Help!! Club constitution

Banus

Hi all,
could anyone out there help me, I am a member of a club that has a joint club constitution since 1998. They are now updating/amending this before our next agm. My questions are as follows:

In the constitution can there be rules for men and separate rules for ladies? these rules are not pertaining to golf they are to do with membership, election of officers and such matters?

I am a little confused as I thought that a joint club would have a single constitution for all members!!

Thanks for your help in advance

For Paws

The Club may not discriminate between members who pay the same fees and observe the same obligations, as set out in the Club Constitution.

The Club may, in their Articles of Association (part of the Constitution) create different classes of membership with differing fee levels and obligations.
This is not discrimination between members, but between classes or types of membership. A common form would be Juniors or 5 Day Members for instance.

Where a Club decides to review it's Constitution it should take under serious consideration any opportunity to remove discrimination between people which are gender or race based. That being said, any Club is completely free to make any Rules which it's Members will support by vote.

Almaviva

For Paws wrote: »

That being said, any Club is completely free to make any Rules which it's Members will support by vote.

...as long as it is within the law of course!

Also, AFAIK Articles of Association only apply to limited company structures clubs, not those with a Trust structure.

GreeBo

Almaviva wrote: »

...as long as it is within the law of course!

Also, AFAIK Articles of Association only apply to limited company structures clubs, not those with a Trust structure.

+1
OP I'd be seriously considering getting some legal advice, even from a member.
This sort of stuff could go down a very dangerous road if you start discriminating on anything other than membership class.

For Paws

Almaviva wrote: »

...as long as it is within the law of course!

Also, AFAIK Articles of Association only apply to limited company structures clubs, not those with a Trust structure.

Yes, generally speaking. Articles of Association apply in the case of incorporated structures (Companies), but their use is not confined to that.

The section of any Constitution that defines the relationship between the Club structure and it's Members is referred to as the Articles of Association.

Not all Clubs use a Trust structure. Sometimes the Club establishes and holds the rights over any property through the mechanism of a Public Limited Company and the 'Members' are actually the holders of Preferential Shares in that Company.
Examples include Carton House Golf Club, Castleknock Golf and Country Club and Glen of the Downs Golf Club.

Unincorporated Association :
A group of individuals coming together to carry out a mutual activity, in common language a club. The group usually draws up a set of rules to regulate the relationship between the members and will usually provide for a committee to run the club's affairs. An unincorporated association is the most common structure for sports clubs as it is the simplest and most informal way to establish an organisation. Put simply, any sports group or club which is not a company is an unincorporated association, whether its members are aware of it or not!

Advantages
Informality: Comes into being simply as a result of a mutual decision on the part of its members to form a club.
Simplicity: No need to file or publish accounts or returns. Legal formalities and administrative costs are kept to a minimum although it is a good idea to have at least some rules and regulations set out in writing.
Privacy: The rules and accounts of unincorporated associations are not a matter of public record, allowing for privacy in the club's affairs.

Disadvantages
The club has no separate legal personality from members which gives rise to the following:
No limited liability. The members will be personally liable for any liability of the club not met by its assets. Therefore caution should be exercised in taking on any onerous debts.
The unincorporated association will have to appoint trustees if it wishes to hold property such as a clubhouse. Similarly, if the club is to make a contract or be a party to litigation, a nominated member of the club must act on its behalf. However, as these activities are usually limited they should not present a major issue.

Suitable For?
Grassroots clubs who do not hold any significant property or employ staff and whose liabilities can be easily covered by having in place appropriate insurance policies. Notable exceptions to this general rule include the IRFU and the English Lawn Tennis Association which are both unincorporated associations. However, nowadays most large sports clubs, events, or governing bodies are limited liability companies.

Banus

Hi all,

Thank you sincerely for your help and advice, this now gives me a clear indication of where I stand within my membership status.