Constitution of Chitwan Aid Trust

The Constitution of Chitwan Aid Trust (CAT) UK
1. Name
The name of the Charity shall be:
CHITWAN AID TRUST UNITED KINGDOM (CAT UK)
The principal office of the charity is in ………………………….England.
2. Objects
The Charity’s objects (‘the objects’) are:
2.1 To promote community, goodwill and co-operation amongst people of Chitwan living and working in the united Kingdom by organising events, providing training, workshops and advice.

2.2 To exchange ideas and thoughts, initiate collaboration with other organisations that have similar interest and be of assistance wherever possible.

2.3 To financially assist those living below the poverty line in the Chitwan District with regards to their health and education.

2.4 To seek assistance and support wherever possible amongst the Nepalese Community in the United Kingdom.

2.5 To foster a good relationship amongst the Nepalese, British and people from different ethnic origins living in the United Kingdom.

3. Powers of trustees
The trustees must manage the business of the Charity and have the following powers in order to further the above objects (but not for any other purpose):
3.1 To raise funds, receive grants and donations.

3.2 Employ staff.

3.3 Take out insurance.

3.4 To open and operate such bank and other accounts as the trustees consider necessary and to invest funds and to delegate the management of funds in the same manner and subject to the same conditions as the trustees of a trust are permitted to do by the Trustee Act 2000.

3.5 To buy, take on lease or in exchange, hire or otherwise acquire any property and to maintain and equip it for use.

3.6 Organise courses and events for the good and benefit of its members.

3.7 To co-operate with other charities, voluntary bodies and statutory authorities and to exchange information and advice with them.

3.8 To sell, lease or otherwise dispose of all or any part of the property belonging to the Charity. In exercising this power, the trustees must comply as appropriate with sections 117 – 122 of the Charities Act 2011.

3.9 To borrow money and to charge the whole or any part of the property belonging to the Charity as security for repayment of the money borrowed. The trustees must comply as appropriate with sections 124 – 126 of the Charities Act 2011, if they intend to mortgage land.

3.10 To establish or support any charitable trusts, associations or institutions formed for any of the charitable purposes included in the objects.

3.11 To set aside income as a reserve against future expenditure but only in accordance with a written policy about reserves.

3.12 To obtain and pay for such goods and services as are necessary for carrying out the work of the Charity.

3.13 To do all such other lawful things as are necessary for the achievement of the above objects.

3.14 No alteration of this constitution or any special resolution shall have retrospective effect to invalidate any prior act of the trustees.

4. Trustees
4.1 The Charity and its property shall be managed and administered by a committee comprising the officers and other members elected in accordance with this constitution. The officers and other members of the committee shall be the trustees of the Charity and in this constitution are together called ‘the trustees’.

4.2 The Charity shall have the following trustees:
A Chair person
2 X Vice Chair person
A Secretary
A Joint Secretary
A Treasurer
A Joint Treasurer
Eight members
Total: 15 plus
Advisors as required and nominated by the trustees.

4.3 A trustee must be a member of the Charity or the nominated representative of an organisation that is a member of the Charity.

4.4 No one may be appointed a trustee if he or she would be disqualified from acting under the provisions of clause 7.

4.5 There must be at least three charity trustees. If the number falls below this minimum, the remaining trustee or trustees may act only to call a meeting of the charity trustee or appoint a new charity trustee. The maximum number of charity trustees that can be appointed is as provided in clause 4.2 of this constitution.

5. Duties of trustees
5.1 The duties of the Chairperson are to:
a. Chair meetings of the Committee and the Charity.
b. Represent the Charity at functions/meetings that the Charity has been invited.
c. To act as spokesperson for the Charity when necessary.
d. To accept resignations of members in consultation with the trustees.
5.2 The duties of the Vice Chairperson are to:
a. To assist Chairperson.
b. To act as Chairperson in the absence of the Chairperson.
5.3 The duties of the Secretary are to:
a. Take and keep minutes of all meetings.
b. Prepare the agenda for meetings of the Committee and the Charity in consultation with the Chairperson.
c. Maintain the membership list.
d. Deal with all charity related correspondence.
e. Collect and circulate any relevant information within the Charity.
f. To prepare and submit annual report at the AGM.
5.4 The duties of the joint Secretary are to:
a. To assist the Secretary.
b. To act as the Secretary in the absence of the Secretary.
5.5 The duties of the Treasurer are to:
a. Supervise the financial affairs of the Charity.
b. Keep proper accounts that show all monies collected and paid out by the Charity.
c. To make regular reports to the committee on the financial status of the Charity.
d. To prepare and submit annual report at the AGM.
5.6 The duties of the joint Treasurer are to:
a. To assist Treasurer.
b. To act as the Treasurer in the absence of the Treasurer.
5.7 The duties of the members are to:
a. Link person to pass information to community members within their area of responsibility.
b. Execute any tasks for the good and benefit of the Charity as directed.
5.8 The duties of the advisors are to:
a. To provide useful and logical advice to support the Charity to achieve its’ objects.
b. To provide helping hand to any trustees or members where necessary.

6. Appointment of trustees
6.1 The Charity in general meeting shall elect the trustees and other officers as necessary.

6.2 The trustees may appoint any person who is willing to act as a trustee. Subject to sub-clause 6.5(b), they may also appoint trustees to act as officers.

6.3 Each of the trustees shall retire after two years of their tenure but shall be eligible for re-election at the annual general meeting.

6.4 No-one may be elected a trustee or an officer at any annual general meeting unless prior to the meeting the Charity is given a notice that:
a. is signed by a member entitled to vote at the meeting.
b. states the member’s intention to propose the appointment of a person as a trustee or as an officer.
c. is signed by the person who is to be proposed to show his or her willingness to be appointed.

