The Cha-Am Golf Club's CONSTITUTION
(Approved 17 th January 2018)
CONTENTS
Section Subject Page
The Constitution of the Cha-Am Golf Club describes the policies, rules and procedures which govern the management of the Club and individual Members’ actions. The Constitution cannot be overridden by any Management Committee decision and can only be amended at a properly constituted General Meeting.
2. NAME OF CLUB
2.1 The name of the Club is: CHA – AM GOLF CLUB
2.2 The Club is located in Cha-Am, Phetchaburi, THAILAND.
2.3 The Club is an independent legal entity with no affiliation to any other entity.
3. PURPOSE
The Club is a golf society which strives to promote and arrange golf activities in the Cha-Am region for anyone who is interested in the game of golf, regardless of age, gender, ethnicity, skill level or experience.
4. OBJECTIVES
4.1 To be recognised as an umbrella group in the Cha - Am region which promotes and provides access to the game of golf to all residents and visitors and to strengthen the golfing community.
4.2 To establish contact with the golf courses in the region in order to negotiate reasonable economic conditions for playing on these golf courses as well as other possible benefits.
4.3. To adopt an inclusive, welcoming and friendly approach in all communications and to maintain a high level of visibility in the community.
4.4 In accordance with the wishes and needs of Members, to organise golf competitions, social events and training sessions during a Golf Season focusing on the months of November to March (inclusive).
4.5 To use the expertise of existing golf agencies and professionals in the Cha-Am region for organising events.
4.6 To enhance Members' understanding of the Rules of Golf and golf etiquette.
4.7 To ensure that a financial surplus results in the sponsoring of events for the benefit of the Members.
4.8 To assist Members who have a limited knowledge of English to understand Club communications.
5. DEFINITIONS
“Annual Calendar” (Section 26) means the dates for the Golf Season, Annual General Meeting, Financial Year and when Management Committee responsibilities begin and conclude.
“Auditor” means suitable persons appointed under Section 18.4 and 18.6 to review and report on the Club’s financial management as required;
"Committee Meeting" means a meeting referred to in Section 17;
"Committee Member" means person referred to in Section 14;
“Committee Member Elect” means a Member who has been appointed to the Management Committee at an Annual General Meeting in the period before taking over the responsibilities of the position;
“Financial Year” Means the period from 1st November until 31st October;
"General Meeting" is a meeting convened under Section 18 to which all Members are invited.
“Golf Season” means the months when the Club is active, as determined by the Management Committee;
"Member" means Member of the Club;
"Poll" means voting conducted in written form (as opposed to a show of hands);
"Proxy vote" is a written instruction from an absent Member to another member (proxy-holder) stating how the absent Member wishes to vote or to give the proxy-holder the authority to vote on their behalf;
"Special Resolution" means a resolution passed by a majority of not less than two thirds of the Members of the Club who are entitled under the rules of the Club to vote in person or by proxy at a General Meeting;
"The Club" means the Club referred to in Section 2;
"The Committee" means the Management Committee of the Club referred to in Section 14;
"The President" means the President referred to in Section 14;
"The Captain" means the Captain referred to in Section 14;
"The Secretary" means the Secretary referred to in Section 14;
"The Treasurer" means the Treasurer referred to in Section 14.
6. POWERS OF THE CLUB
6.1 In compliance with the Constitution; the Club may do all things necessary or convenient for carrying out the purposes, and objectives in particular, may: acquire, hold, deal with, and dispose of any real or personal property; open and operate bank accounts; enter into any other contract it considers necessary or desirable; and to accept and hold real and personal property upon trust.
6.2 The Club has a Golf Season when most events and other activities are conducted. The Season is usually, but not limited to, the months of November to March (inclusive).
7. PRIVACY POLICY
7.1 The Club will only record Member’s data that is necessary or convenient for carrying out the purposes and objectives of the Club; including names, genders, nationalities, addresses, email addresses, phone numbers and handicaps.
7.2 In becoming a Member, consent is given to use this information to carry out the purposes and objectives of the Club.
7.3 The Club will take all reasonable precautions to keep Member’s personal information secure and to maintain the confidentiality of Members. Such information cannot be released without a Member’s consent.
7.4 If a Member has questions, comments or concerns about how the Club manages their personal information, the Member may contact the Management Committee. This request will be discussed during a Committee meeting and a response made in writing to the Member.
7.5 Every member has a right to:
(a) Receive a copy of the personal information which the Club holds about the Member.
(b) Have corrected, updated or deleted their personal information in the Club records.
(c) Report any misuse of their personal information.
8. MEMBERSHIP
8.1 Membership of the Club is open to anyone regardless of skill level, gender, age, religion or nationality who is willing to abide by the Club Constitution. All Memberships are for one year's duration.
8.2 Applications must be in writing and signed by both the applicant and a Committee Member. In special circumstances the Management Committee may reject an application if the applicant is considered unsuitable and advise the applicant in writing. If the applicant has previous Golf Club Memberships and/or handicaps this must be declared by applicants.
8.3 VIP Memberships
In the interests of the Club, a person may be declared by the Management Committee to be a VIP Member. This will be noted on the Members’ Register and reviewed annually. A VIP Member is not required to pay Membership fees but must pay event fees if so determined by the Management Committee.
