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2차 정관 개정안(영문)

by 운영자 posted Mar 07, 2010
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와이카토 한국학교(The Korean School of Waikato)정관안

 

Rules
of the Korean School of Waikato Incorporated Society

 

[The School]

1.0 Name

1.1 The name of the society is The Korean School of Waikato Incorporated Society ("the School”).

1.2 The Deed is established by resolution dated 31-03-2010.

 

2.0 Registered Office

2.1 The Registered Office of the School is at Rototuna Primary School at Hamilton.

 

3.0 Purposes 

3.1 The purposes of the School are to

3.1.1 Educate Korean and Korea cultures to the children and young people of Waikato Korean Community.

3.1.2 Help the education of Korean and cultural knowledge to other language people within Waikato region and New Zealand.

3.1.3 Exchange with other ethnic groups by educational and social activities and events; Also Promote and support spiritual experiences to the region and society.

3.1.4 Provide to The Korean Communities including adults to learn New Zealand educations and global cultures based upon the national curricula.

3.1.5 Help a development of The Korean Community with others.

3.2 Do anything necessary or helpful to the above purposes; and all purposes are to make a good friendship and citizenship as Korean.

3.3 Pecuniary gain is not a purpose of the School.

 

 

[Management of the School] 

4.0 Managing Committee

4.1 The School shall have a managing committee (“the Committee”), comprising the following persons:

4.1.1 The Principal

4.1.2 The Vice-Principal

4.1.3 The Chairperson

4.1.4 The Secretary

4.1.5 The Auditor

4.1.6 The Treasurer

4.1.7 Other Members as the School shall decide.

4.2 Only Members of the School may be Committee Members.

4.3 There shall be a minimum of six Committee Members.

 

5.0 Appointment of Committee Members

5.1 At a School Meeting(AGM, SGM), the Members may decide by nomination, assent and vote.

5.1.1 Committee Members are up to eight persons

5.1.2 Who shall have the titles of clause 4.1

5.1.3 Any Committee Member may have no more than one title.

5.1.4 The Term of the Committee Members is 2 year and can be reappointed.

 

6.0 Cessation of Committee Membership

6.1 Persons cease to be Committee Members when:

6.1.1 They resign by giving written notice to the Committee.

6.1.2 They are removed by majority vote of the School at a School Meeting.

6.1.3 Their Term expires.

6.2 If a person ceases to be a Committee Member, that person must within one month give to the Committee all School documents and property from the written notice.

 

7.0 Nomination, Assent and Vote of Committee Members

7.1 Nominations for members of the Committee shall be called for at least 7 days before a General Meeting(School Meeting).  Each candidate shall be proposed and seconded in writing by Members and the completed nomination delivered to the Secretary.  Nominations shall close at 5pm on the two days before the School Meeting.  The Secretary shall post(or e-mail) all nominations on a suitable notice board at least one day before the School Meeting.  All retiring members of the Committee shall be eligible for re-election.

7.2 If the position of any Committee Member becomes vacant between School Meetings, the Committee shall appoint another Committee Member to fill that vacancy until the next School Meeting.

7.3 If any Committee Member is absent from three consecutive meetings without leave of absence the Chairperson may decision and declare that person’s position to be vacant in committee meeting.

7.4 Assent needed by candidate him/herself then Make a decision on the General Meeting by a vote

 7.5 The Votes are decided by a motion 1/2, majority attending.

 

8.0 Role of the Committee

8.1 The role of the Committee is to be Administer, manage, and control the School:

8.1.1 Carry out the purposes of the School, and Use Money or Other Assets to do that.

8.1.2 Manage the School’s bank accounts.

8.1.3 Ensure that all Members follow the Rules.

8.1.4 Decide how a person becomes a Member, and how a person stops being a Member.

8.1.5 Decide the times and dates for Meetings, and set the agenda for Meetings.

8.1.6 Decide the procedures for dealing with complaints.

8.1.7 Set Membership fees, including subscriptions and levies.

8.1.8 Make regulations. 

8.2 The Committee has all of the powers of the School, unless the Committee’s power is limited by these Rules, or by a majority decision of the School.

