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Ash
Ash, Solicitor
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The constitution of a local organisation has two paragraphs

Resolved Question:

The constitution of a local organisation has two paragraphs relating to voting rights of members that are self-contradictory.

5. Rights and Privileges of Membership
Every member and, if he is married, his wife and any unmarried daughters who have attained the age of 21 years, but have not yet attained the age of 30 years, shall have the following rights. He shall:
a) be entitled to submit nominations for and attend and vote at any General Meeting, provided he is above the age of 21 years and is not more than 6 months in arrear in payment of any account due to the organisation and has been a member 12 months before the date of such Meeting.
b) be eligible to serve on the Board of Management herein – after mentioned provided he has attained the age of 25 years and has been a member for one year immediately preceding the date of his election thereto, and is not more than 6 months in arrear in payment of his said account.

However in Section 14 the following appears:

14. Arrears
If a member more than nine months in arrears with subscriptions neglects or refuses to pay after notice demanding payment has been delivered at his last known place of residence, by Recorded Delivery Letter, his rights as a member including the right to vote at any meeting of the Congregation or at any Committee may at the discretion of the Board of Management be forfeited. Such forfeiture shall not relieve the defaulting member from liability of payment of such arrears. Any such person may however be re-admitted as a member on such terms and conditions as the Board of Management at their discretion may determine.

We are about to elect a new Board of Management and the new Board will elect a new Chairman.

The allocation of voting rights could significantly affect the membership of the new Board and therefore the election of the Chairman.

As sections 5 and 14 appear to be in contradiction, is there legal determination of which section should be followed?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

What type of organisation is this please?

Customer:

It is a local synagogue

Alex Watts :

Ok - what is in the rules about conflicting terms?

Customer:

I found no such rules:

Customer:

LOUGHTON CHIGWELL AND DISTRICT


SYNAGOGUE RULES AND CONSTITUTION




  1. (1) The name of the Synagogue shall be The Loughton Chigwell and District Synagogue.


(2) The objects of the Synagogue shall be (a) the conduct Divine Services to provide for religious needs of the Members of the Congregation, to maintain Hebrew Classes for children and generally to foster the spirit and practice of Traditional Judaism and to be the centre of educational and social activities among its members. All activities of the Synagogue shall be carried out in accordance with the principles of Orthodox Jewish Law as laid down by the Beth Din and no activities shall be permissible which would violate these principles.


(b) To carry on any other business which may seem to the Board of Management to be capable of being conveniently carried on in connection with the above objects calculated directly or indirectly to enhance the value of or render more profitable any of the Synagogue’s property.


(c) To purchase or by any other means acquire and take options over any freehold, leasehold or other real or personal property for any estate or interest whatever, and any rights or privileges of any kind over or in respect of any real or personal property.


(d) To improve, manage, construct, repair, develop, exchange, let on lease or otherwise, mortgage, charge, sell, dispose of, turn to account, grant licenses, options, rights and privileges in respect of, or otherwise deal with all or any part of the property and rights of the Synagogue both real and personal.


(e) To invest and deal with the moneys of the Synagogue not immediately required in such manner as may from time to time be determined and to hold, sell or otherwise deal with any investments made.


(f) To lend and advance money or give credit on such terms as may seem expedient and with or without security to members and others to enter into guarantees, contracts of indemnity and surety ships of all kinds, to receive money on deposit or loan upon such terms as the Board of Management may approve and to become security for any persons, firms or companies.


(g) To borrow and raise money in such manner as the Board of Management shall think fit and to secure the repayment of any money borrowed, raised, or owing, by mortgage, charge, lien or other security upon the whole or part of the Synagogue’s property or assets (whether present or future).


(h) To draw, make, accept, endorse, discount, negotiate, execute and lease promissory notes, bills of exchange, warrants, debentures and other negotiable or transferable instruments.


(i) To remunerate any persons, firm or company rendering services to the Synagogue.


(j) To support and subscribe to any charitable or public object and to support and subscribe to any institution, society, or club which may be for the benefit of the Synagogue its Members or employees, or may be connected with any town or place where the Synagogue and members may reside; to give or award pensions, annuities, gratuities, and superannuation or other allowances or benefits or charitable aid to any persons who are or have been employees or members or who are or have been employed by, or who are serving or have served the Synagogue and to the wives, widows, children and other relatives and dependants of such persons to make payments towards insurance and to set up, establish, support and maintain superannuation and other funds or schemes (whether contributory or non-contributory) for the benefit of any such persons and of their wives, widows, children and other relatives and dependants.