8.4 Register of Members
The Treasurer must keep and maintain an up to date register of the Members of the Club including their local location/address, phone numbers and email address.
9. ETIQUETTE AND MEMBER RESPONSIBILITIES
9.1 All Club Members are required to abide by the Club Constitution and decisions made by Management Committee Members in carrying out their responsibilities.
9.2 Members will show respect to others on and off the Course, respect the etiquette of the game, learn and abide by the Rules of Golf and follow any Local Rules or the requirements of any Club event.
10. FINANCIAL MANAGEMENT
10.1 The Club Financial Year is from 1st November until 31st October.
10.2 The main operating bank account must require more than one signatory.
10.3 Unless designated as Charity Funding, property and income of the Club (Club funds), will be applied solely towards Club activities and will not be paid or otherwise distributed, directly or indirectly, to Members, except in the promotion of the Club.
10.4 Income and property may be raised and distributed for Charity Funding. Charity Funds raised for a specific charity or decided by a General Meeting can only be applied to that charity unless changed by a General Meeting.
10.5 Financial reports will be available whenever required by the Management Committee and must be provided at Annual General Meetings.
10.6 Financial records will be made available to Members when requested in writing and within a reasonable time period.
10.7 Management Committee Members may, because of services rendered or costs incurred receive:
(a) A discount for the cost of Club activities or Club Membership.
(b) Payment for costs incurred.
(c) All discounts and payments must be approved at a Management Committee Meeting and described in financial reports to a General Meeting.
11. MEMBERSHIP FEES
The annual Membership Fee is THB 1,000. The fee can only be altered at a General Meeting. The fee is payable on joining or renewing Membership. A person exercises all the rights and obligations of a Member if his or her Membership Fee is paid on or before the relevant date or such other time as the Committee allows.
12. TERMINATION OF MEMBERSHIP
Membership of the Club may be terminated upon-
12.1 Receipt by the Secretary or another Committee Member of a notice in writing from a Member of his or her resignation from the Club.
12.2 Non-payment by a Member of his or her Membership Fee when required unless the Committee decides otherwise;
12.3 Expulsion of a Member in accordance with Section 13.
13. SUSPENSION OR EXPULSION OF MEMBERS
13.1 If the Committee considers that a Member should be suspended or expelled from Membership of the Club because his or her conduct is detrimental to the interests of the Club, the Committee must communicate, either orally or in writing, to the Member-
(a) Notice of the proposed suspension or expulsion and of the time, date and place of the Committee Meeting at which the question of that suspension or expulsion will be decided; and
(b) Particulars of that conduct, not less than 21 days before the date of the Committee Meeting
(c) At the Committee Meeting the Committee may, having afforded the Member concerned a reasonable opportunity to be heard by, or to make representations in writing to the Committee, suspend or expel or decline to suspend or expel that Member from Membership of the Club and must, forthwith after deciding whether or not to suspend or expel that Member, communicate that decision in writing to that Member.
(d) A Member who is suspended or expelled must, if he or she wishes to appeal against that suspension or expulsion, give notice to the Secretary of his or her intention to do so within a period of 14 days. The appeal must be heard and considered by Members at a General Meeting convened to consider the appeal. The decision of the General Meeting is the final determination of the suspension or expulsion. The Member must be given a reasonable opportunity to be heard by, or to make representations in writing to, the Club in the General Meeting.
(e) A person whose Membership is suspended or expelled is ineligible to vote or participate in any Club event including as a visitor.
13.2 Immediate Suspension
In exceptional circumstances a Member may be suspended immediately. If all the Committee Members present at the time of the incident (at least 3) consider that a Member's behaviour is serious enough to cause significant detriment to the Club or to particular Members of the Club, suspension can apply without delay.
This decision must be communicated to the Member as soon as practically possible and then the process described in this Section implemented. An immediate suspension particularly relates to incidents of abusive, violent or illegal behaviour.
14. MANAGEMENT COMMITTEE COMPOSITION
14.1 The affairs of the Club will be managed by Members forming a Management Committee consisting of-
(a) A President;
(b) A Captain;
(c) A Secretary
(d) A Treasurer; and
(e) One (1) other Member.
14.2 Committee members must be elected at an Annual General Meeting or if more than one vacancy occurs prior to the Annual General Meeting a Member may be appointed by the Committee until the next Annual General Meeting.
An elected Committee member's term commences on 1st April after his or her election at an Annual General Meeting for a period of two years. All Committee Members are eligible for re-election to the Management Committee.
14.3 (Section 26 refers)
(a) Responsibilities for each Golf Season falls to the Management Committee elected at the AGM prior to the Season commencing.
(b) An elected Committee Member is a ‘Committee Member Elect’ from his or her election at an Annual General Meeting until 1st April when the Member elect assumes the full responsibilities of the position.
14.2 A Member is first appointed as a Committee Member. The positions within the Management Committee described in Section 14.1 are then elected at a Committee Meeting from those appointed Committee Members.
