ECA Constitution and Rules

EMSWORTH CRUISING ASSOCIATION

CONSTITUTION AND RULES

NAME AND OBJECT

1. The name of the club is ‘THE EMSWORTH CRUISING ASSOCIATION’ (hereinafter ECA)

and the burgee of the club shall be a triangular pennant with a symbolic ‘E’ in blue on a white

circle. The club is fully affiliated to the Royal Yachting Association.

2. The object of the club is to promote and facilitate cruising in boats.

MEMBERSHIP

3. A member shall normally be a boat owner or someone with a strong interest in promoting or

pursuing the object of the club. Any candidate for membership shall send to the Membership

Secretary the official form setting out his or her name and address and any other particulars the

General Committee shall require and containing the signature of two full members in support as

proposer and seconder. Names of candidates shall be circulated to members and displayed on

the club noticeboard for at least two weeks before the election takes place. Persons who are

candidates for membership have no privileges whatsoever in relation to the club.

4. Election of candidates to membership shall take place at a meeting of the General Committee.

Candidates may, and on the request of any one member of the General Committee shall, be

elected by ballot and one black ball shall exclude.

5. The club on the recommendation of the General Committee may in general meeting elect

honorary members but the total of such honorary members shall not at the time of proposal

exceed five per cent of the total number of club members.

6. Any member desirous of retiring from the club shall notify their intention to the Membership

Secretary on or before the 31st December.

7. Every member on joining the club undertakes to comply with these rules and any refusal or

neglect to do so or any conduct which in the opinion of the General Committee is either

unworthy of a member or otherwise injurious to the interest of the club shall render a member

liable to suspension and expulsion by the General Committee provided that before expelling a

member such Committee shall call upon them for an explanation of their conduct and shall give

them an opportunity of defending themself or resigning their membership. The vote on a

resolution for suspension or expulsion shall be by ballot and resolution shall only be carried if

not less than three-quarters of the members of the General Committee present vote in favour of

the resolution.

8. The membership subscription shall be fixed by the Annual General Meeting (AGM) and

become due on the 1st January each year. Each subscription carries one vote. The ECA is a nonprofit

making organisation.

9. Membership for social and sporting activities, but with no voting power, is extended at no

extra charge to member’s immediate Family and Crew and occasional Guests.

10. Any member who has not paid their subscription by the 1st February shall be requested in

the name of the General Committee to pay and if their subscription is not paid by the 28th

February may be removed from the list of members by the General Committee and their

membership shall cease. No member shall be in any year entitled to exercise any rights or

privileges of membership for that year until their subscription for that year and all arrears (if

any) are paid. A member whose membership has ceased as a result of non-payment of

subscription may be re-admitted at the discretion of the committee provided that their

subscription for that year and all arrears (if any) are paid. A member elected after the 1st October

in any year who shall have paid their subscription for that year shall not be required to pay any

subscription the following year.

OFFICERS

11. The committee shall consist of the following members–Commodore, Vice Commodore,

Rear Commodore-Cruising (for cruising events), Rear Commodore-House (for social aspects

and catering), Treasurer, Secretary, and four Assistant Secretaries (one mainly responsible for

the Newsletter, one for the Yearbook, one for Membership and one for the Internet). The

Committee shall have the power to co-opt.

12. The General Committee shall consist of the Officers ex-officio and not more than eight other

members of the club elected at the AGM. Candidates for election to the Committee shall be

those members of the retiring committee who offer themselves for re-election and other

members of the club duly proposed and seconded by members of the club. Candidates for

election to any office shall be proposed and seconded before the AGM or in the absence of any

candidate in advance of the AGM, may be proposed and seconded at the AGM. The

Membership Secretary shall be advised of nominations for office by submission of the

completed form at least 21 days prior to the AGM. The list of nominations shall be circulated to

members 14 days before the AGM together with, where there is more than one candidate for

any position, a postal voting pro-forma. Postal votes submitted to the Membership Secretary at

least 3 clear days prior to the AGM will be counted (late votes will not be counted). Postal

votes will be opened and counted by two committee members immediately prior to the

AGM and the results added to the ballot or show of hands at the AGM. Election is by a

simple majority with the chair having a casting vote when there is a tie.

MANAGEMENT OF THE CLUB

13. The affairs of the club shall be wholly managed by the General Committee according to

these rules. Such committee shall apply the funds of the club in such a manner as complies with

Rule 19, shall make such bye-laws, rules and regulations as it thinks fit as to the management of

any club premises. The members of the club may in general meeting reserve the management of

such affairs as they think fit to general meeting and /or a special committee. It shall be the

responsibility of the Honorary Treasurer to keep a complete and accurate account of the club’s

finances.

HONORARY INDEPENDENT EXAMINER

 

14. At the AGM in each year there shall be appointed an Association member,

whose duty it shall be to review the accounts of the club for the previous financial

year. The appointment to be approved at the AGM by a simple majority vote of the

members present at the AGM. In the event of the person appointed being

subsequently unwilling or unable to act, there being no available candidate, or no

majority support, the General Committee shall appoint a substitute at a later date. No

standing committee member or their partner shall be eligible to be appointe

 

 

14. At the AGM in each year there shall be appointed an Association member,

whose duty it shall be to review the accounts of the club for the previous financial

year. The appointment to be approved at the AGM by a simple majority vote of the

members present at the AGM. In the event of the person appointed being

subsequently unwilling or unable to act, there being no available candidate, or no

majority support, the General Committee shall appoint a substitute at a later date. No

standing committee member or their partner shall be eligible to be appointed.

