Monday , 16 October 2017

Club Rules

RULE 1: NAME

The name of the Club is “Malahide Yacht Club”.

RULE 2: BURGEE AND ENSIGN

The Club burgee is black, with a gold cross superimposed on a diamond at the centre. The authorised ensign of the Club is an Irish white ensign, defaced by a shield bearing the Club emblem.

RULE 3: OBJECTS

The objects of the Club are the promotion & encouragement of sailing, yachting & boating, including racing at Malahide & elsewhere, and the promotion of other sports & functions for the benefit of sailing & boating in general and the Club in particular.

RULE 4: MEMBERS

The Club will consist of the following categories of member;

ORDINARY MEMBERS

Persons aged 18 years and over on the 1 st January of that year are eligible for election to Ordinary membership. Ordinary members enjoy the full rights & privileges that the Club has to offer within the boundaries of these Rules.

FAMILY MEMBERS

If a husband & wife, a couple in a long-term relationship or a single parent family seek membership, the Committee may apply a special rate of subscription hereinafter called Family membership. Family members are entitled to the same rights & privileges as Ordinary members and are subject to the same liabilities.
Children of Family members may apply for election as Cadet members, without further subscription, until the 1st January following the 18 th birthday of each child so elected. Eligibility for such Cadet membership will be as defined in Rule 4 – Cadet members.

SENIOR MEMBERS

Persons who have attained the age of 65 years and have been a voting member of the Club for at least the five immediate past & consecutive years are eligible for Senior membership. Senior members enjoy the full rights & privileges that the Club has to offer within the boundaries of these Rules.

LIFE MEMBERS

Life membership may, at the Committee’s discretion, be obtained by a single subscription that is based on 10 years purchase at the current Ordinary membership rate. Candidates for admission to Life membership will be elected in the same manner as Ordinary members. Life members are entitled to the same rights & privileges as Ordinary members and are subject to the same liabili­ties.

CADET MEMBERS

The Committee will have power to elect as Cadet members individuals aged between 8& 18 years of age. Cadet membership will however cease on the 1st January fol­lowing the 18 th birthday of the member so elected. Cadet members under 8 years of age will be children of persons elected to Family membership.
Full time bona fide students, over 18 years of age on 1st January of that year, may be admitted to Cadet membership for the year, at the discretion of the Committee.

COUNTRY MEMBERS

Eligibility for election to Country membership is limited to those persons that have their place of residence in Ireland outside a circle with radius of 70 kilometres centred on Malahide or who are voting members of any yacht club with which Malahide Yacht Club has entered into a reciprocal membership agreement .

Country members have no voting power, no right to propose or second for membership or office and no other privilege beyond the personal or sailing related use of Club facilities.

OVERSEAS MEMBERS

Eligibility for election to Overseas membership is limited to those persons who have their place of residence, for at least 10 months of the subscription year, outside the island of Ireland.
Overseas members have no voting power, no right to propose or second for membership or office and no other privilege beyond the personal or sailing related use of Club facilities.

PAVILION MEMBERS

Eligibility for election to Pavilion membership is limited to those persons aged 18 years and over on the 1st January of that year.
Pavilion members have no voting power, no right to propose or second for membership or office and no other privilege beyond the personal use of Club facilities. They may only take part in Club races as if they were non-members and then subject to the appro­priate regulations.

ASSOCIATE MEMBERS

Persons aged 18 years and over on the first January of that year, together with those that satisfy the definition of Cadet, are eligible, solely at the Committee’s discretion, for election to Associate membership for an absolute period not exceeding 12 months, in order that a particular set of circumstances pertaining at the time (such as the furtherance of membership, the promotion of adult or junior training or the general wellbeing of the Club) can be recognised in a manner & subscription rate to be defined at the time and reviewed annually by the Committee.
Associate members have no voting power, no right to propose or second for membership or office and no other privilege beyond the personal or sailing related use of Club facilities.