14.3 A person is not eligible for election to membership of the Management Committee unless a Member has nominated him or her for election by delivering notice in writing of that nomination to the Secretary not less than 14 days before the day on which the Annual General Meeting concerned is to be held. The notice is signed by-
(a) The nominator; and
(b) The nominee to signify his or her willingness to stand for election,
14.4 A person who is eligible for election or re-election under this rule may -
(a) Propose or second himself or herself for election or re-election; and
(b) Vote for himself or herself.
14.5 If the number of persons nominated for election to membership of the Management Committee does not exceed the number of vacancies to be filled-
(a) The Secretary must report accordingly to the Chairman and
(b) The Chairperson must declare those persons to be duly elected.
14.6 If vacancies remain on the Management Committee after nominations are considered additional nominations with a seconder may be accepted from the floor of the Annual General Meeting.
If such nominations from the floor do not exceed the number of vacancies the Chairperson must declare those persons to be duly elected as Members of the Management Committee. Where the number of nominations from the floor exceeds the remaining number of vacancies on the Management Committee, elections for those positions must be conducted.
14.7 If a vacancy remains on the Management Committee after all nominations are considered at the Annual General Meeting the Committee may appoint a Member at a later date to fill that vacancy until the next Annual General Meeting.
15. MANAGEMENT COMMITTEE RESPONSIBILITIES
The responsibilities and authority of Committee Members cannot override the Constitution.
15.1 The President
The President is responsible for the overall good management of the Club in accordance with the Constitution. This includes convening and Chairing meetings, introducing policy direction and speaking on behalf of the Club as required. The President presents a Management Committee Report to the Annual General Meeting.
15.2 The Captain
The Captain is responsible for managing or delegating the management of golfing events. This includes managing a calendar of events, the format of events, providing Local Rules and issues related to the Rules of Golf and player's etiquette. The position ensures that the results of golfing competitions are compiled and announcements about those results are made.
15.3 The Treasurer
The Treasurer is responsible for the management of the Club's finances including Membership fees, event payments and asset control. The position must provide receipts, financial statements and reports, budget presentations and other financial details required by the Management Committee, the Club Auditors and General Meetings. The Treasurer controls bank accounts in accordance with the Management Committee's requirements and maintains a Member's Register.
15.4 The Secretary
The Secretary is responsible for communications between the Management Committee and others including Members. This includes the management of correspondence to and from the Club, invitations and other notices to Members as required by the Management Committee. The Secretary compiles and distributes the minutes of meetings.
15.5 Special Responsibilities
Special responsibilities may be delegated to a Committee Member including managing the Club’s website, Facebook page and other internet requirements. Members may also agree to join sub-committees or be delegated special responsibilities by the Committee. The Committee may seek the assistance of non-Members when required.
16. CASUAL VACANCIES IN THE MANAGEMENT COMMITTEE
A casual vacancy occurs and a Management Committee position becomes vacant if a Committee Member-
(a) Dies;
(b) Resigns by notice to the President or, if the Committee member is the President, to the Captain;
(c) Is permanently incapacitated by mental or physical ill-health
(d) Is absent without tendering prior notice or an apology to the person presiding at each of those Committee meetings from more than-
(i) 3 consecutive Committee meetings; or
(ii) 3 Committee meetings in the same financial year
(e) Ceases to be a Member of the Club; or
(f) Is the subject of a resolution passed by a General Meeting of Members terminating his or her appointment as a Committee Member.
17. PROCEEDINGS OF MANAGEMENT COMMITTEE MEETINGS
The Committee must meet together for the dispatch of business not less than ten times in each year. The President, or at least half the members of the Committee, may at any time convene a meeting of the Committee.
The President assumes the role of Chairperson and presides at all General Meetings and Management Committee Meetings. If the President is absent from the meeting the Captain assumes the Chair. If both the President and Captain are absent a Committee Member elected assumes the Chair.
Each Committee Member has a deliberative vote. A question arising at a Committee meeting must be decided by a majority of votes. If there is no majority, the person presiding at the Committee Meeting will have a casting vote in addition to his or her deliberative vote.
At a Committee Meeting four (4) Committee Members constitute a quorum. The procedure and order of business to be followed at a Committee Meeting must be determined by the Committee Members present at the meeting.
17.1 A Committee Member having any direct or indirect pecuniary interest in a contract, or proposed contract, made by, or in the contemplation of, the Committee must: as soon as he or she becomes aware of that interest, disclose the nature and extent of his or her interest to the Committee; and not take part in any vote of the Committee with respect to that contract.
The Secretary must cause every such disclosure made by a Member of the Committee to be recorded in the minutes of the meeting of the Committee at which it is made.
18. CONVENING GENERAL MEETINGS
18.1 The Management Committee-
(a) Must convene an Annual General Meeting in February each year.
(b) May at any time convene a General Meeting.
(c) Must, within 14 days of receiving a request in writing from not less than 25% of financial members, convene a General Meeting. The Members must state the purpose and sign the request.
18.2 The Secretary must give to all members not less than 30 days' notice of all General Meetings specifying -
(a) When and where the General Meeting is to be held;
(b) An agenda for the Meeting including recognition of a quorum, election of vote counters (2), any business or proposals requiring consideration by the Club.