(k) To sell or otherwise dispose of the whole or any part of the Synagogue’s property either together or in portions for such consideration as the Board of Management may think fit.


(l) To distribute among the Members of the Synagogue in kind any property of the Synagogue of any kind.


(m) To procure the Synagogue to be registered with the Charity Commissioners.


(n) To do all or any of the things or matters aforesaid in any part of the world and either as principals, agents, contractors or otherwise and by or through agents or otherwise and either alone or in conjunction with others.


(o) To do all such other things as may be deemed incidental or conducive to the attainment of the above objects or any of them.


(p) The objects set forth in each sub-clause of this Clause shall not be restrictly construed but the widest interpretation shall be given thereto, and they shall not except where the context expressly so requires, be in any way limited or restricted by reference to or inference from any other object or objects set forth in such sub-clause or from the terms of any other sub-clause or by the name of the Synagogue. None of such sub-clauses or the object or objects therein specified or the powers mentioned in any other sub-clause, but the Synagogue shall have as full a power to exercise all or any of the objects conferred by and provided in each of the said sub-clauses as if each sub-clause contained the objects of a separate body.


2. Affiliation to the Federation of Synagogues


The Synagogue shall be affiliated to the Federation of Synagogues, London.


3. Conditions of Membership


(1) Every person of the Jewish faith may on payment of a subscription or reduced subscription and upon such terms as may be fixed by the Board of Management in certain cases become and remain a member of the Congregation provided:


(a) That his or her application for membership shall have been approved by the Board of Management, and


(b) That such person, if married, shall have celebrated his or her marriage by means of religious ceremony carried out in accordance with the principles of Orthodox Judaism.


(2) Any unmarried member shall cease to be a member upon his or her marriage being carried out otherwise than in accordance with the aforesaid principles.


(3) A person shall be deemed to become a member on approval of his application.


(4) Every member shall be entitled to see upon request a copy of these Rules which shall be binding upon him from the time of his election.


4. Refusal of Membership


The Board of Management reserve the right to refuse membership to any application without giving reason therefor.


5. Rights and Privileges of Membership


Every member and, if he is married, his wife and any unmarried daughters who have attained the age of 21 years, but have not yet attained the age of 30 years, shall have the following rights. He shall:


a) be entitled to submit nominations for and attend and vote at any General Meeting, provided he is above the age of 21 years and is not more than 6 months in arrear in payment of any account due to the Synagogue and has been a member 12 months before the date of such Meeting.


b) be eligible to serve on the Board of Management herein – after mentioned provided he has attained the age of 25 years and has been a member for one year immediately preceding the date of his election thereto, and is not more than 6 months in arrear in payment of his said account.


c) have the right of being allotted seats in the Synagogue of the Congregation for himself, his wife and his children under the age of 21 years at such rental as may be fixed by the Board of Management provided that such seats shall be available.


d) have the right to be enrolled as a member of the Burial Society of the Federation of Synagogues to which this Congregation is affiliated in accordance with the provisions for the time being in force regulating their matters, subject to his due compliance with the rules of The Burial Society and on payment of such fees as may from time to time be determined by that body.


e) be entitled, if a male, to be called to the “Reading of the Law” when a “chiyuv” hereto, and to officiate as Segan on the Sabbath preceding the marriage of any of his children or upon the day Barmitzvah of any of his sons subject to the directions of the Board of Management regarding the right of other members.


f) have full rights to the Services of the Rabbi or Minister at the celebration of his own marriage or at the marriage of any of his children and to the use of the Synagogue and attendance of officials on any such occasions on payment of the duly fixed charges.


g) any member who shall desire to transfer his Synagogue membership to another Federation Synagogue, shall apply for consent thereto to the Board of Management. Such consent shall not be unreasonably withheld provided such member shall not be in arrear or in any way whatsoever indebted to the Synagogue.


6. Resignation of Membership


Any member may resign his membership only by giving to the Secretary notice in writing to that effect, and in that event he and his family shall forfeit all rights and privileges of membership enjoyed by them. Such persons may be re-admitted to membership on payment of the total amount of contributions he would have paid but for his resignation, save that the Board of Management may waive or modify this requirement at their discretion.


7. Honorary Officers


The Honorary Officers of the Congregation shall be the Chairman, the three Wardens, the Treasurer and the Secretary, who shall be elected by the Board of Management from among these of their own number elected at a General Meeting. The Honorary Officers shall hold office from the time they are elected to the time of the election of their successors.