ELECTION TO MEMBERSHIP :

The name, address & profession or business of every candidate and the name of each proposer & seconder (who will be personally acquainted with the candidate) will be given in writing on the prescribed form to the Honorary Membership Secretary who will post the form on the prescribed Club notice board for a period of not less than 14 days to enable Ordinary, Life, Senior, Family and Honorary members make representations on any matter concerning the suitability or otherwise of the candidate for election.
The posting of the aforesaid form on the Club notice board will constitute a nomination of the proposed member. On the completion of that procedure the candidate will be considered for election by the Committee and will be duly elected if approved by a majority of the members of Committee present & voting at the meeting, with the Chairman having a second or casting vote in the event of an equality of votes.
The Committee will in every case have absolute discretion to decide whether any candidate for membership is suitable for election and whether such candidate will or will not be admitted to membership of the Club. The Committee will not in any circumstances be required to give any reason for the refusal of any application.

HONORARY MEMBERS

The Committee will have power, at its discretion, to elect persons of distinction or high position or persons who have given outstanding service to the Club as Honorary members for such period as may be deemed proper. Honorary membership absolves the member from payment of annual subscription, dinghy park or ferry fee and other levies of whatever nature imposed from time to time. Honorary members enjoy all the rights & privileges that the Club has to offer, but within the boundaries set by these Rules including Rule 7.

TEMPORARY MEMBERS

A member of the Committee will have power to admit as a Temporary member (for a period of up to 2 weeks at a time, subject to a maximum of two months in any one year and not in immediately succeeding years) a visiting yachtsman or woman who is not a resident of Malahide but is a member of a recognised yacht or sailing club. Temporary membership granted under this clause may also be extended to their friends living aboard with them. The Committee member sponsoring such membership must formally advise Committee of such arrangement at its next meeting and the Committee will have the power to set a subscription and endorse or rescind such Temporary membership. Temporary members will have no voting power, no right to propose or second for membership or office and no other privilege beyond the personal use of the Club premises. They may only take part in Club races as if they were non-members and then subject to the appro­priate Regulations.

RULE 5: RIGHTS AND VOTING

Only Ordinary, Family, Senior, Life and Honorary members will be entitled to be Officers of the Club or members of the Committee or to vote at a General Meeting of the Club. Associate, Cadet, Country, Overseas, Pavilion & Temporary members will not be so entitled.
Each Family membership will be entitled to a maximum of 2 votes (one vote per individual), to be exercised by partners, parents and/or guardians listed on the Club register. All individual members between the ages of 8 and18 years will be regarded as Cadet members.

RULE 6: SUBSCRIPTIONS AND FEES

The amounts of subscription for the various categories of membership and, where applicable, entrance fees, dinghy park fees, levies or any other charges for Club facilities payable for the various categories of membership, will be, as from time to time, established by resolution passed at an Annual General Meeting convened for the purpose and published to the members.
Entrance fees and initial annual sub­scriptions will accompany every application for membership and will be returnable to the applicant if election does not take place.
Subsequent annual subscription will be payable on 1st January in each year. Any member still in default on 1 st May will cease to be a member and will be so advised, unless the Committee is satisfied that reasonable cause has been shown to permit reten­tion of membership.
Initial dinghy park or ferry or other fees or levies will be payable in advance or on demand. Subsequent dinghy park fees or ferry or other fees will be payable before the commencement of the sailing season.
This rule will not operate to relieve any member from Liability under Rule 7:Trustees.

RULE 7: TRUSTEES

The Property of the Club will be vested in three Trustees, who will be appointed by the Committee and who will hold office until death or resignation, unless removed from office by resolution of a General Meeting.
The Trustees will deal with the property of the Club as directed by resolution of the Committee. For the avoidance of doubt, the property assets of the Club cannot be sold or encumbered without the approval of those present at an Annual General Meeting or a Special General Meeting convened for that purpose.
In the event of the Club becoming insolvent and unable to pay to the Trustees the whole or any part of a sum for which they may have been found liable in their capacity as Trustees of the Club, the Trustees & each individual Trustee will have the right to sue and recover from each member an equitable proportion of such sum or sums. The members upon whom this liability will devolve will be those who were Ordinary, Family, Senior or Life members on the date of the holding of the Annual General Meeting imme­diately previous to the date on which the Club became so insol­vent or who became Ordinary, Family, Senior or Life members since that Meeting.

