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Constitution

The constitution below has not been amended in many years and is currently under review to be brought more up to date.

CONSTITUTION AND RULES

OF

CYPRIAN COMMUNITY OF WESTERN AUSTRALIA

NAME 1. The name of the association is CYPRIAN COMMUNITY OF WESTERN AUSTRALIA LIMITED (Hereinafter referred to as The Community)

OBJECTS 2. The objects for which the Community is established are to promote and advance the educational, philanthropic, recreational, social, cultural, moral sporting patriotic and spiritual interests and the health and welfare of persons resident in Western Australia who were born in Cyprus or are the descendants of persons who wore born in Cyprus thereby assisting their assimilation into the Australian Community. And solely for the purpose of carrying out the foregoing objects the Community may do all or any of the following:-

(a) To take over the funds and other assets and the liabilities of the present unincorporated club known as the Greek Cypriot Brotherhood of W.A.

(b) financially assist any necessitous or sick or incapacitated person of Cyprus origin or descant as aforesaid.

(c) arrange for and provide the cost of the funeral and all or any expenses attaching thereto of any person of Cyprus origin or descent as aforesaid, who is impoverished or necessitous.

(d) assist and contribute to any fund wheresoever the same may be constituted having as its object the relief of distress or the betterment of persons of Cyprus origin or descant as aforsaid who are impoverished or necessitous.

(e) assist any charitable object in West Australia whether or not the same is confined to parsons of Cyprus origin or descent as aforesaid by contributions from the funds of the Community.

(f) purchase take on lease or in exchange hire or otherwise hold either in its own name or names of its nominee or nominees and for any estate or interest any real and personal property and any rights concessions licences or privileges which the Community may think necessary or convenient for the purposes of carrying on its objects.

(g) Build construct maintain alter enlarge pull down and remove or replace any building or buildings the property of the Community.

(h) Provide a building or room or rooms in any building and to furnish and maintain the same and to permit the same and to be used for lectures meetings dances and social purposes by the members of the Community and their friends either gratuitously or upon such terms as shall be agreed upon.

(i) Provide reading and writing rooms and reference library and to furnish the same respectively with books, reviews, magazines and newspapers and other publications including instrumental and vocal music, stationary and all other things that may be convenient.

(j) Provide recreation grounds for athletic sports or any form of outdoor entertainment.

(k) provide all things necessary for billiards and other games excluding gambling and for musical dramatic and other social entertainment and all other things necessary for the recreation of members and their friends.

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(l) provide all things necessary for billiards and other games excluding gambling and for musical dramatic and other social entertainment and all other things necessary for the recreation of members and their friends.

(m) buy provide make and sell meals food drinks tobacco cigars cigarettes and all things deemed necessary in connection therewith.

(n) apply for and obtain registration of the Community under the Liquor Act or any statutory amendment or modification thereof or under an Ordinance and Act that may be substituted therefrom.

(o) receive take over expend and generally administer funds already collected or which may at any time hereafter be collected from persons or organisations in Australia or abroad for any of the Community’s objects and to assist Greek or Cypriot refugees and migrants with donation gifts and/or loans of money without interest but with security or guarantee.

(p) hire and employ Secretaries Managers Clerks servants and workman and pay them and other persons, in return for their services rendered to the Community, salaries wages gratuities and pensions.

(q) take any gift of property whether subject to any special trust or not for any on, or more of the objects of the Community.

(r) invest moneys of the Community not immediately required in such manner as may from time to time be determined by resolution of the General Hooting, or to invest in Government Guaranteed securities without reference to General Nesting and to vary sell or dispose of all or any of such investments.

(s) Take such steps by personal or written appeals public meetings advertisements or otherwise as may from time to time be deemed expedient for the purposes of procuring contributions to the funds of the Community in the shape of donations annual other subscriptions or otherwise.

(t) Appoint agents or attorneys in Australia or abroad and act as agents for organisations having similar objects.

(u) In furtherance of the objects of the Community to undertake such guarantees and give such indemnities and to enter into such bonds as the Community may consider desirable.

(v) Sell lease mortgage charge exchange or dispose of or turn to account or otherwise deal with the property or rights of the Community or any part thereof for such consideration and in such manner as may be decided by resolution of a General Meeting. Provided that that in case the same is subject to any trust the community shall only deal with it in such manner as allows by law having regard to such trust.

