THE CONSTITUTION OF THE ART FRIENDS SELF HELP GROUP
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NAME
The name of the Group shall be “THE ART FRIENDS SELF HELP GROUP” hereinafter
referred to as “The Group”
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OBJECTS
The objects of the Group shall be:
2.0
To create an enabling platform through which members can make savings.
2.1
To enable members acquire credit facilities.
2.2
To establish a forum that will create a network and effective communication among
members.
2.3
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To remain non-political.
MEMBERSHIP
3.0
Any person over the age of eighteen (18) years who shares the above interests with
reliable source of income and shows commitment shall be eligible for membership
of the Group and shall, subject to approval of the management committee, become
a member on payment of the prescribed membership fee.
3.1
Every applicant is required to fill in Membership application form on joining the Group.
3.2
The Group attracts a minimum of Five (5) and a maximum of Sixty (60) members.
3.3
Every member is shall make a minimum monthly contribution of Kenya Shillings
……………..
3.4
Every member is shall pay monthly administrative fee.
3.5
Management committee may refuse admission to a person after assigning reasons
for their decision.
Membership of the group shall cease with effect from the date of a member’s:
3.6
a)
b)
c)
d)
e)
f)
3.7
Death
Withdrawal
Expulsion from Group
Becoming certifiably insane
Transfer of shares
Being declared bankrupt in a Court of Law
Any member can be expelled from membership if the committee so recommends and
if a General meeting of the Group shall resolve by two thirds majority that such a
member should be expelled on the grounds that his/her conduct has adversely
affected the reputation and dignity of the Group
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Obligations of Members
All Members inclusive of those in the Executive Committee shall in goodwill and trust
promote the purposes of the Group at all times and shall do nothing to will injure or bring
the Group into disrepute. Each member shall meet his/her obligations without recourse
to any financial intent except for official approved aspects to which sufficient
reimbursement shall be rendered.
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Cessation of Membership
5.1. Any Member may resign by giving written notice of not less than 21 days to the
Executive Secretary.
5.2. Membership terminated in the following ways:
5.2.1. If, for whatsoever reason, the Committee is of the view that a Member is in
breach of the Rules and Regulations herein or he/she has committed an act
and/or omission inconsistent with the values and purpose of the Group, the
Committee shall give written notice to the Member (“the Committee’s
Notice”). The Committee’s Notice must:
i.
Explain the alleged breach of the Rules or the actor omission
inconsistent with the purposes of the Group perpetrated by the
member;
ii.
State what the Member shall do to remedy the breach; and/or grant the
Member the opportunity to address the Committee in writing by giving
reasons why the Committee should not terminate the Member’s
Membership.
iii.
Within 14 days of dissemination of the Committee’s Notice, and the
Committee is not satisfied by the Member’s response or the Member
neglects/ignores and/or fails to reply to the said Notice, the Committee
may, with the approval of the members, immediately terminate the
Member’s Membership.
iv.
If the Committee terminates the Member’s Membership, the Member
may appeal to the Group during the next General Meeting.
5.2.2. 14 days after the Member received the Committee’s Notice, the Committee
may in its absolute discretion by majority vote terminate the Member’s
Membership by giving the Member written notice (“Termination Notice”),
which takes immediate effect. The Termination Notice must state that the
Member may appeal to the Group at the next Meeting by giving written
notice to the Secretary (“Member’s Notice”) within 14 days of the Member’s
receipt of the Termination Notice.
5.2.3. If the Member gives the Member’s Notice to the Secretary, the Member will
have the right to be fairly heard at the next General 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 Society 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 Society Meeting.
5.2.4. When the Member is heard at the Group’s meeting, the members may
question the Member and the Committee Members.
5.2.5. The Group shall then by majority vote decide whether to let the termination
stand, or whether to reinstate the Member. The Group’s decision will be
final.
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6. Nominees
6.1.
Every member shall nominate a nominee in writing as his/ her nominee to whom,
on his/ her death, deposits shall be vested and such appointments shall be
attested by two witnesses who are members of the group.
6.2.
In the event of death of a member, the group after satisfying itself and after
obtaining such documentary proof of the death of a member as it may consider
necessary, shall pay to the nominee the value the value of the deceased
member’s deposits, after ducting such sums as may be due by the member to the
group, as soon as possible.
7. OFFICE BEARERS
7.1.
The office bearers of the Group shall be
i)
The chairperson
ii)
Vice -Chairperson
iii)
The secretary
iv)
Assistant Secretary
v)
The treasurer
vi)
Vice-Treasurer
7.2.
All office bearers shall be fully paid-up members of the Group but who shall be
entitled to such allowances as provided by this constitution an approved by the
management committee.
7.3.
All office bearers shall be elected at Annual General Meeting (AGM) to be held
each year and shall hold the office till the succeeding AGM subject to the
conditions contained in sub-paragraphs (b) and (d) of this rule but shall be eligible
for re- election.
7.4.