8.3 Decisions of the Committee bind the School, unless the Committee’s power is limited by these Rules or by a majority decision of the School.

 

9.0 Roles of Committee Members

9.1 The Principle’s role is to:

9.1.1 Conduct the affairs of the School.

9.1.2 Response for all relation business of the School with other communities.

9.1.3 Response for the academic affairs of the School.

9.1.4 Keep and Manage all documents of the School.

9.1.5 Convene meeting to committee meetings and internal meeting with teachers and parents.

9.2 Vice - Principle’s role is to:

9.2.1 Help the Principal for accomplishing academic affairs of the school.

9.2.2 Represent the Roles of the Principle, when needed.

9.3 The Chairperson’s role is to:

9.3.1 Convene committee Meetings and deciding who may speak and when.

9.3.2 Oversee the operation of the School.

9.3.3 Give a report on the operation of the School at each Annual School Meeting.

9.3.4 Advise the Registrar of Incorporated Societies of any rule changes.

9.3.5 Advise the Registrar of Incorporated Societies of any alteration to the Rules.

9.4 The Secretary’s role is to:

9.4.1 Record the minutes of Meetings.

9.4.2 Keep the Register of Members.

9.4.3 Hold the School's records, documents, and books.

9.4.4 Receive and reply to correspondence as required by the Committee.

9.5 The Auditor’s Role is to:

9.5.1 Inspect with the Treasurer at the School.

9.5.2 Keep and forward an Audit Report at an Annual School Meeting.

9.5.3 Be in a members or nominated from parents of the School.

9.6 The Treasurer’s role is to:

9.6.1 Collect and receive all payments made to the School. These payments must be banked within seven days after the Treasurer receives them.

9.6.2 Keep a true and accurate record in the School’s account book, so that the School’s financial situation can be clearly understood at any point in time.

9.6.3 Give a financial report and statement of accounts (including an Income and Expenditure Account and Balance Sheet) at each Annual School Meeting, and more often if either the Committee or a majority of the School decides this in a Meeting.

9.6.4 Forward the annual financial statements for the School to the Registrar of Incorporated Societies upon approval by the Members at an Annual School Meeting.

 

[School Membership]

10.0 Types of Members

10.1 A Member is either an Ordinary Member or a Life Member, but not an Honorary Member.

10.2 An Ordinary Member has the rights and responsibilities set out in these Rules.

10.3 A Life Member is a person who is acknowledged as a longstanding Member of the School. A Life Member has all the rights and responsibilities of an Ordinary Member (including the right to vote), but does not have to pay fees, subscriptions, or levies.

10.4 An Honorary Member is a person who is acknowledged as providing or having provided important services to the School. An Honorary Member has none of the rights or privileges of a Member.

 

11.0 Admission of Members

11.1 To become an Ordinary Member, a person (“the Applicant”) must:

11.1.1 Complete an application form.

11.1.2 Supply any other information the Committee requires.

11.2 The Committee may interview the Applicant when it considers Membership applications.

11.3 The Committee shall have complete discretion when it decides whether or not to let the Applicant become an Ordinary Member. The Committee shall advise the Applicant of its decision, and that decision shall be final.

11.4 An Ordinary Member may become a Life Member only if:

11.4.1 The Committee recommends that the School should appoint the Ordinary Member as a Life Member.

11.4.2 The School passes a resolution appointing the Ordinary Member as a Life Member by a majority of those Members present and voting as clause 7.5.

 

12.0 The Register of Members

12.1 The Secretary shall keep a register of Members (“the Register”), which shall contain the names, the addresses and telephone numbers of all Members, and the dates at which they became Members.

12.2 If a Member’s address or telephone number changes, that Member shall give the new address or telephone number to the Secretary.

