Club Costitution

Adopted:
24th July 2007
​Amended
6th May 2016 & 5th October 2020

PART 1

1. Adoption of the Constitution The association and its property will be administered and managed in accordance with the provisions in Parts 1 and 2 of this constitution.
2. The Name

The association’s name is: SOUTHWICK RANGERS FC
(And in this document, it is called The Charity.) Formerly known as Southwick Rangers Youth FC  
 
     2. Objects    
     The promotion of community participation in healthy recreation for the benefit of the     inhabitants of Southwick by the provision of facilities for playing football.   
   
      3. These rules (the club rules) form a binding agreement between each member of the club.
 
4. Application of the Income and Property

1. The income and property of the Charity shall be applied solely towards the promotion of the Objects.
2. A Trustee may pay out of, or be reimbursed from, the property of the Charity reasonable expenses properly incurred by him or her when acting on behalf of the Charity. (3) None of the income or property of the Charity may be paid or transferred directly or indirectly by way of dividend bonus or otherwise by way of profit to any member of the Charity. This does not prevent:

(a) a member who is not also a Trustee from receiving reasonable and proper remuneration for any goods or services supplied to the Charity; (b) A Trustee from:

1. Buying goods or services from the Charity upon the same terms as other members or members of the public.
2. Receiving a benefit from the Charity in the capacity of a beneficiary of the Charity, provided that the Trustees comply with the provisions of sub clause (6) of this clause, or as a member of the Charity and upon the same terms as other members;

(c) the purchase of indemnity insurance for the Trustees against any liability that by virtue of any rule of law would otherwise attach to a Trustee or other officer in respect of any negligence, default breach of duty or breach of trust of which he or she may be guilty in relation to the Charity but excluding:

1. Fines.
2. Costs of unsuccessfully defending criminal prosecutions for offences arising out of the fraud, dishonesty or wilful or reckless misconduct of the Trustee or other officer.

(iii)Liabilities to the Charity that result from conduct that the Trustee or other officer knew or ought to have known was not in the best interests of the Charity or in respect of which the person concerned did not care whether that conduct was in the best interests of the Charity or not.

1. A Trustee may:

1. Sell goods, services, or any interest in land to the Charity.
2. Be employed by or receive any remuneration from the Charity.
3. Receive any other financial benefit from the Charity, if:
4. He or she is not prevented from so doing by sub-clause (4) of this clause; and
5. The benefit is permitted by sub-clause (3) of this clause; or
6. The benefit is authorised by the Trustees in accordance with the conditions in subclause (6) of this clause.

(6) (A) If it is proposed that a Trustee should receive a benefit from the Charity that is not already permitted under sub-clause (3) of this clause, he or she must:

1. Declare his or her interest in the proposal.
2. Be absent from that part of any meeting at which the proposal is discussed and take no part in any discussion of it.
3. Not be counted in determining whether the meeting is quorate (iv) not vote on the proposal.

1. In cases covered by sub-clause (5) of this clause, those Trustees who do not stand to receive the proposed benefit must be satisfied that it is in the interests of the Charity to contract with or employ that Trustee rather than with someone who is not a Trustee and they must record the reason for their decision in the minutes. In reaching that decisions the Trustees must balance the advantage of contracting with or employing a Trustee against the disadvantage of doing so (especially the loss of the Trustee’s services as a result of dealing with the Trustee’s conflict of interest).
2. The Trustees may only authorise a transaction falling within paragraphs 5(a)–(c) of this clause if the Trustee body comprises the majority of Trustees who have not received any such benefit.
3. If the Trustees fail to follow this procedure, the resolution to confer a benefit upon the Trustee will be void and the Trustee must repay to the Charity the value of any  benefit received by the Trustee from the Charity.

1. A Trustee must absent himself or herself from any discussions of the Trustees in which it is possible that a conflict will arise between his or her duty to act solely in the interests of the Charity and any personal interest (including but not limited to any personal financial interest) and take no part in the voting upon the matter.
2. In this Clause 4, “Trustee” shall include any person firm or company connected with the Trustee

   5. Rules and Regulations

1. The club shall have the status of an Affiliated Member Club of The Football Association by its affiliation to / membership of The Football association.

 

1. No alteration to the club rules shall be effective without prior written approval by the Parent Association.

 

1. The club will also abide by The Football Association's Child Protection Policies and Procedures, Codes of Conduct and the Equal Opportunities and Anti-Discrimination Policy.

   
 
     6. Club teamsAt its first meeting following each AGM the Club Committee shall appoint a Club member to be responsible for each of the Club's football teams. They will be responsible for managing the affairs of the team. The appointed members shall present to the Club Committee at its last meeting prior to an AGM a written report of the activities of the team.
 
  
   
7. Dissolution

1. If the members resolve to dissolve the Charity the Trustees will remain in office as Charity Trustees and be responsible for winding up the affairs of the Charity in accordance with this clause.
2. The Trustees must collect in all the assets of the Charity and must pay or make provision for all the liabilities of the Charity.
3. The Trustees must apply any remaining property or money

1. Directly for the Objects.
2. By transfer to any Charity or charities for purposes the same as or similar to the Charity.
3. In such other manner as the Charity Commission for England and Wales (“the Commission”) may approve in writing in advance.

1. The members may pass a resolution before or at the same time as the resolution to dissolve the Charity specifying the manner in which the Trustees are to apply the remaining property or assets of the Charity and the Trustees must comply with the resolution if it is consistent with paragraphs (a)–(c) inclusive in sub-clause (3) above.
2. In no circumstances shall the net assets of the Charity be paid to or distributed among the members of the Charity (except to a member that is itself a Charity).
3. The Trustees must notify the Commission promptly that the Charity has been dissolved. If the Trustees are obliged to send the Charity’s accounts to the Commission for the accounting period which ended before its dissolution, they must send the Commission the Charity’s final accounts.

6. Amendments
(1) The Charity may amend any provision contained in Part 1 of this Constitution provided that

1. No amendment may be made that would have the effect of making the Charity cease to be a Charity at law.
2. No amendment may be made to alter the Objects if the change would not be within the reasonable contemplation of the members of or donors to the Charity.
3. No amendment may be made to clause 4 without the prior written consent of the Commission.
4. Any resolution to amend a provision of Part 1 of this constitution is passed by not less than two thirds of the members present and voting at a general meeting.

1. Any provision contained in Part 2 of this constitution may be amended, provided that any such amendment is made by resolution passed by a simple majority of the members present and voting at a general meeting.
2. A copy of any resolution amending this constitution shall be sent to the Commission within twenty-one days of it being passed.