RULE 8: OFFICERS

The Officers of the Club will consist of a Commodore, Vice-Commodore, Rear Commodore, Honorary Secretary, Honorary Treasurer, Honorary Sailing Secretary(s), Honorary Bar Secretary, Honorary Membership Secretary, Junior Affairs Officer and three Trustees (appointed as hereinbefore provided), all of which will be ex-officio members of the Committee and, with the exception of the Trustees, will be elected annually at the Annual General Meeting and will hold office until the following Annual General Meeting, unless they resign or are removed from office by a Special General Meeting.
The names of candidates who have consented to stand for election as Officer, together with the names of their proposers and seconders, will be given in writing to the Honorary Secretary and will be posted on the club notice board or website at least 14 days prior to the holding of the meeting. The outgoing Officers will be eligible for re-election. The Committee may recommend the election of candidates for Officer positions.
In addition to the foregoing, members may at an Annual General Meeting elect a President and up to two Vice Presidents. These appointments will be permanent unless the occupants resign or are removed from office by a General Meeting. The President and Vice-Presidents so elected will be regarded as the ‘senior members’ of the Club. They may attend Committee meetings but will be non-voting & non-executive in this regard.

RULE 9: COMMITTEE

The management, business and affairs of the Club will be entrusted to a Committee consisting of the Officers & Trustees and up to 7 Ordinary, Family, Senior, Life and Honorary members, seven of all the foregoing to form a quorum.
At least one Ordinary, Life, Senior, Family or Honorary member of the Committee will retire each year, in order of seniority, and will not be eligible for re-election to the Committee for a period of one year.
The names of candidates who have consented to stand for election to the Committee, together with the names of their proposers and seconders, will be given in writing to the Honorary Secretary and will be posted on the Club notice board or website at least 14 days prior to the Annual General Meeting. The Committee may in similar manner recommend the election to Committee of Ordinary, Family, Senior, Life and Honorary members.
The Committee will also have power to co-opt any Ordinary, Family, Senior, Life or Honorary member to fill any vacancy arising in its number, except in the posts of Commodore, Vice Commodore or Rear Commodore, where the next most senior Flag Officer will deputise in the vacancy for the remainder of the year. If a vacancy occurs in the offices of Hon Secretary, Hon Treasurer, Hon Sailing Secretary, Hon Bar Secretary, Hon Membership Secretary or Junior Affairs Officer, a successor will be appointed by the Committee to act as such Officer.
If a member has failed to attend 3 consecutive meetings of the Committee, without showing reasonable cause, the member will, at the discretion of the Committee, be deemed to have resigned.

RULE 10: COMMITTEE POWERS & PROCEEDINGS

The Committee will have all the administrative powers necessary, in conformity with these Rules, for carrying out the objects of the Club.

  • The Committee will hold meetings from time to time as it thinks fit, but will hold a minimum of 6 meetings in any one year in order to transact the affairs of the Club.
  • The Honorary Secretary will call a meeting at any time on the requisition of any 2 members of the Committee.
  • The presence of 7 Committee members will constitute a quorum.
  • Questions arising at any meeting of the Committee will be decided by a majority of votes of its members. In the event of equality of votes the Chairman will be entitled to a second or casting vote.
  • The Commodore of the Club will be Chairman of the Committee. If he is unwilling or unable to act, the Vice-Commodore will act as Chairman. If these officers are unwilling or unable to act, the members present will elect a Chairman.

RULE 11: BOOKS / ACCOUNTS

The Committee will have control & management of the Club’s finances.

  • The Committee will ensure that accurate records are maintained of;
  • the sums of money received & expended by the Club and the manner in which such receipt & expenditure takes place
  • the assets & liabilities of the Club.
  • It will submit the Club’s accounts and balance sheet to a professional auditor at least once in every year for audit.
  • It will distribute a copy of the Club’s balance sheet and statements of account, together with the auditor’s report thereon, for the financial year ending 30 September annually, to each member entitled to receive notice of such meeting, at least 7 days before the Annual General Meeting.

RULE 12: MINUTES

The Committee will ensure that full & proper Minutes are maintainedin paper formatof;

(i) all resolutions & proceedings of Committee meetings and General Meetings

(ii) the names of all members present at Committee meetings and General Meetings.

A Minute signed by the Chairman of the meeting to which the Minute relates or by the Chairman of a subsequent meeting will be sufficient evidence of the facts stated therein.