18.3 The agenda for an Annual General Meetings will also include -
(a) Consideration of the accounts and reports of the Committee.
Reports will include a Financial Report presented by the Treasurer, the Auditors’ Report and the Management Committee Report presented by the President. The Management Committee Report will include Club achievements, issues, significant communications and the Management Committee’s position on any proposals being considered.
(b) Election of Committee members to replace outgoing Committee members; and two auditors if required
(c) Time for a general discussion to allow members to make suggestions, comment on Club activities or any other matter affecting Members. Such discussion is not binding on the Management Committee unless the subject of a vote related to a proposal with notice given as per Section 18.5.
18.4 Two Auditors are elected at a General Meeting for two years to audit and approve the annual financial accounts.
18.5 A report is then provided by the Auditors to each Annual General Meeting. Management Committee Members cannot be appointed as Auditors.
18.6 If an appointed Auditor is unable to complete these duties or resigns prior to the Annual General Meeting; the Management Committee may appoint an interim auditor until the next General Meeting.
18.5 Proposals for consideration of a General Meeting must be provided to the Committee in writing at least 14 days before the Meeting. A revised agenda including all reports and proposals shall be released to Members at least 7 days before the Meeting. Such proposals cannot be amended at a General Meeting.
19. QUORUM AND PROCEEDINGS AT GENERAL MEETINGS
19.1 At a General Meeting 15% of Members present in person constitute a quorum. A Member may have up to 5 proxy votes which must be in writing including a printed copy of an email.
19.2 If within 30 minutes after the time specified for the holding of a General Meeting a quorum is not present, the General Meeting stands adjourned. If possible this should be at the same time, on the same day in the following week and at the same venue.
19.3 If within 30 minutes of the time appointed for the resumption of an adjourned General Meeting a quorum is not present, the Members who are present in person or by proxy may nevertheless proceed with the business of that General Meeting as if a quorum were present.
19.4 The Chairperson may and if so directed by such a General Meeting must adjourn that General Meeting to another place and time.
19.5 There must not be transacted at an adjourned General Meeting any business other than business left unfinished or on the agenda at the time when the General Meeting was adjourned.
19.6 When a General Meeting is adjourned for a period of 30 days or more, the Secretary must give notice of the adjourned General Meeting as if that General Meeting were a fresh General Meeting.
20. MINUTES OF MEETINGS
20.1 The Secretary must cause proper minutes of all proceedings of all General Meetings and Management Committee Meetings to be taken then recorded and distributed within 30 days after the holding of each General Meeting or Committee Meeting.
20.2 The Chairperson must ensure that the minutes taken of a General Meeting or Management Committee Meeting are checked and correct.
20.3 When minutes have been entered until the contrary is proved, they are evidence that-
(a) The General Meeting or Committee Meeting to which they relate was duly convened and held;
(b) All proceedings recorded as having taken place at the meeting did in fact take place at the meeting;
(c) All appointments or elections purporting to have been made at the meeting have been validly made.
21. VOTING RIGHTS OF MEMBERS
Each Member present in person or by proxy at a General Meeting is entitled to a deliberative vote. A Member may appoint in writing another Member to be the proxy of the appointing Member and to attend, and vote on their behalf at a General Meeting.
22. INSPECTION OF RECORDS
A Member may at any reasonable time inspect the accounts, documents, records and securities of the Club. Member inspecting these records must abide by the Privacy Policy described in Section 7.
23. DISSOLUTION OF THE CLUB
23.1 Dissolution of the Club shall be decided at a General Meeting and must be decided by no less than a majority of 80% of the Members present and by proxy.
23.2 Upon dissolution, any assets of the Club shall be donated to a charity or not for profit group for the benefit of the Cha-Am community as proposed and agreed to at a General Meeting.
24. CONSTITUTIONAL AMENDMENTS
24.1 The Club’s Constitution was rewritten with substantial changes to the previous Constitution and adopted at the January 2018 AGM. The Policies and Procedures document previously adopted by the Club were discontinued with relevant sections then included in the Constitution.
24.2 At the Annual General Meeting held on 8th February 2019 a proposal to remove Section 11.2 of the constitution was accepted. This referred to the payment of nomination fees as follows: 11.2 Nomination Fees: A new Member; or previous Member who has been unfinancial for a period exceeding one year, is required to pay a nomination fee of THB 500 in addition to the Membership Fee.
25. DATE THIS CONSTITUTION COMMENCED
This Constitution was adopted at the Annual General Meeting of 8th February 2019.
26. ANNUAL CALENDAR The dates of the Golf Season may be varied by the Management Committee without amending this Constitution.
