Writing A Constitution

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Writing a Constitution
What is a constitution?
In basic terms, a constitution is simply a set of written rules or an agreement setting
out the aims of your group, how it will be run, and how the members will work
together.
When a group first forms it is often just a gathering of a few like-minded individuals
working together to promote and enjoy a shared activity or interest. Once the group
starts to progress and it begins to deal with handling money or applying for funding, it
is helpful to agree some basic written rules about how it will do things. These written
rules are referred to as a constitution.
Why should a group have a constitution?
A constitution is helpful because:
 it shows that your group is democratic and accountable, with clear methods
by which decisions are made
 it provides a point of reference and can help resolve any problems or
misunderstandings that may arise within the group
 it reassures the public and funding bodies that your group is properly run and
that money is effectively managed
 without a written understanding, people may become confused and things
may not get done
What is a constitution made up of?
A constitution should accurately reflect what a group wishes to do. The details of a
constitution will vary accordingly. However, most constitutions have similarities in
terms of their structure.
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If you are applying for an Arts Micro Grant your constitution must include the
following ten things:
1. Name of your group
2. Aims of your group (sometimes called the ‘objects’)
Your aims should cover why your group has come together and what it is hoping to
accomplish. However, do not simply list various activities, but keep your aims as
wide and flexible as possible to enable you to grow and change without having to
amend your constitution each time you want to do something a different way.
3. The powers of the group
The powers of the group are the things the group is allowed to do to carry out its
activities and meet its objectives. Like your aims, you should also keep your
powers broad and remember that your group may expand in the future or change as
it develops. In general, this section may include details on the powers to:
 raise money
 receive contributions through a membership fee
 recruit volunteers or employ paid staff
 buy or rent premises/equipment
 carry out research
 work in partnership with other organisations
 do anything else within the law necessary to achieve the group’s aims
4. Rules and terms of membership of the group
In setting out the rules of your group you may want to consider the following things:
 how you will appoint new members
 whether or not membership will be open to everyone, or only open to specific
categories of people, e.g. children, older people, disabled people, etc..
 if you are going to charge people to be a member and if so, who is going to
set the price
 how long membership will last
 how many members your group will have
 how you will remove people from your group if you need to
5. Management Committee
A management committee is the group of people who make decisions on behalf of
all the members of the group about how the group is run.
As well as deciding who will be on your management committee, it is important to
consider the following things:
 When and how you will elect your management committee
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 How long they will be on the committee before a re-election is needed
 What procedures you will have in place if a member leaves
 How you will remove a committee member and for what reasons?
6. Officers
It is common for groups to have named individuals, known as officers, to carry out
various tasks on behalf of the group. These may include a chairperson, secretary
and treasurer, etc. The same questions apply to the appointment of officers as for
the appointment of the management committee.
7. Meetings
Your constitution should set out the following:
 the minimum number of meetings you will hold and how often you will have
them.
 how much notice you will give to inform your members when a meeting will be
held
 the number of members that need to be present to allow a meeting to
commence (this is known as the quorum).
 who can vote and how voting will occur (such as a show of hands).
 how your members can call a meeting, as opposed to your committee, and
the minimum number of members needed in order to request such a meeting
8. Finance
As your group grows and develops, a bank account in the group’s name will be
essential because:
 it keeps the group’s money separate from that of any individual within the
group
 public funders will not pay grants to individuals
Your constitution must list any members authorised to sign cheques on behalf of the
group, including the number of signatories needed. Cheques usually require a
minimum of two signatories, but it is good practice to identify three or four members
who are authorised (generally the chairperson, treasurer, secretary and another
committee member). This section should also cover aspects of payment. Can any
members or anyone involved with your group be paid for their time and services?
This is not common practice, but you may want to consider paying reasonable
expenses.
9. Amendments to the constitution
It is important to recognise that as your group grows and develops it may wish to
change what it does. When this happens you may find that you need to make
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amendments to your constitution. Because your constitution represents the reasons
why people joined your group in the first place, you should make sure that it cannot
easily be changed without your members' agreement.
You should consider the following things:
 whether a special meeting is needed and who should be present
 whether a majority vote of your members in favour of any amendments needs
to be reached.
This section should also include information regarding how much notice you will give
to your members of any agreed changes that will affect them.
10. Dissolution of the group
This section should set out the rules you will follow if for any reason you need to
close down your group. It should include what will happen to any remaining assets or
money. Usually, when a group ceases to exist, any outstanding debts are repaid and
the group’s surplus assets or finances are then distributed or donated to similar
groups or local charities. This is basically to reassure the public and any funding
bodies that the money is being used properly.
What does a constitution look like?
There is an example constitution below. The examples of rules given here will
probably not apply to your group. They are just to give you an idea of how these
things are usually set out under the ten headings explained above.