12.3 Each Member shall provide such other details as the Committee requires.

 

13.0 Cessation of Membership

13.1 Any Member may resign by giving written notice to the Secretary.

13.2 A Member may have his or her Membership terminated in the following way:

13.2.1 If, for any reason whatsoever, the Committee is of the view that a Member is breaching the Rules or acting in a manner inconsistent with the purposes of the School, the Committee may give written notice of this to the Member (“the Committee’s Notice”).

The Committee’s Notice must:

(a) Explain how the Member is breaching the Rules or acting in a manner inconsistent with the purposes of the School.

(b) State what the Member must do in order to remedy the situation; or state that the Member must write to the Committee giving reasons why the Committee should not terminate the Member’s Membership.

(c) State that if, within 14 days of the Member receiving the Committee’s Notice, the Committee is not satisfied, the Committee may in its absolute discretion immediately terminate the Member’s Membership.

(d) State that if the Committee terminates the Member’s Membership, the Member may appeal to the School.

13.2.2  14 days after the Member received the Committee’s Notice, which takes immediate effect.  

13.2.3 If the Member gives the Member’s Notice to the Secretary, the Member will have the right to be fairly heard at the next Committee Meeting. If the Member chooses, the Member may provide the Secretary with a written explanation of the events as the Member sees them (“the Member’s Explanation”), and the Member may require the Secretary to give the Member’s Explanation to every other Member within 7 days of the Secretary receiving the Member’s Explanation. If the Member is not satisfied that the other School Members have had sufficient time to consider the Member’s Explanation, the Member may defer his or her right to be heard until the following Committee Meeting.

13.2.4 When the Member is heard at a Committee Meeting, the School may question the Committee Members.

13.2.5 The School shall then by majority vote decide whether to let the termination stand, or whether to reinstate the Member. The School’s decision will be final.

 

14.0 Re-admission of former Members

14.1 Any former Member who has resigned may apply for re-admission in the same way as a new applicant, but if the former Member's membership was terminated by the Committee or the School, the Applicant shall not be readmitted without the approval of the Committee by majority vote.

 

15.0 Obligations of Members:

15.1 All Members (and Committee Members) shall promote the purposes of the School and shall do nothing to bring the School into disrepute.

 

[Money and other Assets of the School]

16.0 Use of Money and Other Assets

16.1 The School may only Use Money and Other Assets if:

16.1.1 It is for a purpose of the School.

16.1.2 It is not for the sole personal or individual benefit of any Member; and

16.1.3 That Use has been approved by either the Committee or by majority vote of the School.

 

17.0 Joining Fees, Subscriptions and Levies

17.1 The School shall decide by majority vote at a Committee Meeting:

17.1.1 What a Member must pay to join the School (“Joining Fee”). And What a Member must pay in order to stay a Member (“Subscription”) and how often this must be paid.

17.1.2 The Committee may by majority vote impose a levy or levies on Members up to a maximum total of $100.00 in any one financial year.

17.2 If any Member does not pay a Subscription or levy by the date set by the Committee or the School, that Member shall have a further period of seven days to pay the Subscription or levy. After the seven day period, the Member shall (without being released from the obligation of payment) have no Membership rights and shall not be entitled to participate in any School activity until all the arrears are paid, and the Member’s Membership shall be suspended until all arrears are paid in full.

 

18.0 Additional Powers

18.1 The School may:

18.1.1 Employ people for the purposes of the School.

18.1.2 Invest in any investment that a trustee might invest in.

18.1.3 Borrow money and provide security for that if authorised by Majority vote at any Committee Meetings or School Meetings.

 

19.0 Financial Year

19.1 The financial year of the Society begins on 1 April of every year and ends on 31 March of the next year.

 

20.0 Cheques

20.1 Any Payment made by the School above a value of twenty dollars must be by Cheque or electronic deposit.

20.2 All Cheques must be signed by the Principle and Treasurer and Chairperson

 

21.0 Appointing an Auditor

21.1 At an School Meeting, the School may by majority vote appoint someone to audit the School (“the Auditor”).  The Auditor shall audit the School’s accounts, and shall certify that they are correct.  The Auditor must be a member of the New Zealand Institute of Chartered Accountants, and must not be a member of the Society. If the School appoints an Auditor who is unable to act for some reason, the Committee shall appoint another Auditor as a replacement.