(w) Work in close co-operation with any other Society or Association having objects similar to those of the Community and whose Memorandum of Association or other Constitution prohibits the division of its income and property amongst its members at least to the same extent as is done by Clause 2 of this Constitution.

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(x) obtain any provisional order or other official or Government power consent or authority or act of Parliament for enabling the Community to carry any of its objects into effect or for effecting any modification of taw constitution of the Community or for any other purpose which may seem expedient and to oppose any proceedings or applications which may seem calculated directly or indirectly or prejudice the interest of the Community.

(y) make draw accept endorse discount execute and issue promissory notes bills of exchange debentures and other negotiable instruments and all deeds instruments or documents necessary for carrying out all or any of the objects of the Community and to borrow or raise or secure the payments of money in such manner as the Community shall think fit.

(z) accept or take any security for any debt or liability to this Community or any property real or personal in or towards payment or satisfaction of any such debt or liability .

(aa) in furtherance of the objects of the Community to enter into any arrangements with any governments municipalities or other corporation or public bodies or any of them and to obtain any rights privileges and concessions which the Community may think it desirable to obtain and to carry out exercise and comply with any such arrangements rights privileges and concessions.

(bb) do all or any of the abovementioned things in any part of the world where the same may lawfully be done respectively and either singly or in conjunction with any other association firm or person and either as principals agents contractors trustees or otherwise and to hold council meeting wherever found most convenient for the purpose of the Community’s business.

(cc) The Community will not engage or participate in any activity that may be considered detrimental to the welfare of the Greek Community of W.A.

(dd) the Community will not engage in or participate in any activity of party politics.

(ee) no official of the Community shall use his position in a way that might give the impression he represents the Community in any of his individual political activities.

(ff) discussion of any topic may be carried out on the promises of the Community provided it is done in an orderly manner and participants do not become offensive among themselves and to others.

(gg) make ancillary rules and do all things as may be incidental or conducive to the attainment of the abovementioned objects or any of them.

(hh) The provisions of the Third Schedule to the Companies Act 1961 shall not apply to the Community and the foregoing provisions of this paragraph shall be read and construed without reference to the provisions of that Schedule.

(ii) Provided that the Community shall not support with its funds orendeavor to impose on or procure to be observed by its members or others any regulation or restriction which if an object of the Community would make it a trade union within the meaning of the Trade Unions Act 1958.

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INCOME NOT TO BE DISTRIBUTED AMONG MEMBERS

3. The income and property of the Community whencesoever derived shall be applied solely towards the promotion of the objects of the Community as set forth in this constitution

and no portion there directly or indirectly by way of dividend bonus or otherwise howsoever by way of profit to members of the Community. Provided that nothing heroin contained shall prevent the payment in good faith of remuneration to any officers or servants of the Community or to any member of Community in return for any services actually rendered to the Community nor for goods supplied in the ordinary and usual way of business nor prevent the payment of interest at a rate not exceeding the rate for the

time being fixed for the purpose of this paragraph by the Constitution (Clause 46 ) on money borrowed from any member of the Community or reasonable and proper rent for premises demised or let by any member to the Community but so that no member of the Council of Management or governing body of the Community shall be appointed to any salaried office of the Community or any office of the Community paid by fees and that no remuneration or other benefit in money or money’s worth shall be paid or given by the Community to any member of such councilor governing body except repayment of out-of pocket expenses and interest at the rate aforesaid on money lent or reasonable and proper rent for premises demised or lot to the Community.

4. If upon the winding up or dissolution of the Community there remains after the satisfaction of all its debts and liabilities any property whatsoever the same shall not be paid to or distributed among the members of the Community but shall be given or transferred to some other Cypriot organization in Australia having objects wholly or in part similar to the objects of the Community and which shall prohibit the distribution of

its or their income and property among its or their members to an extent at least as great as is imposed on the Community under or by virtue of clause 3 hereof such institution or institutions organisation or organisations to be determined by

the members of the Community at or before the time of dissolution In default thereof then by the Supreme, Court of western Australia or judge of that Court as may have or acquire

jurisdiction in the matter and if and so far as effect cannot be given to the aforesaid provision then to some orphanage or Aged peoples home in the Island, of Cyprus.