Any office bearer who ceases to be a member of the Group shall automatically
cease to be an office bearer thereof.
7.5.
Office bearers may be removed from office as is laid down for expulsion of
members in rule 3(k) and 6(d) and vacancies created filled by persons elected in
General meeting resolving the expulsion. The management committee may coopt on temporary basis any member to fill such vacancy in event of such
occurrence.
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7.6.
DUTIES OF OFFICE BEARERS
5.5.1 Chairperson
I)
The Chairperson shall unless prevented by illness or other sufficient cause,
preside over all meetings of the committee and at all General meetings
II)
The Chairperson, or in his absence, the Vice-Chairperson shall preside at every
General Meeting. In their absence, any member elected by majority of those
present shall preside.
5.5.2 Vice-Chairperson
I)
The vice-chairperson shall perform any duties as assigned to him/her by the
chairperson.
II)
In the absence of the chairperson the vice-chairperson shall chair all session.
He shall deputize the chairperson in all occasions.
5.5.3 Secretary
I)
The Secretary shall deal with all the correspondence of the Group under the
general supervision of the committee. In case of urgent matters where the
committee cannot be consulted, he/she shall consult the Chairperson or if the
Chairperson is not available the vice-chairperson. The decision reached shall
be subject to ratification or otherwise at the next committee meeting.
II)
He/she shall issue notices convening all meetings of the committee and all
General meetings of the Group and shall be responsible for keeping minutes of
all such meetings and for the preservations of all records of proceedings of the
Group and the Committee.
5.5.4 Assistant Secretary
I)
In the absence of the Secretary, the Assistant Secretary shall perform all the
duties of the Secretary and such other duties as shall be assigned to him by
the Secretary or the Committee whether the Secretary is present or not.
II)
In the absence of the secretary shall perform the duties of the secretary.
5.5.5 Treasurer
I)
The Treasurer shall receive and disburse, under the direction of the committee,
all monies belonging to the Group and shall issue receipt for all moneys
received by him or her and preserve vouchers for all moneys paidout.
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II)
The Treasurer is responsible to the committee and the members that proper
books of account of all moneys received and paid by the Group are written
up, preserved and available for inspection.
III)
The treasure shall ensure that all payment and expenditures are duly
authorized.
IV)
The treasurer shall ensure compliance with all directives of the management
committee.
5.5.6 Assistant Treasurer
I)
The assistant treasurer shall perform such duties as may be specifically
assigned to him/her by the Treasurer or by the committee
II)
In the absence of the Treasurer shall perform the duties of the Treasurer.
8. THE MANAGEMENT COMMITTEE
8.1.
The Management Committee shall comprise of all the office bearers of the Group
and three other members of who shall be elected at the Annual General Meeting
each year. The Committee shall hold office until the succeeding AGM. The
Committee shall meet at such times and places as it shall resolve but shall meet
not less than twice in a year.
8.2.
Any vacancies for members of the Committee, caused by death or resignation,
shallbe filled by a member appointed by the remaining Committee members, and
shall hold office until the next AGM of the Group.
9. DUTIES OF THE COMMITTEE
9.1.
The Committee shall be responsible for the Management of the Group. The
Committee shall have power to appoint such sub-committees, as it shall deem
desirable to make reports to the Committee upon which such action shall be taken
as seems to the committee desirable.
9.2.
All moneys disbursed on behalf of the Group shall be authorized by the committee
except as specified in rule thirteen (13) subsections (g).
9.3.
The quorum for meetings of the management committee shall not be less than
two- thirds (2/3) of its members.
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10. GENERAL MEETING
10.1. There shall be two classes of General Meetings; Annual General Meetings and
Special General Meetings.
10.2. The Annual general meetings shall be held not later than 30th April every year.
Notice in writing of such Annual general meetings, accompanied by the annual
statement of account and the agenda for the meeting shall be sent to all members
not less than 21 days before the date of the meeting.
10.3. The agenda for any annual general meeting shall consist of the following:
I)
Confirmations of the minutes of the previous meetings
II)
Consideration of accounts.
III)
Election of the office bearers and committee members.
IV)
Appointment of auditors
V)
Such other matters as the committee may decide or as to which a member or
members shall have given notice in writing to the secretary at least four (4)
weeks before the date of the meeting.
VI)
Any other business with the approval of the chairperson
10.4. The committee may call for Special general meeting for any specific purpose.
Notice in writing of such meetings shall be sent to members 7 days before the
date thereof.
10.5. Special general meetings may also be requisitioned for a specific purpose by
order in writing to the secretary of not less than half of the members and such
meetings shall be held within 21 days of the date of the requisition. No matters
shall be discussed other than that stated in the requisition.
10.6. Quorum for general meetings shall be not less than two-thirds (2/3) of the
registeredmembers of the Group.
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11. PROCEDURE AT MEETINGS
11.1. At all meetings of the Group the chairperson or in his absence the vice
chairperson or in the absence of both these officers, a member selected by the
meeting shall take the chair.