CONTENTS
Section Subject Page
- INTRODUCTION 3
- NAME OF CLUB 3
- PURPOSE 3
- OBJECTIVES 3
- DEFINITIONS 3
- POWERS OF THE CLUB 4
- PRIVACY POLICY 4
- MEMBERSHIPS 4
- ETIQUETTE AND MEMBER RESPONSIBILITIES 5
- FINANCIAL MANAGEMENT 5
- MEMBERSHIP FEES 5
- TERMINATION OF MEMBERSHIP 5
- SUSPENSION OR EXPULSION OF MEMBERS 5
- MANAGEMENT COMMITTEE COMPOSITION 6
- MANAGEMENT COMMITTEE RESPONSIBILITIES 7
- CASUAL VACANCIES IN THE MANAGEMENT COMMITTEE 7
- PROCEEDINGS OF MANAGEMENT COMMITTEE MEETINGS 8
- CONVENING GENERAL MEETINGS 8
- QUORUM AND PROCEEDINGS AT GENERAL MEETINGS 9
- MINUTES OF MEETINGS 9
- VOTING RIGHTS OF MEMBERS 9
- INSPECTION OF RECORDS 9
- DISSOLUTION OF THE CLUB 9
- CONSTITUTIONAL AMENDMENTS 10
- DATE THIS CONSTITUTION COMMENCED 10
- ANNUAL CALENDAR 10
The Constitution of the Cha-Am Golf Club describes the policies, rules and procedures which govern the management of the Club and individual Members’ actions. The Constitution cannot be overridden by any Management Committee decision and can only be amended at a properly constituted General Meeting.
2. NAME OF CLUB
2.1 The name of the Club is: CHA – AM GOLF CLUB
2.2 The Club is located in Cha-Am, Phetchaburi, THAILAND.
2.3 The Club is an independent legal entity with no affiliation to any other entity.
3. PURPOSE
The Club is a golf society which strives to promote and arrange golf activities in the Cha-Am region for anyone who is interested in the game of golf, regardless of age, gender, ethnicity, skill level or experience.
4. OBJECTIVES
4.1 To be recognised as an umbrella group in the Cha - Am region which promotes and provides access to the game of golf to all residents and visitors and to strengthen the golfing community.
4.2 To establish contact with the golf courses in the region in order to negotiate reasonable economic conditions for playing on these golf courses as well as other possible benefits.
4.3. To adopt an inclusive, welcoming and friendly approach in all communications and to maintain a high level of visibility in the community.
4.4 In accordance with the wishes and needs of Members, to organise golf competitions, social events and training sessions during a Golf Season focusing on the months of November to March (inclusive).
4.5 To use the expertise of existing golf agencies and professionals in the Cha-Am region for organising events.
4.6 To enhance Members' understanding of the Rules of Golf and golf etiquette.
4.7 To ensure that a financial surplus results in the sponsoring of events for the benefit of the Members.
4.8 To assist Members who have a limited knowledge of English to understand Club communications.
5. DEFINITIONS
“Annual Calendar” (Section 26) means the dates for the Golf Season, Annual General Meeting, Financial Year and when Management Committee responsibilities begin and conclude.
“Auditor” means suitable persons appointed under Section 18.4 and 18.6 to review and report on the Club’s financial management as required;
"Committee Meeting" means a meeting referred to in Section 17;
"Committee Member" means person referred to in Section 14;
“Committee Member Elect” means a Member who has been appointed to the Management Committee at an Annual General Meeting in the period before taking over the responsibilities of the position;
“Financial Year” Means the period from 1st November until 31st October;
"General Meeting" is a meeting convened under Section 18 to which all Members are invited.
“Golf Season” means the months when the Club is active, as determined by the Management Committee;
"Member" means Member of the Club;
"Poll" means voting conducted in written form (as opposed to a show of hands);
"Proxy vote" is a written instruction from an absent Member to another member (proxy-holder) stating how the absent Member wishes to vote or to give the proxy-holder the authority to vote on their behalf;
"Special Resolution" means a resolution passed by a majority of not less than two thirds of the Members of the Club who are entitled under the rules of the Club to vote in person or by proxy at a General Meeting;
"The Club" means the Club referred to in Section 2;
"The Committee" means the Management Committee of the Club referred to in Section 14;
"The President" means the President referred to in Section 14;
"The Captain" means the Captain referred to in Section 14;
"The Secretary" means the Secretary referred to in Section 14;
"The Treasurer" means the Treasurer referred to in Section 14.
6. POWERS OF THE CLUB
6.1 In compliance with the Constitution; the Club may do all things necessary or convenient for carrying out the purposes, and objectives in particular, may: acquire, hold, deal with, and dispose of any real or personal property; open and operate bank accounts; enter into any other contract it considers necessary or desirable; and to accept and hold real and personal property upon trust.
6.2 The Club has a Golf Season when most events and other activities are conducted. The Season is usually, but not limited to, the months of November to March (inclusive).
7. PRIVACY POLICY
7.1 The Club will only record Member’s data that is necessary or convenient for carrying out the purposes and objectives of the Club; including names, genders, nationalities, addresses, email addresses, phone numbers and handicaps.
7.2 In becoming a Member, consent is given to use this information to carry out the purposes and objectives of the Club.
7.3 The Club will take all reasonable precautions to keep Member’s personal information secure and to maintain the confidentiality of Members. Such information cannot be released without a Member’s consent.
7.4 If a Member has questions, comments or concerns about how the Club manages their personal information, the Member may contact the Management Committee. This request will be discussed during a Committee meeting and a response made in writing to the Member.
7.5 Every member has a right to:
(a) Receive a copy of the personal information which the Club holds about the Member.
(b) Have corrected, updated or deleted their personal information in the Club records.
(c) Report any misuse of their personal information.