5. True accounts shall be kept of the sums of money received and expended by the Community and of the matters in respect of which such receipts and expenditures take place and of the property credits and liabilities of the Community and subject to any reasonable restrictions as to the time and manner of inspecting the same that may be imposed in accordance with the regulations of the Community for the time being shall be open to the inspection of members. Once at least in every year the accounts of the Community shall be examined and a balance sheet prepared and the correctness of the accounts and balance sheet ascertained by one or more properly qualified auditor or auditors. Such accounts shall upon written request of the Attorney-General be made available for inspection by him or by anyone authorized in writing by him for the purpose.

6. No addition, alteration or amendment shall be made to the objects of the Community as set out in paragraph 2 or in the regulations contained in the Constitution for the time being in force unless the same shall have been previously submitted to and approved by the Attorney-General of the state of Western Australia.

LIABILITIES OF MEMBERS AND GUARANTEE

7. The Liability of the members is limited. Each member undertakes to contribute to the assets of the Community in the event of its being wound up while he is a member or within one year afterwards for payment of the debts and liabilities of the Community contracted before he ceases to be a member and the costs charges and expenses of winding up for the adjustment of the rights of the contributories among themselves such as may be required not exceeding ten dollars($10).

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MEMBERS

8. Members of the Community shall be

Every Cypriot who at the registration of the Community shall be a member of the unincorporated Brotherhood known as the Greek Cypriot Brotherhood of Perth and W.A. and who shall within one month from the date of registration of the Community agree in writing to become a member of the Community. Every member of the Community who shall previously to his agreeing to become a member of the Community has paid his subscription due on the first day of January 1978 as a member of the said unincorporated Brotherhood shall not be liable to pay any further sum by way of annual subscription to the Community for the period before the 1st day of January 1979.

9. Members of the Community shall be of three classes:

(a) Active, (b) Social, (C) Honorary.

(a) ACTIVE MEMBERS shall be Cypriots (i.e. Christians of Greek race born in Cyprus)

Or descendents of Cypriots (i.e. Australian born persons whose father or mother

was a Cypriot or descendent of a Cypriot)or persons of other nationalities who

are married to Cypriots or descendents of Cypriots. A financial active member

shall have the right to hold any office in the Community to use the club rooms

of the Community and to participate in all the activities of the Community,

provided that no new member shall be eligible for election to the Executive

Committee before the expiration of six months from the date upon which his member

ship has been approved by the Executive Committee.

(b) A SOCIAL MEMBER shall be a person not being a Cypriot who has been approved by the

Executive Committee as a social member of the Community. A Social Member may

take part in all the social activities of the Community and use the club rooms

but shall not be entitled to hold any office or to vote on any motion or election

of the Community.

(c) AN HONORARY MEMBER shall be a person of proved merit who has in the opinion of the

Executive Committee rendered valuable service to the Community and who on recommen

dation by the Executive Committee is confirmed as an Honorary Member by ballot

taken at General Meeting of members and whose nomination is not balloted against

by more than 50% of members voting. An Honorary Member shall have the same rights

and privileges as a Social Member.

NEW MEMBERS

10. Where a person desires to become an active or social member of the Community he shall

sign and forward to the Secretary of the Community an application for admission to

to membership framed in such terms as the Executive Committee shall require. The

Executive Committee may decline to admit any person or persons to membership without

assigning any reason therefore. Sponsors of declined candidates to have the right to

ask the Executive Committee for the reasons and if not satisfied to be able to bring

the matter to the next general meeting.

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Upon the Executive Committee agreeing to elect any person to membership the secretary

shall forthwith inform him or her of his or her admission to membership. All applications

by new members shall be accompanied by payment of Annual Subscription of $3.

11. The Annual Subscription payable by members shall be for:-

Active Members and Social Members $3 per Annum. No subscriptions shall be payable by an Honorary Member.

All subscriptions shall be payable in advance on the first day of January in each year or by two half-yearly payments on the first days of January and July each year.

12. The Executive Committee may terminate the membership of any member whose subscription

shall be in arrears for a period of two years.