 

[Conduct of meetings]

22.0 School Meetings

22.1 A School Meeting is either an Annual General(School) Meeting or a Special General Meeting.

22.2 The Annual General Meeting shall be held once every year between 1 April and 31 August. The Committee shall determine when and where the School shall meet within those dates.

22.3 Special General Meetings. If the Secretary receives a written request signed by at least a quarter of the Members and committee meetings.

22.4 The Secretary shall give all Members at least 14 days written notice of:

22.4.1 The business to be conducted at any School Meeting.

22.4.2 A copy of the Annual Report and Statement of Accounts, when the School Meeting is an Annual General Meeting.

22.4.3 A list of Nominees for the Committee, and information about those Nominees if it has been provided.

22.4.4 Notice of any motions and the Committee’s recommendations about those motions. If the Secretary has sent notice to all Members in good faith, the Meeting and its business will not be invalidated simply because one or more Members do not receive the notice.

22.5 All School Meetings shall be chaired by the Principle or the Chairperson. If both of the persons is absent, the Vice-Principle or the Secretary shall chair the School Meeting. If all above the persons is also absent, the School shall elect another Committee Member to chair that meeting.

22.6 On any given motion at a School Meeting, the Chairperson shall in good faith determine whether to vote by:

22.6.1 Voices.

22.6.2 Show of hands.

22.6.3 Secret ballot.

However, if any Member demands a secret ballot before a vote by voices or show of hands has begun, voting must be by secret ballot. If a secret ballot is held,  

22.7 The business of an Annual General Meeting shall be:

22.7.1 Any minutes of the previous Meeting(s).

22.7.2 The Chairperson’s report on the business of the School.

22.7.3 The Treasurer’s report on the finances of the Society, and the Statement of Accounts.

22.7.4 Election of Committee Members.

22.7.5 Motions to be considered.

22.7.6 General business and Approval of plans for the balance of the current and next calendar years.

 

23.0 Motions at School Meetings

23.1 Any Member may request that a motion be voted on at a particular School Meeting, by giving written notice to the Secretary at least 28 days before that meeting. The Member may also provide information in support of the motion. The Committee may in its absolute discretion decide whether or not the School will vote on the motion. However, if the Member’s Motion is signed by at least a quarter of all Members as the clause 22.3

 

24.0 Committee Meetings

24.1 No Committee Meeting may be held unless more than half of the Committee Members attend.

24.2 The Principle or the Chairperson shall chair Committee Meetings, and if both of persons are absent, the Vice-Principle shall chair the Committee Meeting. If the Vice-Principle is also absent, the Committee shall elect a Committee Member to chair that meeting.

24.3 Decisions of the Committee shall be by majority vote.

24.4 Only Committee Members present at a Committee Meeting may vote at that Committee Meeting.

 

[Signing of documents]

25.0 Signing of Documents

25.1 The School shall have a common seal. A document shall be executed on behalf of the School if:

25.1.1 The common seal is attached to the document.

25.1.2 The document is witnessed by any one of the Committee Member.

 25.1.3 The response by Principal.

 

[Altering the rules]

26.0 Altering the Rules

26.1 The School may alter or replace these Rules at a Society Meeting by a resolution passed by clause 22

 

[Winding up]

27.0 Winding up

27.1 If the School is wound up:

The School’s debts, costs and liabilities shall be paid;

Surplus Money and Other Assets of the School may be disposed of:

27.1.1 The School may be wound up if the School at the School Meeting passes a resolution by 2/3 members present requiring the school to be wound up voluntarily

27.1.2 According to the provisions in the Incorporated Societies Act 1908

 But No distribution may be made to any Member.

27.2 The surplus Money and Other Assets shall be distributed to transferred to another organization within New Zealand.