8. MEMBERSHIP
8.1 Membership of the Club is open to anyone regardless of skill level, gender, age, religion or nationality who is willing to abide by the Club Constitution. All Memberships are for one year's duration.
8.2 Applications must be in writing and signed by both the applicant and a Committee Member. In special circumstances the Management Committee may reject an application if the applicant is considered unsuitable and advise the applicant in writing. If the applicant has previous Golf Club Memberships and/or handicaps this must be declared by applicants.
8.3 VIP Memberships
In the interests of the Club, a person may be declared by the Management Committee to be a VIP Member. This will be noted on the Members’ Register and reviewed annually. A VIP Member is not required to pay Membership fees but must pay event fees if so determined by the Management Committee.
8.4 Register of Members
The Treasurer must keep and maintain an up to date register of the Members of the Club including their local location/address, phone numbers and email address.
9. ETIQUETTE AND MEMBER RESPONSIBILITIES
9.1 All Club Members are required to abide by the Club Constitution and decisions made by Management Committee Members in carrying out their responsibilities.
9.2 Members will show respect to others on and off the Course, respect the etiquette of the game, learn and abide by the Rules of Golf and follow any Local Rules or the requirements of any Club event.
10. FINANCIAL MANAGEMENT
10.1 The Club Financial Year is from 1st November until 31st October.
10.2 The main operating bank account must require more than one signatory.
10.3 Unless designated as Charity Funding, property and income of the Club (Club funds), will be applied solely towards Club activities and will not be paid or otherwise distributed, directly or indirectly, to Members, except in the promotion of the Club.
10.4 Income and property may be raised and distributed for Charity Funding. Charity Funds raised for a specific charity or decided by a General Meeting can only be applied to that charity unless changed by a General Meeting.
10.5 Financial reports will be available whenever required by the Management Committee and must be provided at Annual General Meetings.
10.6 Financial records will be made available to Members when requested in writing and within a reasonable time period.
10.7 Management Committee Members may, because of services rendered or costs incurred receive:
(a) A discount for the cost of Club activities or Club Membership.
(b) Payment for costs incurred.
(c) All discounts and payments must be approved at a Management Committee Meeting and described in financial reports to a General Meeting.
11. MEMBERSHIP FEES
The annual Membership Fee is THB 1,000. The fee can only be altered at a General Meeting. The fee is payable on joining or renewing Membership. A person exercises all the rights and obligations of a Member if his or her Membership Fee is paid on or before the relevant date or such other time as the Committee allows.
12. TERMINATION OF MEMBERSHIP
Membership of the Club may be terminated upon-
12.1 Receipt by the Secretary or another Committee Member of a notice in writing from a Member of his or her resignation from the Club.
12.2 Non-payment by a Member of his or her Membership Fee when required unless the Committee decides otherwise;
12.3 Expulsion of a Member in accordance with Section 13.
13. SUSPENSION OR EXPULSION OF MEMBERS
13.1 If the Committee considers that a Member should be suspended or expelled from Membership of the Club because his or her conduct is detrimental to the interests of the Club, the Committee must communicate, either orally or in writing, to the Member-
(a) Notice of the proposed suspension or expulsion and of the time, date and place of the Committee Meeting at which the question of that suspension or expulsion will be decided; and
(b) Particulars of that conduct, not less than 21 days before the date of the Committee Meeting
(c) At the Committee Meeting the Committee may, having afforded the Member concerned a reasonable opportunity to be heard by, or to make representations in writing to the Committee, suspend or expel or decline to suspend or expel that Member from Membership of the Club and must, forthwith after deciding whether or not to suspend or expel that Member, communicate that decision in writing to that Member.
(d) A Member who is suspended or expelled must, if he or she wishes to appeal against that suspension or expulsion, give notice to the Secretary of his or her intention to do so within a period of 14 days. The appeal must be heard and considered by Members at a General Meeting convened to consider the appeal. The decision of the General Meeting is the final determination of the suspension or expulsion. The Member must be given a reasonable opportunity to be heard by, or to make representations in writing to, the Club in the General Meeting.
(e) A person whose Membership is suspended or expelled is ineligible to vote or participate in any Club event including as a visitor.
13.2 Immediate Suspension
In exceptional circumstances a Member may be suspended immediately. If all the Committee Members present at the time of the incident (at least 3) consider that a Member's behaviour is serious enough to cause significant detriment to the Club or to particular Members of the Club, suspension can apply without delay.
This decision must be communicated to the Member as soon as practically possible and then the process described in this Section implemented. An immediate suspension particularly relates to incidents of abusive, violent or illegal behaviour.
14. MANAGEMENT COMMITTEE COMPOSITION
14.1 The affairs of the Club will be managed by Members forming a Management Committee consisting of-
(a) A President;
(b) A Captain;
(c) A Secretary
(d) A Treasurer; and
(e) One (1) other Member.
14.2 Committee members must be elected at an Annual General Meeting or if more than one vacancy occurs prior to the Annual General Meeting a Member may be appointed by the Committee until the next Annual General Meeting.
An elected Committee member's term commences on 1st April after his or her election at an Annual General Meeting for a period of two years. All Committee Members are eligible for re-election to the Management Committee.