13. The Executive Committee may terminate the membership of any member who is considered by a two-thirds majority of the Executive Committee to have been guilty of conduct prejudicial to the Community. Provided that prior to such action by the Executive Committee the member concerned shall be afforded an opportunity of presenting his case before the Executive Committee. At least one week before the meeting of the Executive Committee at which a resolution for the expulsion of a member is passed he

shall be given written notice of such meeting, of what is alleged against him, and of the intended resolution for his expulsion. At such meeting of the Executive Committee

and before the passing of such a resolution he shall have the opportunity of giving orally or in writing any explanation or defence he may think fit. Written notice of

expulsion must be given to him within 14 days after the said resolution and it shall

state the allegations upon which the expulsion is based. The member shall have a

right of appeal against the expulsion to an extraordinary general meeting of members

of the Community which must be held within two months after the date of giving notice

of appeal by the member. Two weeks before such extraordinary general meeting the

expelled member must be given written notice of this meeting and that the question of his expulsion will be decided thereat.

14. Any member wishing to resign his or her membership shall give notice in writing of his or her intention so to do addressed to Secretary of the Community.

15. It is the duty of all members to attend General Meetings and undertake duties

allocated to them by the Executive Committee or by resolution of General Meetings

and should give good reasons for being unable to do so.

SOURCES OF THE COMMUNITY’S INCOME

16. The funds of the Community shall comprise:

(a) Annual subscriptions by Active and Social members.

(b) Any gift or endowment that be made to the Community.

(c) Any sums received by the Community from its carrying on any of the activities

mentioned in the Constitution.

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GENERAL MEETINGS

ANNUAL GENERAL MEETING

17. The Annual General Meeting of the Community shall be held in the month of August each year. The time date and place for the meeting to be fixed by the Executive Committee.

Members shall be notified in writing by notice forwarded at least 14 days before the

day of the meeting.

18. At the Annual General Meeting only the following business shall be transacted:-

(a) Reading and confirmation of the minutes of the previous Annual General Meeting.

(b) A report by the Treasurer on the financial statements forwarded to the members

together with the notice of calling the meeting, covering the financial affairs

of the Community for the twelve months ended 30th June the year of the meeting.

(c) A report by the President on the activities, achievements, and failings of the

the Community during the past twelve months. This report may be prepared by the

the Secretary but it must be read by the to the Executive Committee and must be

approved for all its contents at a Committee meeting held in the month of July

before the Annual General Meeting. A copy of the President’s report must be

forwarded to each member together with the notice calling the Annual General

Meeting.

(d) Matters arising from the minutes of the previous Annual General Meeting, the

Treasurer’s report and financial statements, and the President’s report.

(e) In each alternate year nominations shall be received for :-

(i) Eleven new members of the Executive Committee.

(ii) Three new members of the Audit Committee.

(f) An Election Committee of three members shall be elected or appointed at the

Annual General Meeting whose duty will be to carry out the elections.

(g) Upon its election or appointment the Election Committee will take control of

the members’ roll as at the date of the Annual General Meeting. It will move for

a ballot to be taken for the election of the three members of the Audit Committee

(h) If for any reason the election of the Audit Committee cannot be completed during

the Annual General Meeting balloting for this Committee must be carried out

simultaneously with the balloting for the Executive Committee.

(i) Other business to be transacted at the Annual General Meeting shall be the

following:-

(i) Appointment of Auditors and fixing of their remuneration.

(ii) Any matter notified by the Executive Committee on the notice of calling the

meeting.

(iii) Any matter submitted by a member approval for discussing on which has been

voted upon by a four-fifths majority of all members present taken by a

secret vote.

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SPECIAL GENERAL MEETINGS

19. The Executive Committee shall convene a Special General Meeting if such be demanded by requisition in writing addressed to the Secretary stating the purpose of such meeting and signed by members representing not less than three-tenths of the total voting rights

of all members having at that date a right to vote at general meetings, or whenever the Executive Committee considers the convening of Special General Meeting necessary. At such Special General Meeting the business of the meeting shall be confined to the purpose stated in the requisition.

QUORUM

20. At all Annual or Special General Meetings two-fifths of the financial members on the roll which number must include six members of the Executive Committee shall constitute a quorum. If a quorum shall not be present at any such meeting the meeting shall be adjourned to such time (not being later than one month thereafter)as the members present shall there and then determine. At any such adjournment meeting any number of members present shall constitute a quorum.