RULE 13: BORROWING POWERS AND RELATED ASSETS

Subject to approval at an Annual General Meeting or a Special General Meeting the Committee may borrow sums in whatever manner for the purposes of the Club and give security over Club assets as required from time to time. Such borrowings will be in the name of the Trustees who may enter into whatever borrowing, security or related arrangements that they and the Committee may deem appropriate.
The Committee will also have power in its own right to borrow money in any form or manner, for a period not exceeding 3 years, for the purposes of the Club, up to a maximum of 50% of the annual subscription income in the previous year, but at all times within that limit until such time as the borrowing has been repaid.
Notwithstanding the foregoing, the Committee will have power to further borrow for the purposes of the Club up to 20% of the annual subscription income in the previous year, but for a period not exceeding 12 months.

RULE 14: ANNUAL GENERAL MEETING

A General Meeting of the members of the Club will be held annually, not later than the month of March, for the purpose of;

  • Receiving the Commodore’s Report for the preceding period.
  • Receiving the Statement of Accounts for the year just ended 30th September.
  • Electing the Officers and Committee for the ensuing year.
  • Revising the Rules, of which due notice has been given, including Subscriptions and Fees.
  • Transacting the general business of the Club.

RULE 15: OTHER GENERAL MEETINGS

The General Meeting described in Rule 14 will be called the “Annual General Meeting”.

Any other General Meeting will be called a “Special General Meeting”.

RULE 16: GENERAL MEETINGS

The Honorary Secretary will convene a General Meeting at such times as directed by resolution of the Committee.
He/she will also convene a General Meeting on a requisition signed by at least 15 Ordinary, Family, Senior, Life and/or Honorary members. Such a meeting will be summoned within 28 days of receipt of the requisi­tion (which will specify the object of the meeting). No other subject than that specified in the requisition will be discussed or introduced, nor will the meeting be competent to proceed to business or appoint a Chairman unless 15 Ordinary, Family, Senior, Life and/or Honorary members are present.
The Senior Flag Officer present or, if that is not possible, a member of the Committee will take the Chair at all General Meetings. If, within an hour after the time appointed for the holding of a General Meeting, convened upon a resolution of members, and the Chair is unoccupied, the members present may elect a Chairman provided a quorum of 15 Ordinary, Family, Senior, Life and/or Honorary members is present.
If within an hour after the time appointed for holding such General Meeting a quorum of 15 Ordinary, Family, Senior, Life and/or Honorary members is not present, the meeting as convened upon a resolution of members will be dissolved and stand adjourned to the same day in the next week at the same time & place, and if at the adjourned meeting a quorum is not present within an hour after the time appointed, the members present will be a quorum.

RULE 17: NOTICE OF GENERAL MEETING

At least 21 days notice, specifying the place, the day and the hour of the holding of the General Meeting will be given to every Ordinary, Family, Senior, Life & Honorary member, save those that have not supplied to the Club an address within Ireland for the purpose of receiving such notices.
Written notices may be given to any member personally or through the post. Where a notice is sent through the post it will be deemed to have been served at the expiration of 24 hours after it is posted. The non-receipt of the notice by any member will not invalidate the proceedings of any General Meeting.
For the avoidance of doubt, the Club is not required to advise Associate, Cadet, Country, Overseas, Pavilion or Temporary members of an upcoming General Meeting or any matter subsequently arising there-from.

RULE 18: VOTING AT GENERAL MEETINGS

A resolution put to the vote at a General Meeting will be decided by a show of hands, save as otherwise provided by these Rules;

  • Every Ordinary, Family, Senior, Life & Honorary member present will be eligible to vote on any one resolution. Family members have two votes, as prescribed in Rule 5.
  • A simple majority of those present & voting will constitute acceptance or otherwise of a resolution proposed. In the case of an equality of votes being cast on any resolution, the Chairman will be entitled to a second or casting vote.
  • Voting will be by ballot if required by the Chairman or at least 6 members present and entitled to vote. The Chairman will direct the manner in which the ballot will be made.
  • Members whose resignations have been accepted by the Committee will not be entitled to vote.
  • Proxies will not be allowed.