8. Duties of Honorary Officers


1) The Chairman or in his absence the Secretary shall have the general superintendence of the Congregation and shall govern it according to its Rules.


2) The Wardens


The Wardens shall have general control of the religious services. They shall distribute Mitzvot and officiate as Segan except when such function shall devolve by right on any other member but shall have the power to delegate such duty to any of the Honorary Officers.


3) The Treasurer


(i) The Treasurer shall receive from the Trustees on entering office an inventory in triplicate of all Siphrei Torah, Mantles, Bells and other ornaments thereto belonging. Holy Vestments, Plate, Furniture, Books and other moveable property in the possession, and under the care of the retiring Treasurer. The Treasurer shall sign each copy of the inventories, retain one copy in his possession during his tenure of office, forward another copy to the Trustees and a third copy shall remain with the Secretary.


(ii) The Treasurer shall once a year prior to the drawing up of the Annual Balance Sheet take an inventory of all properties of the Congregation referred to in sub-clause 2 (c)(i) hereof.


(iii) The Treasurer shall see that the moveable property is kept in good order and condition and in a secure place appropriate for the purpose and shall see that all additions to such property are duly entered in the said inventories and shall notify such additions to the Board of Management and Trustees.


(iv) The Treasurer shall superintend the receipt and expenditure of all monies on account of the Congregation and shall keep all necessary books of account for this purpose.


4. The Secretary


The Secretary shall act under the direction of the Board of Management and attend generally to the secretarial business of the Congregation. In particular he shall:


i) Conduct all correspondence


ii) Issue notices of Meetings, attend thereat and keep Minutes thereof


iii) Keep registers of all births, marriages and deaths amongst members.


iv) Act as Registrar of Marriages, if required


v) Keep a plan and register wherein shall be entered numerically the seats of the Congregation, the rates at which they are chargeable and the names of the occupants.


vi) Keep a register of all members, their latest addresses and the date of their election.


vii) Notify the Secretary of the Federation of Synagogues immediately of any change in the address of a member and forward to him monthly all Federation Burial Society Contributions received by him from his members.


9. Board of Management


(1) The General Government of the affairs of the Congregation shall be vested in the Board of Management consisting of not less than 10 nor more than 14 members elected at an Annual General Meeting.


(2) In addition, the Chairman shall be ex officio a member of the Board of Management during the year succeeding his year of Office.


(3) The Board of Management shall hold office from the time of their election to the time of the election of their successors.


(4) The Board of Management shall have power to co-opt a person or persons for such length of time as they may determine to advise or assist them. Such co-opted member or members shall be entitled to be present at the Meetings of the Board of Management and shall be entitled to vote on any resolution proposed thereat.


(5) The person receiving any remuneration from the Synagogue shall be eligible to serve as a member on the Board of Management or as an Honorary Officer.


(6) The Board of Management shall use its best endeavours to meet at least once a month save for July and in August. At such Meetings, the Chairman (or in his absence the Secretary or in his absence such member that shall be elected by the members present) shall take the Chair. Decisions taken at Meetings of the Board of Management shall be by majority, the Chairman of the Meeting having a casting vote.


(7) At the written request of at least three elected members of the Board of Management, the Chairman shall call a Meeting of the Board within fourteen days of such request.


(8) All members of the Board of Management shall be eligible for re-election, subject to nomination as hereinbefore provided.


(9) The Board of Management shall have power to declare for any good reason that a vacancy has occurred among their number and in such event shall have power to fill such vacancy pending the next General Meeting.


(10)


(i) At first meeting of the newly elected Board of Management such Sub-Committees as may be deemed necessary shall be appointed. Each Sub-Committee shall have the approval of the Board of Management.


(ii) Such Sub-Committee shall have the power to co-opt such individual or individuals as they may deem necessary notwithstanding Clause 9 (1) hereof.


(11) Save as in this Constitution otherwise provided, all matters, sets and questions to be done, determined and decided by the General Members Meeting, or by any of the said Committees, shall be done, determined and decided by majority of the persons present at a meeting of the General Members or Committee, and the Chairman at any such meeting shall in case of equality of votes have a second or casting vote. The quorum of the General Members shall be six.


(12) The Board of Management shall from time to time, repeal, and amend all such byelaws and regulations (not inconsistent with these rules) as they may deem necessary and expedient, to the internal management and well-being of the Congregation. All byelaws and regulations made by the Board of Management under this rule shall be binding upon the members until repealed or set aside by a resolution of a General Meeting of the Congregation.