If you are applying for an Arts Micro Grant, you may use this example constitution as
the model for creating your own. Please note that your constitution must address all
of the ten headings.
EXAMPLE CONSTITUTION
1) NAME
The name of the group shall be XXXXX XXXXX, hereafter referred to as the
Group.
2) AIMS
The aims of the Group shall be:
 to improve the area known as XXXXX for the benefit of the inhabitants of the
area;
 to encourage the goodwill and involvement of the wider community;
 to foster community spirit and encourage civic pride.
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3) POWERS
In furtherance of the objects, but not otherwise, the Management Committee may
exercise the power to:
(i) Promote the health and wellbeing of the residents of the area and to work together
as residents irrespective of age, sex, ethnicity, ability, religion or political view.
(ii) Promote environmental improvement and conservation by educating,
encouraging and assisting the local population in environmental practice, working in
partnership with similar groups and organisations.
(iii) Invite and receive contributions and raise funds where appropriate, to finance the
work of the Group, and to open a bank account to manage such funds.
(iv) Publicise and promote the work of the Group and organise meetings, training
courses, events or seminars etc.
(v) Work with groups of a similar nature and exchange information, advice and
knowledge with them, including co-operation with other voluntary bodies, charities,
statutory and non-statutory organisations.
(vi) Employ staff and volunteers (who shall not be members of the Management
Committee) as are necessary to conduct activities to meet the objects.
(vii) Take any form of action that is lawful, which is necessary to achieve the objects
of the Group.
4) MEMBERSHIP
(i) Membership shall be open to anyone who has an interest in assisting the Group to
achieve its aim and is willing to adhere to the rules of the Group.
(ii) Where it is considered membership would be detrimental to the aims and
activities of the Group, the Management Committee shall have the power to refuse
membership, or may terminate or suspend the membership of any member by
resolution passed at a meeting. Members shall have the right to appeal via an
independent adjudicator determined by mutual agreement of the management
committee.
(iii) Any member of the association may resign his/her membership by providing the
Secretary with written notice.
5) MANAGEMENT COMMITTEE
(i) The Group shall be administered by a management committee of no less than
three (3) people and no more than fifteen (15), who must be at least 18 years of age.
Members will be elected for a period of up to one year, but may be re-elected at the
Group’s AGM.
6) OFFICERS
(i) The Group shall have a committee consisting of:
The Chairperson
The Treasurer
The Secretary
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and any additional officers the Group deems necessary at the meeting required to
carry out the required activities.
7) MEETINGS
(i) The committee shall meet at least three times a year. Meetings shall enable the
Group to discuss actions and monitor progress to date, and to consider future
developments.
(ii) All members shall be given at least fourteen (14) days’ notice of when a meeting
is due to take place, unless it is deemed as an emergency.
(iii) Two-thirds of committee members must be present in order for a meeting to take
place.
(iv) It shall be the responsibility of the Chairperson to chair all meetings or a
designated deputy in his/her absence. All meetings must be minuted and accessible
to interested parties.
(v) The AGM shall take place no later than three months after the end of the financial
year. At least fourteen (14) days’ notice must be given before the meeting takes
place.
(vi) All members are entitled to vote at the AGM. Voting shall be made by a show of
hands on a majority basis. In the case of a tied vote, the Chairperson or an
appointed deputy shall make the final decision.
8) FINANCE
(i) Any money acquired by the Group, including donations, contributions and
bequests, shall be paid into an account operated by the Management Committee in
the name of the Group. All funds must be applied to the objects of the Group and for
no other purpose.
(ii) Bank accounts shall be opened in the name of the Group. Any deeds, cheques
etc. relating to the Group’s bank account shall be signed by at least two (2) of the
following committee members: Chairperson; Treasurer; Secretary.
(iii) Any income/expenditure shall be the responsibility of the Treasurer who will be
accountable to ensure funds are utilised effectively and that the Group stays within
budget. Official accounts shall be maintained, and will be examined annually by an
independent accountant who is not a member of the Group. An annual financial
report shall be presented at the AGM. The Group’s accounting year shall run from 01
April to 31 March.
9) ALTERATION OF THE CONSTITUTION
(i) Any changes to this constitution must be agreed by a majority vote at a special
general meeting.
(ii) Amendments to this constitution or dissolution of the Group must be conveyed to
the Secretary formally in writing. The Secretary and other officers shall then decide
on the date of a special general meeting to discuss such proposals, giving members
at least four weeks (28 days) notice.
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10) DISSOLUTION
(i) The Group may be dissolved if deemed necessary by the members in a majority
vote at a special meeting. Any assets or remaining funds after debts have been paid
shall be returned to their providers or transferred to local charities or similar groups
at the discretion of the Management Committee.
This constitution was adopted at a meeting held at XXXXXX on XXXXXX by:
Signed: Chairperson
Signed: Treasurer
Signed: Secretary
Signed: Member
Signed: Member
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