14.3 (Section 26 refers)
(a) Responsibilities for each Golf Season falls to the Management Committee elected at the AGM prior to the Season commencing.
(b) An elected Committee Member is a ‘Committee Member Elect’ from his or her election at an Annual General Meeting until 1st April when the Member elect assumes the full responsibilities of the position.
14.2 A Member is first appointed as a Committee Member. The positions within the Management Committee described in Section 14.1 are then elected at a Committee Meeting from those appointed Committee Members.
14.3 A person is not eligible for election to membership of the Management Committee unless a Member has nominated him or her for election by delivering notice in writing of that nomination to the Secretary not less than 14 days before the day on which the Annual General Meeting concerned is to be held. The notice is signed by-
(a) The nominator; and
(b) The nominee to signify his or her willingness to stand for election,
14.4 A person who is eligible for election or re-election under this rule may -
(a) Propose or second himself or herself for election or re-election; and
(b) Vote for himself or herself.
14.5 If the number of persons nominated for election to membership of the Management Committee does not exceed the number of vacancies to be filled-
(a) The Secretary must report accordingly to the Chairman and
(b) The Chairperson must declare those persons to be duly elected.
14.6 If vacancies remain on the Management Committee after nominations are considered additional nominations with a seconder may be accepted from the floor of the Annual General Meeting.
If such nominations from the floor do not exceed the number of vacancies the Chairperson must declare those persons to be duly elected as Members of the Management Committee. Where the number of nominations from the floor exceeds the remaining number of vacancies on the Management Committee, elections for those positions must be conducted.
14.7 If a vacancy remains on the Management Committee after all nominations are considered at the Annual General Meeting the Committee may appoint a Member at a later date to fill that vacancy until the next Annual General Meeting.
15. MANAGEMENT COMMITTEE RESPONSIBILITIES
The responsibilities and authority of Committee Members cannot override the Constitution.
15.1 The President
The President is responsible for the overall good management of the Club in accordance with the Constitution. This includes convening and Chairing meetings, introducing policy direction and speaking on behalf of the Club as required. The President presents a Management Committee Report to the Annual General Meeting.
15.2 The Captain
The Captain is responsible for managing or delegating the management of golfing events. This includes managing a calendar of events, the format of events, providing Local Rules and issues related to the Rules of Golf and player's etiquette. The position ensures that the results of golfing competitions are compiled and announcements about those results are made.
15.3 The Treasurer
The Treasurer is responsible for the management of the Club's finances including Membership fees, event payments and asset control. The position must provide receipts, financial statements and reports, budget presentations and other financial details required by the Management Committee, the Club Auditors and General Meetings. The Treasurer controls bank accounts in accordance with the Management Committee's requirements and maintains a Member's Register.
15.4 The Secretary
The Secretary is responsible for communications between the Management Committee and others including Members. This includes the management of correspondence to and from the Club, invitations and other notices to Members as required by the Management Committee. The Secretary compiles and distributes the minutes of meetings.
15.5 Special Responsibilities
Special responsibilities may be delegated to a Committee Member including managing the Club’s website, Facebook page and other internet requirements. Members may also agree to join sub-committees or be delegated special responsibilities by the Committee. The Committee may seek the assistance of non-Members when required.
16. CASUAL VACANCIES IN THE MANAGEMENT COMMITTEE
A casual vacancy occurs and a Management Committee position becomes vacant if a Committee Member-
(a) Dies;
(b) Resigns by notice to the President or, if the Committee member is the President, to the Captain;
(c) Is permanently incapacitated by mental or physical ill-health
(d) Is absent without tendering prior notice or an apology to the person presiding at each of those Committee meetings from more than-
(i) 3 consecutive Committee meetings; or
(ii) 3 Committee meetings in the same financial year
(e) Ceases to be a Member of the Club; or
(f) Is the subject of a resolution passed by a General Meeting of Members terminating his or her appointment as a Committee Member.
17. PROCEEDINGS OF MANAGEMENT COMMITTEE MEETINGS
The Committee must meet together for the dispatch of business not less than ten times in each year. The President, or at least half the members of the Committee, may at any time convene a meeting of the Committee.
The President assumes the role of Chairperson and presides at all General Meetings and Management Committee Meetings. If the President is absent from the meeting the Captain assumes the Chair. If both the President and Captain are absent a Committee Member elected assumes the Chair.
Each Committee Member has a deliberative vote. A question arising at a Committee meeting must be decided by a majority of votes. If there is no majority, the person presiding at the Committee Meeting will have a casting vote in addition to his or her deliberative vote.
At a Committee Meeting four (4) Committee Members constitute a quorum. The procedure and order of business to be followed at a Committee Meeting must be determined by the Committee Members present at the meeting.
17.1 A Committee Member having any direct or indirect pecuniary interest in a contract, or proposed contract, made by, or in the contemplation of, the Committee must: as soon as he or she becomes aware of that interest, disclose the nature and extent of his or her interest to the Committee; and not take part in any vote of the Committee with respect to that contract.
The Secretary must cause every such disclosure made by a Member of the Committee to be recorded in the minutes of the meeting of the Committee at which it is made.