6.5 (a) The appointment of a trustee, whether by the Charity in general meeting or by the other trustees, must not cause the number of trustees to exceed any number fixed in accordance with this constitution as the maximum number of trustees.

(b) The trustees may not appoint a person to be an officer if a person has already been elected or appointed to that office and has not vacated the office.

7. Disqualification and removal of trustees
A trustee shall cease to hold office if he or she:
7.1 is disqualified from acting as a trustee by virtue of sections 178 and 179 of the Charities Act 2011 (or any statutory re-enactment or modification of that provision).

7.2 ceases to be a member of the Charity.

7.3 in the written opinion, given to the Charity, of a registered medical practitioner treating that person, has become physically or mentally incapable of acting as a trustee and may remain so for more than three months.

7.4 resigns as a trustee by notice to the Charity (but only if at least two trustees will remain in office when the notice of resignation is to take effect); or

7.5 is absent without the permission of the trustees from all their meetings held within a period of six consecutive months and the trustees resolve that his or her office be vacated.

8 Proceedings of trustees
8.1 The trustees may regulate their proceedings as they think fit, subject to the provisions of this constitution.

8.2 Any trustee may call a meeting of the trustees.

8.3 The secretary must call a meeting of the trustees if requested to do so by a trustee.

8.4 Questions arising at a meeting must be decided by a majority of votes.

8.5 In the case of an equality of votes, the person who chairs the meeting shall have a second or casting vote.

8.6 No decision may be made by a meeting of the trustees unless a quorum is present at the time the decision is purported to be made.

8.7 The quorum shall be fifty one percent of the total number of trustees.

9. Trustee Meetings
9.1 The trustees shall meet at least three times a year.

9.2 The Chairperson shall Chair all meetings of the Charity.

9.3 At least fifty percent trustees must be present at the meeting to be able to take decisions.

9.4 Voting at trustee meetings shall be by show of hands. If there is a tied vote then the Chairperson shall have a second vote. Minutes shall be kept for every meeting.

9.5 The trustees may by a two-thirds majority vote and for good and proper reasons remove any Committee member, provided that person has the right to be heard before a final decision is made.

9.6 The trustees may make reasonable additional rules to help run the charity. These rules must not conflict with this constitution or the law.

10. Special General Meeting
A special general meeting may be called by the trustees to discuss an urgent matter. The secretary shall give all members fourteen days’ notice of any special general meeting together with notice of the business to be discussed. All members shall be entitled to attend and vote. All decisions require a two-thirds majority and minutes must be kept.

11. Annual General Meeting
11.1 The charity must hold an annual general meeting (AGM) within twelve months of the date of the adoption of this constitution.

11.2 The Charity shall hold an AGM in the month of July/August.

11.3 An AGM must be held in each subsequent year and not more than fifteen months may elapse between successive AGM.

11.4 All members shall be given at least fourteen days’ notice of the AGM and shall be entitled to attend and vote.

11.5 The quorum for an AGM shall be;
c. two-third members entitled to vote at the meeting; or
d. one tenth of the total membership at the time, whichever is the greater.
11.6 The business of the AGM shall include annual report and accounts from the trustees:
a. receiving a report from the Chairperson/Secretary on the Charity`s activities over the year.
b. receiving a report from the Treasurer on the finances of the Charity.
c. electing new trustees.
d. considering any other matter as may be decided for the good and benefit of the Charity and its’ members.

 

12. Membership
12.1 Membership of the Charity shall be open to any person 18 and over who is interested in helping the Charity to achieve its objects, willing to abide by the rules of the Charity and willing to pay any subscription agreed by the trustee.

12.2 Once accepted by the trustees, membership shall last for 2 year and may be renewed.

12.3 Membership shall be available to anyone without regard to gender, race, nationality, disability, sexual preference, religion or belief.

12.4 Every individual member and each organisation shall have one vote at general meetings.

12.5 The trustees may remove a person’s membership if they believe it is in the best interest of the Charity. The member had the right to be heard by the trustees before the decision is made.

12.6 Each member organisation shall appoint a representative to attend meetings of the Charity and notify the Charity’s Secretary of that person’s name.

12.7 The trustees will keep an up-to-date membership list in line with current Data Protection Act 1998.

13. Finance and Property
13.1 Any money and property received by the Charity shall be used only for the Charity’s purpose.

13.2 Money must be held in the charity’s bank account. All cheques must be signed by the Treasurer and one other nominated official.

13.3 Trustees cannot receive any money or property from the charity, except to refund reasonable out of pocket expenses.

13.4 Trustees must keep accurate accounts. The most recent annual accounts can be seen by anybody on request.

14. Amendment
Changes to this Constitution can be made at the AGM or special meetings. This must be agreed by at least two-thirds of those members present and voting at any general meeting. No change can be made that would make the organisation no longer a charity.

15. Dissolution
The Charity may be wound up at any time if agreed by two-thirds of those members present and voting at any General Meeting. In the event of winding up, any assets remaining after all debts have been paid shall be given to Mahendra Hospital in Bharatpur Chitwan Nepal or any another Charity with similar objectives.

16. Adoption of the Charity Constitution
This constitution was adopted on …………………………….. [Day/Month/Year] by the people whose signatures appear below. They are the first members of the charity and will be the trustees until the AGM, which must be held as stipulated at clause 11 of this constitution.

 

Appointment (If any) and Full Name

Signed

Chairperson

 

 

Vice Chairperson

 

 

Vice Chairperson

 

 

Secretary

 

 

Treasurer

 

 

Joint Secretary

 

 

Joint Treasurer

 

 

Member

 

 

Member

 

 

Member

 

 

Member

 

 

Member

 

Member

 

Member

 

Member

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

By: Business Tentacles