BMW Motorrad Club Garden Route Constitution

BMW Motorrad Club Garden Route ZA

(hereinafter referred to as the “Club”)

1.1          To promote and organize safe and enjoyable use of BMW motorcycles, comradeship, and enhance the general reputation, image and social standing of those persons riding motorcycles.

1.2          To promote and organize social events for the participation of Club members, such social events shall include organized rides, technical talks, safety talks, safe riding training or any other events that the Committee deems fit.

11.3               To encourage road safety, courtesy and safe riding habits.

12.1               The Club is controlled and run by the Committee on behalf of the members of the Club.

12.2               The Club is an independent non-profit Organization and shall not fall under the control of, or be dependent upon BMW SA, BMW AG, the BMW Clubs International council, BMW Clubs Africa or any BMW Dealer.

12.3               The Club may be a member of BMW Clubs Africa (which is a member of the BMW Clubs International Council) and may become affiliated to or become a member of organizations with similar objectives but shall not fall under the control of any such organization.

13.1               The Club shall be based in George and serve its members in the Southern Cape area.

13.2               Membership shall be available to persons who own or ride a BMW product, and to all other persons interested in BMW products.

13.3               Annual membership shall run from 1 March to 28/29 February of each year.  Subscription Fees for the following year will be due on 1 March, and first time members joining after the year start date will pay a quarterly pro-rate Subscription Fee.

13.4               A person becomes and remains a member in good standing by paying his or her Subscription Fee on an annual basis at the due date.  Membership will automatically lapse if the Subscription Fee for the current year is not paid by the end of May in any year.

13.5               New members will be suitably welcomed into the Club at an appropriate time and issued their membership cards and other Club regalia and documentation, after receipt of the Subscription Fee.

3.6          Members and Visitors participate voluntarily in any Club activity and at own risk.

3.7          The Club reserves the right to suspend or cancel the membership of any member who is considered, in the opinion of the Committee, to have acted contrary to the interest and aims of the Club.

14.1               The Club is not for profit and all income and property of the Club shall be applied solely towards the objectives.  No portion thereof shall be paid or transferred directly by way of dividends or bonus or otherwise, to any persons provided that nothing herein shall prevent the payment in good faith of remuneration to any person in return for any services rendered to the Club.

14.2               Immovable property and other investments and assets of the Club, wherever situated, shall vest in and be registered in the name of the Club.

14.3               The authorized signatories of the Club shall be the Chairperson, Vice-Chairperson, Secretary and Treasurer.  The signatures of any two of the authorized signatories for the time being duly authorized thereto by a Resolution of the Committee initially at their first meeting of the year, shall be required for the signing of banking documents, formal and legal documents on behalf of the Club, documents relating to the purchase, mortgaging or sale of immovable property and any other formal business necessary for normal day to day operation of the Club.

15.1               The Committee shall control and manage the club on behalf of the members.  Between Annual General Meetings all actions necessary to carry on the business of the Club shall be taken by the Committee.

15.2               The Committee shall have the power to refuse any application for membership without disclosing its reasons, and to suspend or expel any member whose conduct it deems to be prejudicial to the interests of the Club or its members.  The Committee may exercise this power only once proper investigation has been conducted and interviews completed.

15.3               The Committee shall annually determine the Joining Fees and Subscription Fee to be paid by the members.

15.4               The Committee may co-opt members to the Committee for ad-hoc purposes and decide on the tasks and roles of such members.  Co-opted members automatically end their term of office on the completion of the task or at the end of the Club Year.

15.5               The Committee may appoint ex-officio a Patron of the Club.  Such appointment shall be for the period from one Annual General Meeting to the next, and shall be ratified by a vote at the Annual General Meeting.

15.6               The Committee may form sub-committees under its control which shall report to the Committee as and when needed.

15.7               The Chairperson shall chair General Meetings and Committee Meetings and oversee the proper management of the Club.

15.8               The Chairperson shall represent the Club as required and shall maintain links with BMW Clubs Africa, BMW SA, BMW AG, the BMW Clubs International Council and other organizations contemplated in clause 2.3.

15.9               The Chairperson may act on behalf of the Committee in urgent situations, advising them as soon as possible thereafter.

15.10            The Vice-Chairperson shall assist the Chairperson with the running of the Club paying particular attention to administrative matters, and shall act for and on behalf of the Chairperson in his absence.

15.11            In the event of the Chairperson vacating office for any reason, the Vice-Chairperson shall become Chairperson until the end of the current term of office of the Chairperson.

15.12            The Secretary shall take minutes of all meetings of the Committee and of General Meetings, and keep a minute book with a record of all minutes.

15.13            The Secretary shall run the office and deal with all day-to-day correspondence and all related matters incidental to the running of the Club.

15.14            The Secretary shall keep the records of the Club, including a register of members and issue membership cards as appropriate.

15.15            The Treasurer shall have charge of and maintain proper accounts of the funds of the Club, which shall be deposited in the name of the Club at a bank approved by the Committee.

15.16            The Treasurer shall make all payments necessary for the operation of the Club, upon signature as required in4.3.

15.17            The Treasurer shall collect and bank any monies due to the Club on a regular basis, after recording in the books of the Club.

15.18            The Treasurer will have under his or her control the assets of the Club.

15.19            The Treasurer shall report to the Committee on the state of the finances of the Club on a regular basis.  Approval by the Committee of the financial report shall signify approval of all income and expenditure therein.

15.20            The Treasurer shall present an Annual Financial Statement to the Annual General Meeting.

16.1               The Annual General Meeting shall be held annually in George during the first 3 months of the club year.  Only members in good standing shall be entitled to vote and participate in the meeting.  Observers and visitors may attend, but not vote or speak.  The Club members present shall represent a quorum.

16.2               The Secretary shall give twenty-one day’s notice of the time and place of the meeting to the members providing at the same time the agenda of the meeting.  All items which members wish to have discussed under General on the agenda shall be notified to the Chairperson in writing at least seven days before the meeting.

16.3               Any resolution or business requiring a vote, other than the election of Committee members shall be passed by a simple majority of members present, by a show of hands.

16.4               A Special General Meeting shall be called by the Chairperson on receipt of a written application, signed by not less than one fifth of the members in good standing as at the date or receipt of the application, or by resolution of the Committee.

7.1          Any matter for which no provision has been made in the Constitution shall be submitted to the Committee for its attention and decision.

7.2          Amendments to this Constitution shall only be made by the members in General Meeting.  Notice as required in 6.2 shall be given and any amendment shall require a two-thirds majority of the members present, by a show of hands.

18.1               If upon the winding up or dissolution of the Club there remain after the satisfaction of all its debts and liabilities, any assets whatsoever, the same shall not be paid to or distributed among the members but shall be given or transferred to some other organization having objects similar to the objects of the Club or a charity.  The beneficiary shall be determined by the members in General Meeting at or before the winding up or dissolution.

18.2               The dissolution of the Club may only be affected by resolution passed at a Special General Meeting.  Such resolution shall require a three quarter majority vote of members present and eligible to vote at such meeting.