RULE 19: LEAVE OF ABSENCE

The Committee may grant leave of absence to members for one year, during which period they will be relieved of the responsibility of paying an annual subscription and will not be entitled to any of the privileges of membership. The Committee may on occasion extend such leave of absence, but only if formally requested in advance to do so the following year.
The Committee will have discretion on an application for re-instatement by a member who has received leave of absence to postpone or refuse such re-instatement. The Committee will not in any circumstances be required to give any reason for the refusal of any application.

RULE 20: WITHDRAWAL FROM MEMBERSHIP

A member not signifying his/her intention to resign will be liable for the year’s subscription.
A member intending to withdraw from membership of the Club will signify his/her intention in writing to the Honorary Secretary and such withdrawal will take effect from the date of its acceptance by the Committee. The with­drawal will not however relieve such withdrawing member of any liability which may arise under Rule 7:Trustees during the remainder of that year nor entitle such person to any full or partial refund of subscription paid .

RULE 21: SUSPENSION OF MEMBERSHIP

The Committee will have power at any time to suspend any member from admission to the Club premises and from the enjoyment of the facilities of the Club for such period as the Committee may decide. All privileges and voting rights will be withdrawn in such circumstance.

RULE 22: EXPULSION

Any member wilfully infringing the Rules or Regulations of the Club or the ordinances of the Committee or making him­self offensive to another member or using unbecoming language or wilfully mutilating the property of the Club or removing the property of the Club without authority or whose conduct in or out of the Club will, in the opinion of the Committee, be prejudicial to the welfare or good order of the Club, may be requested in writing to resign from the Club within 3 weeks of such request, provided however that no member will be requested to resign without first being given an opportunity to explain or excuse his or her alleged misconduct to the Committee.
If no reply to such request is received or if such member fails or refuses to resign within the said period of 3 weeks, a Special General Meeting will be called, at which a resolution calling for such member’s expulsion from the Club will be proposed in the name of the Committee by any two members thereof. 21 days notice of such meeting and resolution will be given to the member concerned (who will be entitled to be heard at the meeting) and to all the members entitled to vote at the meeting. A majority of two-thirds of the members present and voting will be required to carry such a resolution.
The operation of this Rule will not alter or affect the liability attaching on the date of expulsion to such member under Rule 7:Trustees.
All complaints or communications concerning the conduct of members must be made in writing to the Honorary Secretary.

RULE 23: NOTICES

A notice board will be provided within each Club premises for the posting of such notices as are required or are deemed appropriate by the Committee. Publication on the Club website will satisfy the provisions of this Rule.
Notices and publicity material should not be posted in any other part of the Club premises without the express sanction of the Committee.

RULE 24: STORAGE

The property of members will only be stored on the Club premises in accordance with the terms of the appropriate Regulations.
Club premises assigned to accommodate the per­sonal effects & craft of sailing members during the sailing season will be cleared of such effects by 31st October in each year, unless arrangements have been made for their storage in accordance with the terms of the appropriate Regulations. Failing such arrangements the Committee will order their disposal for the benefit of the Club.
On ceasing to be a member that person will immediately remove their personal property & craft from Club premises. In the event of failure to do so the Committee may order their disposal for the benefit of the Club.

RULE 25: REGULATIONS

The Committee has authority to make and rescind Regulations as it may consider necessary for the management and wellbeing of the Club, provided they are not inconsistent with or in contra­vention of the Rules of the Club.

RULE 26: ALTERATIONS TO RULES

No alteration or addition to these Rules will be made except at an Annual General Meeting or at a Special General Meeting duly convened (post 21 day’s notice), save that the Committee will on occasion have power to alter and amend the Rules but only for the purpose of complying with any existing or future statute .

RULE 27: DISSOLUTION OF CLUB

Should it become necessary or advisable at any time to dis­solve the Club, a General Meeting will be convened for this pur­pose;

  • One month’s notice of such meeting will be given and the resolution to be proposed will be stated therein.
  • Members whose resignations are pending will not be deprived of their votes. Rule 18 will be modified accordingly.
  • It will be necessary for five-sixths of the members present & voting to decide in favour of dissolution before the resolution can be carried.

RULE 28: DISTRIBUTION

In the event of a dissolution of the Club, the surplus assets, if any, remaining after the payment of all debts & lia­bilities of the Club, including the cost of dissolution, will be dis­tributed in value or specie, in equal shares, among the fully paid-­up Ordinary, Family (one share), Senior, Life and Honorary members as on the date of the resolu­tion for winding-up.