(13) Attendance of Minister at Board of Management meetings. That whenever matters other than those involving the terms and conditions of employment and the manner in which duties of employees of the Synagogue be carried out, the Board may invite the Minister to attend its meeting and shall take due regard of the Ministers views.


10. Officials


All permanent officials of the Synagogue shall be appointed by the Board of Management. The salaries and duties of these officials shall be fixed by the Board of Management and embodied in an agreement to be signed by the Chairman on behalf of the Congregation. If in the opinion of the Board of Management any paid official shall be unsatisfactory or be known not to live in accordance with the fundamental principles of Orthodox Jewish Law the Board of Management shall have the power to dismiss such official.


11. General Meetings and Elections


(1) A General Meeting shall be held annually for the purpose of receiving the annual report, balance sheet and for the election of the Honorary Officers and the Board of Management. The Meeting shall be held between after the last day of Pesach and before the first day of Shevoot.


(2) At least twenty one days’ notice in writing shall be sent to every member specifying the place, date and time of such meeting together with a form upon which he may nominate candidates for election to the Board of Management. Such nominations and notice of any resolution which any member desires be moved at the Annual General Meeting must be delivered to the Secretary duly signed by the member not less than twelve days prior to the meeting. The Secretary shall inform every nominee of his nomination and unless such members shall within four days therefore decline nomination his name shall appear on the nomination list.


(3) Only where there are more nominations than places available on the Board, there shall be an election, whereupon voting at an election shall be by ballot, at the General Meeting it shall be the duty of the Board of Management to provide voting papers and to see that every member entitled to vote shall be furnished with a voting paper. Candidates receiving the highest number of votes shall be deemed to be elected. Two scrutineers shall be appointed by the General Meeting for the counting of the votes, such counting to be carried out by the scrutineers in the presence of the meeting and any members present may request a recount. In the event of two or more candidates polling the same number of votes, a further ballot between those having the same number shall be held forthwith in accordance with the foregoing principles to determine who shall be elected.


(4) The Board of Management or the Chairman may call such additional General Meetings at it may deem necessary. Twenty one days’ notice in writing shall be given to every member specifying the place, date and time of such meeting and of the Agenda thereof, and the resolutions to be proposed thereat. In the event of an election taking place at such General Meeting, the provisions of sub-clauses (2) and (3) of this Clause shall be adopted.


(5) The quorum for all General Meetings shall be as follows:


(a) for motions proposing any repeal, addition to, or amendment of these Rules 30 persons who are entitled to vote


(b) for any other business 20 persons who are entitled to vote


(6) At all General Meetings of the Congregation the Chairman or in his absence the Secretary or in his absence, the Treasurer shall preside. If none of these be present, then the General Meeting shall elect a Chairman from amongst themselves.


(7) Voting at General Meetings for purposes other than election shall be by show of hands or by ballot as the meeting shall decide, and in the event of an equality of votes the Chairman shall have a casting vote.


(8) Upon the receipt of a request signed by not less than two-fifths of all members entitled to vote at a General Meeting and stating the business proposed to be submitted, the Chairman or in his absence, the Secretary or in his absence the Treasurer shall within 28 days cause a General Meeting of the Members to be convened and the notice convening such meeting shall contain the names of the signatories with the nature of the business for which they desire the meeting to be held.


(9) The Chairman may, after having called any member to order for the third time at any meeting forthwith suspend the member from such meeting for disrespect or objectionable conduct to the chair, or for not conducting himself with due propriety.


12. Appointment of Trustees


The Board of Management shall have power to appoint not less than two and not more than four trustees in whom shall be vested (save as hereinafter provided) property funds deeds documents of title and securities other than cash held on current accounts. Such trustees shall be responsible at all times for the safe custody and property keeping of all property funds deeds and documents of title and securities placed in their hands and under their control and shall produce the same inspection whenever required to do so by a resolution of the Board of Management. The Board of Management shall have power to remove such trustees at will and to appoint trustees to fill any vacancy caused by death, retirement or otherwise and to appoint additional trustees, and the trustees shall have full and unrestricted powers of borrowing money upon such terms as they think fit and of charging any property of the Synagogue as security for such borrowing.


13. Auditors


The Board of Management shall appoint a firm of Chartered of Incorporated Accountants to audit the accounts. The Auditors shall audit the balance sheets and the Income and Expenditure Account as prepared under the direction of the Treasurer prior to the General Meeting and shall report on them to the Members.