VOTING RIGHTS

21. Only financial Active Members of the Community shall be entitled to vote at an Annual General Meeting or Special General Meeting of the Community and every member shall be entitled to one vote.

SUPREME AUTHORITY

22. All members including the Executive Committee shall be bound by the resolutions of the Community’s General Meetings and dissentient minorities or individuals shall not act in opposition to the resolutions, or in any way act to nullify their effect.

MANAGEMENT OF THE COMMUNITY

23. The Community shall be managed and governed by an Executive Committee which (except in the case of the first Executive Committee provided in article 24 hereof) shall hold office for two consecutive years from conclusion of the General Meeting at which they were elected.

24. The First Executive Committee of the Community shall be that of Greek Cypriot Brotherhood and shall hold the office for a period of three months following the date upon which the Community will be registered under the associations Act, after the expiration of which a ballot shall be held for the election of a new Executive Committee.

25. The Executive Committee of the Community shall consist of a President, a Vice President, a Secretary, an Assistant Secretary, a Treasurer, an Assistant Treasurer and five members who shall each have completed the twenty first year of their age.

26. The executive Committee shall be elected at the alternate Annual General Meeting of the Community. Retiring members of the Committee shall be eligible for re-election. Only Active Members who are financial shall be entitled to vote. And only Active members who are financial shall be eligible for nomination.

27. The Executive Committee shall hold a meeting at least once a month at a day and time fixed at their first meeting.

28. Extraordinary Committee Meetings shall be called by written advice to members as and when directed by the President in consultation with the Secretary.

29. Quorum at Committee Meetings shall be considered present when six members of the Executive Committee are present.

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30. A vote is considered passed when a simple majority of the members present vote in favour.

31. The President or the person presiding at the meeting, shall have a second or casting vote which he will use when the meeting is equally divided on any motion.

32. A special meeting of the Executive Committee may be convened by the President at any time and shall be convened by the President upon a request in writing stating the purpose

of such meeting signed by three members of the Executive Committee. The business transacted at such special meeting shall be confined to the purpose named in such request.

PRESIDENT

33. The President shall if possible preside at all General Meetings and Executive Committee Meetings and shall generally supervise all activities of the Community and shall represent the Community in all matters that may be associated with the activities of the Community and shall jointly with the Secretary sign all documents concerning the affairs of the Community.

VICE PRESIDENT

34. In the absence of the President the Vice President shall perform the duties of the President.

TREASURER

35. The Treasurer shall receive the annual subscriptions of the members and all other moneys that may be otherwise paid or contributed to the funds of the Community and shall cause all subscriptions and other moneys to be paid into the Banking Account of the Community at such bank as the Executive Committee may determine and shall keep proper books of account and shall present to the Executive Committee at each regular meeting a statement of receipts and expenditure. At the expiration of each financial year he shall prepare a Balance Sheet and Statements of Receipts and Payments and Income and Expenditure for presentation to the to the Annual General Meeting and he shall perform all other duties in connection with the moneys and transactions of the Community as may be required by the Executive Committee, And shall assist the Audit Committee in expediting their audit by giving all explanations and producing all vouchers and records requested of him.

SECRETARY

36. The Secretary of the Community shall attend all the General and Executive Committee Meetings and take minutes thereof and enter the same in a book or books kept for that purpose. He shall also keep a roll of members and under the direction of the Executive Committee attend to all correspondence and shall generally perform such other duties in relation to his office as the Executive Committee may from time to time direct.

PAST PRESIDENTS

37. Past Presidents of the Community as well as any member who has served as a member of the Committee for two consecutive periods of office shall be entitled to receive notice of and attend all meetings of the Executive Committee in an advisory capacity but shall have no right to vote thereat.

HONORARY PRESIDENT

38. The title of Honorary President or Honorary Vice President may be conferred upon past or present President or Vice President of the Community by resolution passed at ant General Meeting.

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DUTIES OF ASSISTANT SECRETARY

39. (a) To assist the Secretary when necessary.

(b) To do all the Secretary’s duties during the Secretary’s absence.

(c) To be responsible for the organisation and functioning of sub-committees as may

be decided by the Executive Committee, and to coordinate and direct their activities.