RULE 29: INDEMNITY

Every Officer of the Club will be indemnified by the Club against (and it will be the duty of the Committee to pay) all losses, costs and expenses which any Officer may properly incur or become liable for, by reason of any contracts entered into or any act or things done by him/her as such Officer or in any way in the discharge of his/her duties as such Officer. The amount for which such indemnity is proved will immediately attach as a lien on the property of the Club and will have priority as between the members and all other claims.

RULE 30: SALE OF EXCISABLE LIQUORS

This rule reflects the requirements of the Licensing Laws.

A visitor will not be supplied with excisable liquor in the Club premises unless on the invitation and in the company of a Club member. That member will on admission of the visitor to the Club premises or immediately upon he or she being supplied with such liquor, enter his or her own name and the name & address of the visitor in a book which will be kept for such purpose and which will show the date of such visit.

Subject to the exceptions mentioned in sub-sections 2 & 3 of Section 56 of the Intoxicating Liquor Act 1927, as amended by Section 6 of the Intoxicating Liquor Act 1962 and the Acts extending & amending the same, no excisable liquor will be supplied for consumption on the Club premises to any person (other than a member of the Club lodging in the Club premises) or be consumed on the Club premises by any person (other than a member of the Club lodging in the Club premises) on;

  • any weekday before 10.30am or
  • any Monday, Tuesday, Wednesday or Thursday after 11.30pm
  • any Friday or Saturday after 12.30am on the following day
  • any Sunday before 12.30pm or after 11.00pm (except St Patrick’s Day on a Sunday) or
  • St. Patrick’s Day before 12.30pm or after 12.30am on the following day or
  • Christmas Eve & the Eve of Good Friday before 10.30am or after 11.30pm or
  • at any time on Christmas Day or Good Friday.

No excisable liquor will be sold for consumption outside the premises of the Club , except to members of the Club and then only between the following hours;

  • 10.30am and 10.00pm on any day other than St Patrick’s Day or Sunday
  • 12.30pm and 10.00pm on St Patrick’s Day
  • Any Sunday between 12.30pm and 10.00pm.

Nothing contained in the Registration of Clubs Acts 1904 to 1999 or imposed by virtue of the operation of Section 47 of the Constitution will operate to prohibit the supply for consumption on the club premises of excisable liquor to any persons;

  • on Christmas Day, between 12.00 midday and l0pm in the evening or
  • on any other day for one hour after the expiration of any period in respect of that day during which it is lawful for the Club by virtue of Section 47 of the Constitution to supply any excisable liquor for consumption on the Club premises,

if, in each case the excisable liquor is;

  • ordered by that person at the same time as a substantial meal is ordered by him and consumed at the same time as and with the meal
  • supplied and consumed in the portion of the club premises usually set aside for the supply of meals
  • paid for at the same time as the meal is paid for.

No excisable liquor will be sold or supplied by the Club to any person under 18 years of age.

No person under the age of 18 years will be allowed in to the licensed area of the Club after 9.00pm [10.00 pm during the months of May to September inclusive]. However, a child who is accompanied by his/her parent or guardian may be allowed in to the licensed area between the hours of 10.00am (12.30pm on Sunday) and 9.00pm (10pm during the months of May to September incl).

A child who is aged at least 15 years, but under the age of 18 years, and who is accompanied by his/her parent or guardian, may be allowed into the licensed area of the Club on the occasion of a private function at which a substantial meal is served to persons attending the function.

The Committee may alter or add to such Rule or Rules dealing with the supply or consumption of excisable liquor for the purpose of complying with the Licensing Laws for the time being in force or for the purpose of satisfying the requirements of the members in accordance with such laws.

In addition to the foregoing Rules and clauses thereof, the clauses and Regulations embodied in the Registration of Clubs Acts 1904 to 1999 and the Acts extending and amending the same will be deemed Rules of the Club.

No member of the Committee and no manager or servant employed in the Club will have any personal interest in the sale of excisable liquors therein or in the profits arising from such sale.

These updated Rules were approved by the members present

at the Annual General Meeting held on 9 th December 2010.

E Magee Hon Secretary Malahide Yacht Club.