14. Arrears


If a member more than nine months in arrears with subscriptions neglects or refuses to pay after notice demanding payment has been delivered at his last known place of residence, by Recorded Delivery Letter, his rights as a member including the right to vote at any meeting of the Congregation or at any Committee may at the discretion of the Board of Management be forfeited. Such forfeiture shall not relieve the defaulting member from liability of payment of such arrears. Any such person may however be re-admitted as a member on such terms and conditions as the Board of Management at their discretion may determine.


15. Marriages


No marriages shall be solemnised in connection with this Synagogue without the written authority of the Rabbi of the Congregation, the Office of the Chief Rabbi or the Office the Va-ad Harabbonim of the Federation of Synagogues. In addition to the ordinary charges, a non-member shall pay such additional fee as the Board of Management may from time determine and which shall entitle him to membership for the ensuing twelve months. The Register of Marriages solemnised in connection with the Synagogues shall be kept by the Secretary and each entry shall be countersigned by the Rabbi or Minister.


16. Performance of Religious Services


No person except an accredited official of the Congregation shall perform any part of the religious services without the sanction of the warden, or in his absence one of the Honorary Officers. An accredited Rabbi or Minister may be allowed to preach at any of the services and then only after obtaining the consent of the Rabbi or Minister and the Honorary Officers of the Synagogue.


17. Chatan Torah and Chatan Bereshit


At a meeting of the Board of Management held no later than in July, two members of the Congregation shall be selected to act, one as Chatan Torah, and the other, as Chatan Bereshit, upon the recommendation of the Wardens.


18. Queries on Religious Services


In the event of there being any doubt or dispute regarding a religious matter affecting the welfare of the Congregation such doubt or dispute shall be submitted to the Va-ad Harabbonim of the Federation of Synagogues for their view or decision which shall be final and binding on the Congregation.


19. Interpretation of Rules


The Board of Management shall be the sole authority for the interpretation of those Rules and of the byelaws and regulations made thereunder and the decision of the Board of Management upon any question of interpretation or upon any matter affecting the Congregation and not provided for by those Rules or by the byelaws and regulations made thereunder, shall be final and binding.


20. Addition to, repeal and amendment of Rules


These Rules may be added to, repealed or amended (whether or not retrospectively) by resolution at any Meeting of the Board of Management provided that no such resolution shall be deemed to have been passed unless it be carried by a majority of at least two thirds of the members voting thereon except rules which are fundamental and can never be altered.


21. Honorary Members


The Board of Management shall have power to elect Honorary Members on such terms and for such period as they may determine.


22. Dissolution


If at a General Meeting a resolution for dissolution of the Congregation shall be passed by a majority of two thirds of the members voting thereon, provided that at least two thirds of the members of the Congregation shall be present at such meeting, the Board of Management shall thereupon or at such future date as shall be specified in such resolution proceed to realise the assets of the Congregation and to dispose of same in accordance with the wishes of the meeting as specified in such resolution.


23. Save where inconsistent with the foregoing clauses (in which case this constitution shall have precedence) the Laws of the Federation of Synagogues for the time being in force shall be deemed to have been incorporated herein together with any additions or amendments thereto from time to time made.


24. Membership dues and Burial Society Contributions


Subject to recommendation by the Treasurer or other responsible officer and ratification by the Board of Management dues or arrears of dues may be reduced or waived in full or in part in certain cases.


 

Alex Watts :

It would appear 19 applies here

Alex Watts :

The Board of Management shall be the sole authority for the interpretation of those Rules and of the byelaws and regulations made thereunder and the decision of the Board of Management upon any question of interpretation or upon any matter affecting the Congregation and not provided for by those Rules or by the byelaws and regulations made thereunder, shall be final and binding.

Alex Watts :

Therefore if there is a dispute the Board decides it and their decision is final and binding

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Catch 22

Customer:

The last Board has had its final meeting.

Alex Watts :

Ok.

Alex Watts :

Then sadly you would need a Court to declare the version which it is to apply.

Alex Watts :

This could be an expensive procedure as you can imagine

Alex Watts :

But if the Board has had its final meeting then it needs a Court declaration

Alex Watts :

Does that help?

Customer:

Thank you.

Customer:

I think we can take it no further.

Customer:

Kind regards

Customer:

David A Viniker MD FRCOG

Alex Watts :

All the best David

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Customer:

Will do

Customer:

Very much appreciated

Alex Watts :

Thanks very much

Customer:

Alex

Alex Watts :

No problem

Customer:

I think I need you exit the conversation so that I can provide the "excellent service" rating - regards David

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