(d) To report to the Executive Committee on the activities of the sub-committee.

AUDIT COMMITTEE AND AUDITOR

40. (a) Only financial active members shall be eligible for election to the three positions of the Audit Committee. Candidates standing for election to the Executive Committee or members of the Election Committee shall not be eligible to be members of the Audit Committee. The Audit Committee shall carry out surprise

Audits at any time and shall report to the Executive Committee any irregularities

discovered in the financial records of the Community.

(b) A complete Audit of the Community’s financial records shall be carried and

completed before the end of July in each year, covering the period of twelve

months ended 30th June. Statements of Receipts and payments and Income and Expenditure as well as a Balance sheet must be ready with the Audit Committee’s

remarks for their correctness or otherwise to be forwarded to members with their

notice for the Annual General Meeting, to be held in August.

(c) The Audit Committee shall have authority to seize any records belonging to the

Community from any member at any time, provided that such action shall not be

taken unless there is proof that the interests of the Community cannot be

safeguarded otherwise.

(d) The Treasurer and all other members must surrender all records belonging to the

Community upon being requested to do so by the Audit Committee for the purpose of

carrying out the Annual or any audit.

(e) Before proceeding to carry out any audit the Audit Committee must consult with

and seek the professional advice of the Community’s Auditor.

(f) Upon completion of the Audit Committee’s work all records and statements must

be referred to the Community’s Auditor for his final audit review and approval.

(g) The Executive Committee must nominate a qualified Accountant for appointment to

the position of the Community’s Auditor and submit his appointment for approval

at the Annual General Meeting.

(h) The position of Auditor shall not remain vacant for any undue length of time and

if necessary a Special General Meeting must be called to confirm a new

appointment.

(i) The Auditor shall be responsible for the adoption of a proper method of recording

the financial transactions of the community and for this purpose the Treasurer

must seek his advice whenever he has book keeping difficulties.

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SICK MEMBERS

41. The Executive Committee shall twice in every year appoint a Committee of three members whose duty shall be visiting sick members and other compatriots. The Executive

Committee shall from time to time retain the services of a duly qualified medical practitioner. The Executive Committee may obtain the report of such medical practitioner with regard to any sick member and may in its discretion render monetary and other assistance to any sick or needy member whom they consider worthy of financial or other aid.

BALLOT

42. (a) In addition to nominations for the Executive Committee received during the Annual General Meeting nominations may be submitted in writing and addressed to the “Election Committee” within the week before and also the week after the General

Meeting.

(b) Members of the Election Committee will not be eligible to nominate for the

Executive Committee.

(c) If the number of nominations received shall not exceed the number required for

election then those nominated shall be declared duly elected and shall take

office forthwith.

(d) If the number of nominations received shall exceed the number required to be

elected then the Election Committee shall cause a ballot to be taken and for

that purpose shall cause ballot papers to be printed containing alphabetically

all names of the candidates nominated and a square shall be printed opposite

each name.

(e) Balloting day shall be a Sunday two weeks after the General Meeting when the

Election Committee shall issue a ballot paper to each member entitled to vote

and who attends at the club rooms for the purpose of voting on that day.

Ballot papers should be forwarded by post to members entitled to vote whose

address happens to be outside 25 miles from the General Post Office of Perth.

Posting of these ballots should be done early in the first week after the General Meeting so that enough time should be allowed for their return by post before ballot day.

(f) Each member shall vote by placing a cross in the square opposite the names of candidates he desires to be elected. Each member shall vote for eleven candidates

only and shall post the ballot paper back to the Election Committee without delay

or if he attends at the club rooms shall place the ballot paper in the ballot box provided by the Election Committee.

(g) The Election Committee shall cause the ballot box to be opened after six o’clock

in the afternoon on the Ballot Day and shall count the votes including the ballot

papers received by post.

(h) All ballot papers showing either more or less eleven crosses shall be considered

informal and not counted. All votes shown on valid ballot papers shall then be

counted and the elected candidates shall be informed thereof by the election

Committee.

(i) Until balloting is properly completed and the results are announced the retiring

Ex-Committee shall remain in office.

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(j) Within two weeks after the election the Election Committee shall convene a

meeting of the Elected Executive Committee and Retiring Executive Committee.