11.2. The chairperson may at his discretion limit the number of persons permitted to
speakin favour of or against any motion or agenda.
11.3. Resolution shall be decided by simple voting. In the case of equality of votes, the
chairperson shall have a second or casting vote.
12. TRUSTEES
12.1. All land buildings and other immovable properties and all investments and
securities, which shall be acquired by the Group, shall be vested in the names
ofnot less than three (3) trustees who shall be members of the Group and shall
be appointed at an AGM for a period of 2 years.
12.2. On retirement such trustees shall be eligible for re-election. A general meeting
shall have the power to remove any of the trustee and all vacancies occurring by
removal, resignation or death, shall be filled at the time or next General meeting.
12.3. The trustees shall pay all income received from properties vested in the trustees
to the treasurer. Any expenditure in respect of such property, which in the opinion
of the trustees is necessary or desirable, shall be reported by the trustee to the
committee, which shall authorize expenditure of such monies as it thinks fit.
13. AUDITOR
13.1. An Auditor/s shall be appointed for the following year at the Annual General
Meeting. The entire Groups’ accounts, records and documents shall be open to
the inspection of the Auditor at any time. The treasurer shall produce an account
of receipts and payment and a statement of assets and liabilities made up to date,
which shall not be less than three weeks and not more than three months before
thedate of the Annual General Meeting. The Auditor shall examine such annual
account and statements and either clarify that they are correct, duly vouched and
in accordance with the law or report to the Group in what respect they are found
to be incorrect, and vouched or not in accordance with the law.
13.2. A copy of Auditors report on the account and statements together with such
accounts and statements shall be furnished to all members at the same time as
the notice convening the Annual general Meeting is sent out. An Auditor may
be paid
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such honorarium for his duties as may be resolved by the Annual General Meeting
appointing him or her.
13.3. No Auditor shall be an office bearer or member of the Committee of the Group.
14. FUNDS
14.1. The funds of the Group shall be derived from the following sources:
I)
Membership fee paid upon entrance into the Group
II)
Monthly contributions by members
III)
All monies accrued by virtue of any business of the group
14.2. The funds of the Group may only be used for the following purposes:
I)
Assist any member of the Group in financial need
II)
For such investments as approved by the Management committee.
III)
For any other purpose deemed beneficial to the members of the Group.
14.3.
All monies shall be received by and paid to the treasurer and shall be deposited
by him/ her in any bank/banks approved by the committee.
14.4. No payment shall be made out of the bank accounts without a resolution of the
committee authorizing such payments and the treasurer shall sign all cheques on
such bank account and one other approved signatories who shall be the
Secretary or the Chairperson of the Group.
14.5. The financial year of the Group shall be 1st January to 31st December every year.
15. AMENDMENTS TO THE CONSTITUTION
Amendments to the constitution of the Group must approved by two-thirds 2/3 of majority
of members at a general meeting of the Group. They cannot, however be implemented
without the prior consent in writing of the registrar, obtained upon application to him in writing
and signed by three of the office bearers.
16. DISSOLUTION
16.1. The Group shall not be dissolved except by a resolution passed at a general
meeting of the members by a vote of two-thirds 2/3 of the members present. The
quorum of the meeting shall be as shown in rule 9(f). If no quorum is obtained,
the proposal to dissolve the Group shall be submitted to a further General
meeting, which shall be held one month later. Notice of this meeting shall be
given to all
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members of the Group at least 14 days before the date of the meeting. The quorum
of this meeting shall be the number of members present.
16.2. Provided, however, that no resolution shall be effected without prior permission
in writing to the registrar, obtained upon application to him made in writing and
signed by the three office bearers.
16.3. When the registrar has approved the dissolution of the Group, no further action
shallbe taken by the committee or office bearers of the Group in connection
with theaims of the Group other than to get in and liquidate for cash all the assets
of the Group. Subject to the payment of the debts of the Group, the balance shall
therefore be distributed in such other manner as may be resolved by the meeting
at which the resolution for the dissolution is passed.
17. INSPECTION OF ACCOUNTS AND LIST OF MEMBERS
The books of accounts, all other documents relating thereto, and a list of members of the
Group shall be availed for inspection at the registered office of the Group by any officer or
member of the Group on giving not less than 7 days’ notice in writing to the Group.
16 AMENDMENTS
This constitution may be amended by a resolution passed by a two-thirds majority of those
voting at any General Meeting of the group, provided that notice of the meeting in writing
stating the terms of the resolution to be proposed thereat, shall have been sent to all
members of the group not less than fourteen days before the date of the meeting.
This constitution was adopted at the inaugural meeting of the THE ART FRIENDS
SELF HELP GROUP held on:
Date …………………………….. at …………………………………………
Signed
…………………………………….. Print Name……………………………………
Chairperson)
…………………………………….. Print Name …………………………………..
(Secretary)
…………………………………….. Print Name …………………………………...
(Treasurer)
Members Present:
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