy to vote for me on my behalf at the (annual) general meeting of the association, to be held on the day_____ of ______ 20 _____, and at any adjournment of the meeting.

Signed this _______day of________ 20 ______.

Signature __________________


40.2 The instrument appointing a proxy must—

(a) if the appointor is an individual—be signed by the appointor or the appointor's attorney properly authorised in writing; or

(b) if the appointor is a corporation—

(i) be under seal; or

(ii) be signed by a properly authorised officer or attorney of the corporation.


40.3 A proxy may be a member of the association or another person.


40.4 The instrument appointing a proxy is taken to confer authority to demand or join in demanding a secret ballot.


40.5 Each instrument appointing a proxy must be given to the secretary before the start of the meeting or adjourned meeting at which the person named in the instrument proposes to vote.

40.6 Unless otherwise instructed by the appointor, the proxy may vote as the proxy considers appropriate.

40.7 If a member wants a proxy to vote for or against a resolution, the instrument appointing the proxy must be in the following or similar form—




I, ___ of ____ , being a member of the association, appoint _____  of  ____ as my proxy to vote for me on my behalf at the (annual) general meeting of the association, to be held on the day of _____ 20 ____, and at any adjournment of the meeting.


Signed this ____________ day of _____________ 20 _______ .


Signature: ____________


This form is to be used *in favour of/*against the following resolutions __________.


Section 41

Minutes Of General Meetings


41.1 The secretary must ensure full and accurate minutes of all questions, matters, resolutions and other proceedings of each General Meeting are entered in a minute book.


41.2 To ensure the accuracy of the minutes—

(a) the minutes of each General Meeting must be signed by the Chair or Co-Chair of the meeting, or the Chair or Co-Chair of the next General Meeting, verifying their accuracy; and

(b) the minutes of each Annual General Meeting must be signed by the Chair or Co-Chair of the meeting, or the Chair or Co-Chair of the next meeting of the association that is a General Meeting or Annual General Meeting, verifying their accuracy.


41.3 If asked by a member of the association, the secretary must, within 28 days after the request is made—

(a) make the minute book for a particular General Meeting available for inspection by the member at a mutually agreed time and place; and

(b) give the member copies of the minutes of the meeting.

(4) The association may require the member to pay the reasonable costs of providing copies of the minutes.


Section 42



42.1 The Management Committee may make, amend or repeal by-laws, not inconsistent with these rules, for the internal management of the association.


42.2 A by-law may be set aside by a vote of members at a General Meeting of the association.


Section 43

Alteration Of Rules


43.1 Subject to the Act, these rules may be amended, repealed or added to by a special resolution carried at a General Meeting.


43.2 However an amendment, repeal or addition is valid only if it is signed by the Executive Director, the Chair and Co-Chair of the Management Committee and the Secretary.


Section 44

Common Seal


44.1 The Management Committee must ensure the association has a common seal.


44.2 The common seal must be—

(a) kept securely by the Management Committee; and

(b) used only under the authority of the Management Committee.


44.3 Each instrument to which the seal is attached must be signed by the Chair or Co-Chair of the Management Committee and countersigned by—

(a) the secretary; or

(b) the Executive Director; or

(c) someone authorised by the Management Committee.


Section 45

Funds And Accounts


45.1 The funds of the association must be kept in an account in the name of the association in a financial institution decided by the Management Committee.


45.2 Records and accounts must be kept in the English language showing full and accurate particulars of the financial affairs of the association.


45.3 All amounts must be deposited in the financial institution account as soon as practicable after receipt.


45.4 A payment by the association of $100 or more must be made by check or electronic funds transfer.


45.5 If a payment of $100 or more is made by check, the check must be signed by the following—

(a) the Executive Director;

(b) the Co-Chair;

(c) the Treasurer;

(d) No other members of the association or the Management Committee are authorized to sign checks issued by the association.


45.6 A petty cash account must be kept on the imprest system, and the management committee must decide the amount of petty cash to be kept in the account. The imprest system is an accounting system for paying out and subsequently replenishing petty cash. Petty cash is a small reserve of cash kept on-site at ACDNAC’s principle or registered office for incidental cash needs.


45.7 All expenditure must be approved or ratified at a Management Committee meeting.


Section 46

General Financial Matters


46.1 On behalf of the Management Committee, the treasurer must, as soon as practicable after the end date of each financial year, ensure a financial statement for its last reportable financial year is prepared.


46.2 The income and property of the association must be used solely in promoting the association's objects and exercising the association's powers.


Section 47



47.1 The management committee must ensure the safe custody of books, documents, instruments of title and securities of the association.


Section 48

Financial Year


48.1 The end date of the association's financial year is December 31, in each year.


Section 49

Distribution Of Surplus Assets


49.1 This rule applies if the association—

(a) is wound-up pursuant to 33-31-1402(e) SC Code of Laws; and

(b) has surplus assets.

49.2 The surplus assets will be distributed among the members of the association.


Section 50

Bona Fide Member Compensation


50.1 At the writing of these rules, ACDNAC is not a 501(c)(3) non profit that depends on unpaid volunteers. Therefore, bona fide members of the association whose subscription fees and/or dues are current and signatories can actively participate in fundraising under the gifting laws of the United States. As a result, bona fide members can earn 20% of all funds raised as compensation for their efforts when the funds raised equal $100.00 or more.


50.2 Bona fide members must turn in all raised funds and issue receipts and/or acknowledgement letters to donors that specifically states donations are gifts and not tax exemptions, but rather fall under the Gift Tax Exclusions.


50.3 The manner in which compensation is paid shall be determined by the Management Committee. However, payment of compensation shall always be the following week after funds are deposited. There is no compensation until the dollar amount reaches $100.00.

By: George M. Sistrunk - 5/1/2016

Last updated on

2015-2016 George M. Sistrunk.  All Rights Reserved. POB 217  Orangeburg, SC 29116 - Ph: 803-347-6638
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