At such meeting the Retiring Committee shall cause all books and records and

other property of the Community to be handed over to the incoming Executive

Committee, as stated in an inventory to be prepared and signed by all members

of the Retiring Committee and the Incoming Committee and from that moment the

Community shall be assumed by the incoming Executive Committee.

(k) The Executive Committee shall at its first meeting elect from among its members

its President, Vice President, Secretary, Assistant Secretary, Treasurer, Assistant Treasurer who shall respectively hold office for the period for which the Executive committee was elected.

APPEAL AGAINST ELECTION

43. (a) Any member who is either a voter or candidate at an election may appeal against the result of the election. Such appeal must be in writing and should be forwarded one copy to the retiring President, one copy to the Audit Committee

and the original to the Election Committee,setting out the grounds of the appeal.

In case where the appeal is against the election of the Audit Committee or one of

it’s members the copy of the Appeal shall be forwarded to the outgoing (or retir-

-ing) Audit Committee. Appeals may be lodged within fifteen days after the

election.

(b) The appeal must be dealt with by a Conference, the participants of which shall be

(i) the outgoing (or retiring) President who shall be the Chairman.

(ii) All members of the Election Committee (3)

(iii) All members of the Audit Committee (3)

(iv) The Appellant (1)

(c) Members (i), (ii) and (iii) above shall constitute the Election Appeal Committee

and their decision shall be final and binding. During the proceedings the

appellant or appellants shall have no right to vote. Each member shall have one

vote. The Chairman shall not vote except in case of an equal split up of votes

when he will exercise his rights of the casting vote.

(d) A decision to declare an election void must be circularised to all members

advising at the time the date for a new election and if possible forwarding

the ballot papers as well.

SEAL

44. The Seal of the Community shall be kept by such person and in such place and in such

manner as the Executive Committee may think fit. Such Seal shall not be affixed to any

document except by the authority of a resolution of the Executive Committee save in any case where the resolution of a General Meeting of the Community is required. The affixing of the Seal shall be attested by the President and one member of the Executive Committee

or the Secretary or in lieu of either or both of the President and Secretary by such other person or persons as the Executive Committee may appoint for the purpose or in such other way as the Executive Committee may from time to time provide and such attestation shall be sufficient evidence of the authority to affix the seal.

ANNIVERSARY

45. The Anniversary of the Community shall be celebrated on the day which has been adopted in Cyprus as Cyprus National Day.

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FINANCE

46. (a) The rate of interest payable to any member of the Community as provided by

clause 3 of the Memorandum shall not exceed 6%.

(b) All money received by the Community shall be paid into the Community’s

Bank Accounts as directed by the Executive Committee and no cash received shall be used for making any cash payments.

(c) All payments must be made by cheque and must be authorized by the Executive

Committee and all cheques must be signed by both the President and the

Treasurer.

(d) If either the President or the Treasurer is not available for the purpose then

any two members of the Executive Committee shall be empowered by the Executive

Committee to sign cheques in substitution for the one of them who is unavailable.

47. Once at least in every year the Accountants of the Community shall be audited by the Community’s Auditors. All books and records of the Community shall at all times be available for inspection by the Auditors.

ALTERATION OF THE CONSTITUTION

48. repeal, alteration of or addition to the constitution shall not be made except by a

special resolution passed by a majority of more than half(1/2) of such members as being entitled so to do vote in person at a Special General Meeting called for the purpose of

which twenty-one days notice stating the intention to propose the resolution as a special

resolution shall have been given to all active financial members of the Community, and after final approval has been obtained from the Attorney General.

VALIDITY OF PROCEEDINGS

49. The proceeding of the Executive Committee and of any other body acting under the constitution shall not be invalidated by reason of any default occurring in the election or qualification of any of its members.

INDEMNITY OF OFFICERS

50. The members of the Executive Committee and every other agent, auditor, secretary

and other officer for the time being of the Community shall be indemnified out of assets of the Community against any liability incurred by him in defending any proceedings, whether civil or criminal, in which judgement is given in his favour or in which he is

acquitted or in connection with any implication under the Act in which relief is granted to him by the Court in respect of any negligence default breach of duty or breach of trust.

51. The number of members with which the association proposes to be registered is one hundred and thirty (130).

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