 

 

GENERAL MEETINGS

15. An Annual General Meeting shall be held at some time during the month of October on a

day to be fixed by the Committee. No business (except the passing of the accounts and the

election of Officers to the General Committee, the appointment of the Auditor and any business

that the General Committee may order to be inserted in the notice covering the meeting), shall

be discussed at a general meeting unless notice thereof be given to the Honorary Secretary

fourteen days prior to such a meeting.

16. The General Committee may at any time call a general meeting of the club for any specific

business. The discussion at such general meeting shall be confined to the business stated in the

notice sent to members. Thirty members (or if the total voting membership of the club is less

than 150, one fifth of the said total) may join together to summon or cause the Honorary

Secretary to summon by notice as hereinafter mentioned a general meeting.

17. The Honorary Secretary shall at least fourteen days clear before the date of the AGM or any

general meeting post or deliver to each member thereof notice and the business to be brought

forward thereat. At the AGM or a general meeting of the club each subscribing member and

each honorary member shall have one vote; others shall be entitled to attend such meetings but

shall have no vote. In the case of an equality of votes the chairman shall have a second or

casting vote.

SUPPLY OF INTOXICATING LIQUOR

18. The purchase for the club and the supply by the club of intoxicating liquor shall be

exclusively controlled by general meeting or the General Committee (or special committee).

MISCELLANEOUS

19. No money or property of the club or any gain arising from the carrying on of the club shall

be applied otherwise than for the benefit of the club or for a benevolent or charitable purpose to

be nominated by general meeting.

NEW RULES, AMENDMENTS AND ALTERATIONS

20. Notice of any alterations or additions to the rules intended to be proposed by a member of

the club shall be given to the Honorary Secretary in writing fourteen days before the same is to

be brought forward, and full particulars shall be sent out in the notice convening the meeting.

All such proposed alterations and additions and any amendments to them which may be

proposed and seconded shall be put to the vote of the meeting, and provided that on a show of

hands, or, if demanded, on a poll, a majority of two-thirds of the votes of those members

present, entitled to vote and voting shall be cast in favour of any proposed alterations or

additions or amendments then the same shall be deemed to be carried.

FINANCIAL CONTROL

21a. All payments received, other than cash, shall be payable by cheque to ‘EMSWORTH

CRUISING ASSOCIATION’ or via direct transfer to The Association’s current bank account.

Where direct bank transfer is used the payer is asked to provide details of the amount, date of

the payment, and reference number under which it was submitted, to The Treasurer (or in the

case of membership payment to The Membership Secretary) as soon as possible.

21b. The financial year shall be from October 1st to September 30th. The Association’s bankers

shall be bankers of The Committee’s choice.

21c. Payments out on behalf of The Association shall be made by The Treasurer or any one of

two other committee member signatories. These signatories to be agreed by The Committee at a

committee meeting following the AGM. All approved signatories must agree to, and sign, the

separate ‘ECA Rules for Bank Account Operation’ prior to being registered as authorised

signatories with the bank, or making any payments. The ‘ECA Rules for Bank Account

Operation’ shall define the requirements for supporting authorisation for any payment prior to

payment being made. The ‘ECA Rules for Bank Account Operation’ form a separate

addendum to the Constitution and Rules of the Association and shall be subject to alteration and

change as defined under rule 20. It is the responsibility of The Treasurer to ensure that an

original copy of the ‘ECA Rules for Bank Account Operation’, signed by all current approved

authorised signatories, is maintained and for maintaining approved signatories with the bank.

LIMITATION OF LIABILITY

22. Members of the Association and their guests and visitors use the Association premises,

boats, moorings and other facilities provided by the Association entirely at their own risk and

agree to, and accept, the following limitation of liability.

Each member acknowledges that the Committee members and others organising or helping to

organise ECA events do so voluntarily and that to the extent permitted by law neither they, nor

the ECA Committee, nor the ECA, can in any circumstances be held responsible for any injury,

loss, or damage to an owner, member, crew, guest, vessel, or equipment whether through

negligence or otherwise of any member, organiser, helper, or third party. The safety and

management of any vessel, its equipment and crew is at all times the responsibility of the

skipper.

No ECA event shall be considered a training event unless it is specifically designated as such.

Each skipper in an ECA event must assess for themself whether the event is within their

capabilities and whether or not their personal safety or that of their crew would be endangered.

By participating in an ECA event, each skipper warrants that their vessel and crew are adequate

to face the conditions that may arise during the course of the event and that the boat carries

appropriate third party insurance. The participation of any other vessel in an event shall not

relieve other participants of their responsibilities. Members, their crews and their guests take

part in ECA events entirely at their own risk and on the understanding that they indemnify the

ECA, Committee members and others organising or helping to organise the event for any death,

injury, loss or damage to themselves, family, crew, guests or vessel. By inviting crew or guests

to participate in an event organised by the Association the sponsoring member warrants that

their attention has been drawn to these limitations. The Association, to the extent permitted by

law, will not accept any liability for personal injury sustained by members, guests or visitors

arising out of the use of premises leased or hired or owned by the Association or any other

facilities provided by the Association. Participation in any ECA activity, whether afloat or

ashore, is always on the basis of the ECA constitution and rules.

WINDING UP

23. In the event of winding up or dissolution of the Association, all assets shall be realised by

the General Committee. The monies received and any other specie shall be donated to the Royal

National Lifeboat Institution.

Comments are closed.