18. CONVENING GENERAL MEETINGS
18.1 The Management Committee-
(a) Must convene an Annual General Meeting in February each year.
(b) May at any time convene a General Meeting.
(c) Must, within 14 days of receiving a request in writing from not less than 25% of financial members, convene a General Meeting. The Members must state the purpose and sign the request.
18.2 The Secretary must give to all members not less than 30 days' notice of all General Meetings specifying -
(a) When and where the General Meeting is to be held;
(b) An agenda for the Meeting including recognition of a quorum, election of vote counters (2), any business or proposals requiring consideration by the Club.
18.3 The agenda for an Annual General Meetings will also include -
(a) Consideration of the accounts and reports of the Committee.
Reports will include a Financial Report presented by the Treasurer, the Auditors’ Report and the Management Committee Report presented by the President. The Management Committee Report will include Club achievements, issues, significant communications and the Management Committee’s position on any proposals being considered.
(b) Election of Committee members to replace outgoing Committee members; and two auditors if required
(c) Time for a general discussion to allow members to make suggestions, comment on Club activities or any other matter affecting Members. Such discussion is not binding on the Management Committee unless the subject of a vote related to a proposal with notice given as per Section 18.5.
18.4 Two Auditors are elected at a General Meeting for two years to audit and approve the annual financial accounts.
18.5 A report is then provided by the Auditors to each Annual General Meeting. Management Committee Members cannot be appointed as Auditors.
18.6 If an appointed Auditor is unable to complete these duties or resigns prior to the Annual General Meeting; the Management Committee may appoint an interim auditor until the next General Meeting.
18.5 Proposals for consideration of a General Meeting must be provided to the Committee in writing at least 14 days before the Meeting. A revised agenda including all reports and proposals shall be released to Members at least 7 days before the Meeting. Such proposals cannot be amended at a General Meeting.
19. QUORUM AND PROCEEDINGS AT GENERAL MEETINGS
19.1 At a General Meeting 15% of Members present in person constitute a quorum. A Member may have up to 5 proxy votes which must be in writing including a printed copy of an email.
19.2 If within 30 minutes after the time specified for the holding of a General Meeting a quorum is not present, the General Meeting stands adjourned. If possible this should be at the same time, on the same day in the following week and at the same venue.
19.3 If within 30 minutes of the time appointed for the resumption of an adjourned General Meeting a quorum is not present, the Members who are present in person or by proxy may nevertheless proceed with the business of that General Meeting as if a quorum were present.
19.4 The Chairperson may and if so directed by such a General Meeting must adjourn that General Meeting to another place and time.
19.5 There must not be transacted at an adjourned General Meeting any business other than business left unfinished or on the agenda at the time when the General Meeting was adjourned.
19.6 When a General Meeting is adjourned for a period of 30 days or more, the Secretary must give notice of the adjourned General Meeting as if that General Meeting were a fresh General Meeting.
20. MINUTES OF MEETINGS
20.1 The Secretary must cause proper minutes of all proceedings of all General Meetings and Management Committee Meetings to be taken then recorded and distributed within 30 days after the holding of each General Meeting or Committee Meeting.
20.2 The Chairperson must ensure that the minutes taken of a General Meeting or Management Committee Meeting are checked and correct.
20.3 When minutes have been entered until the contrary is proved, they are evidence that-
(a) The General Meeting or Committee Meeting to which they relate was duly convened and held;
(b) All proceedings recorded as having taken place at the meeting did in fact take place at the meeting;
(c) All appointments or elections purporting to have been made at the meeting have been validly made.
21. VOTING RIGHTS OF MEMBERS
Each Member present in person or by proxy at a General Meeting is entitled to a deliberative vote. A Member may appoint in writing another Member to be the proxy of the appointing Member and to attend, and vote on their behalf at a General Meeting.
22. INSPECTION OF RECORDS
A Member may at any reasonable time inspect the accounts, documents, records and securities of the Club. Member inspecting these records must abide by the Privacy Policy described in Section 7.
23. DISSOLUTION OF THE CLUB
23.1 Dissolution of the Club shall be decided at a General Meeting and must be decided by no less than a majority of 80% of the Members present and by proxy.
23.2 Upon dissolution, any assets of the Club shall be donated to a charity or not for profit group for the benefit of the Cha-Am community as proposed and agreed to at a General Meeting.
24. CONSTITUTIONAL AMENDMENTS
24.1 The Club’s Constitution was rewritten with substantial changes to the previous Constitution and adopted at the January 2018 AGM. The Policies and Procedures document previously adopted by the Club were discontinued with relevant sections then included in the Constitution.
24.2 At the Annual General Meeting held on 8th February 2019 a proposal to remove Section 11.2 of the constitution was accepted. This referred to the payment of nomination fees as follows: 11.2 Nomination Fees: A new Member; or previous Member who has been unfinancial for a period exceeding one year, is required to pay a nomination fee of THB 500 in addition to the Membership Fee.
25. DATE THIS CONSTITUTION COMMENCED
This Constitution was adopted at the Annual General Meeting of 8th February 2019.
26. ANNUAL CALENDAR The dates of the Golf Season may be varied by the Management Committee without amending this Constitution.
