Rules of the Dartmouth Yacht Club


1) The name of the Club is "The Dartmouth Yacht Club".
2) The Club is non-political and non-sectarian and the objects for which the Club is formed are to:
a) Promote and facilitate the sport of yachting and its associated activities, based on the Port of Dartmouth.
b) Provide a Club which shall be for the use of members, their guests and visiting yachtsmen.

General Meetings
13) A General Meeting of members, chaired by the Club President, or a Vice-President, shall be held annually in December or in exceptional circumstances as soon thereafter as practical for the purpose of

a) Approving the Minutes of the preceding AGM and any intervening EGM's.
b) Receiving a report from the Commodore on the affairs of the Club.
c) Receiving a financial report from the Hon. Treasurer for the financial year ended 30th September and to adopt the accounts.
d) Electing various officers.
e) Electing the Committee.
f) Electing the Accountants.
g) Transacting any other business of which due notice has been given in accordance with Rule 14.
14) Members wishing to submit items for the agenda of the AGM are to notify the Secretary of such items by 1 November in writing. The Hon. Secretary shall, at least 14 days prior to the date of the AGM, post or deliver to each member notice thereof and of the business to be brought forward thereat.
15) No business shall be transacted at any general meeting of the Club save as shall have been set out in the notice convening that general meeting.
16) The accidental omission to give notice of any meeting to, or the non receipt of notice of a meeting by, any member entitled to receive notice shall not invalidate the proceedings at that meeting.
17) The Committee may, on giving fourteen days notice, call an Extraordinary general meeting of the members for any specific business, the nature of which shall be stated in the notice convening such meeting and the discussion at such meeting shall be confined to that business only.
18) The Committee shall also call an Extraordinary general meeting within 28 days of the written request of twelve members with full voting rights.
19) At a general meeting of the Club each member (other than Honorary, Junior or Temporary members) shall have one vote. Honorary, Junior or Temporary members may attend general meetings but shall have no vote. In the case of an equality of votes the Chairman shall have a second or casting vote.
20) No business shall be transacted at any general meeting unless a quorum of members is present. A quorum for this purpose shall be 35 members present.
21) If within half an hour of the time appointed for the meeting a quorum is not present, the meeting, if convened on the requisition of members shall be dissolved; in any other case it shall stand adjourned until an alternative time and place are so determined by the Committee. If at the adjourned meeting a quorum is not present within half an hour from the time appointed for that meeting the members present shall form a quorum.
22) At any general meeting a resolution put to the vote shall be decided by a show of hands unless a ballot is demanded by the Chairman or any three members. The ballot shall be conducted as directed by the Chairman.
23) The result of any resolution by either a show of hands or a ballot shall be given by the Chairman and that result shall be conclusive without further details being given.
24) Members wishing to vote by proxy may do so provided that their clear intentions are notified in writing and received by the Secretary at least 24 hours before the meeting.

Executive Officers
25) The Executive Officers of the Club shall consist of the Flag Officers, namely, Commodore, Vice Commodore, two Rear Commodores (Sailing and House), together with the Hon. Secretary, the Hon. Treasurer, the Hon. Sailing Secretary, the Hon. Membership Secretary the Hon. Social Secretary and the Bar Officer. All elected in accordance with Rules 28, 29 and 30 by the members at an Annual General Meeting. In the event of a ballot, the name of the unsuccessful party may go forward into the ballot for election to the general committee.

Committee
26) The Committee shall consist of the Executive Officers and four members of the Club elected by the members in general meeting to hold office until the conclusion of the next Annual General Meeting.
27) The Committee shall have the power to co opt four further members at its discretion, with full voting powers, until the next Annual General Meeting. Additionally if necessary for the good management of the Club, these co-opted members may be appointed to be executive officers in an acting capacity, to be confirmed at the next AGM. Also the committee shall have the authority to change the responsibilities of its members as it thinks fit. Any changes made to the committee will be notified to the members by a notice posted in the Club.

Elections
28) Nominations of Club Members for Executive Officers or Committee shall be in writing and a suitable form shall be displayed in the Club for a period of 21 days ending on 1st November preceding the date of the general meeting at which the elections are to take place. All nominations shall be proposed and seconded by Full or Life members of the Club and accepted by the nominee.
29) Where the nominations exceed the offices available the election shall be by ballot, and in the event of a tie the Chairman shall have a second or casting vote. The results shall be announced without further details being given.
30) The Executive Officers and Committee may offer themselves for re-election but may not be elected or co-opted for the same office in more than three consecutive years unless there be no other member willing to accept nomination for that post. This restriction shall not apply to the Hon. Secretary, Hon. Treasurer or Hon. Membership Secretary. If the Committee has more than one third of its membership with more than three consecutive years service then the one third of its members with the longest service will not offer themselves for re election as above.

Management
31) The Committee shall:

a) promote and further the objectives of the Club as defined in Rules 2a and 2b.
b) promote and Register under the relevant Companies Act(s) a Private Limited Company for the purpose of providing suitable clubhouse facilities and to let. lease or otherwise use, any surplus property that is not currently used by the Club.
32) In the event of less than four members being elected at the AGM, or vacancies arising for any other reason, the Committee shall have the power to fill such vacancies by co-option and such members will have full voting powers in Committee.
33) The Committee may delegate such of its powers as it thinks fit to any sub Committee, provided however that all such sub-Committees shall have at least one member who is a member of the Committee elected at the AGM. The formation and composition of all sub- Committees shall be reported to and approved by the Main Committee and all Flag Officers shall be ex officio members of all sub-Committees. The Hon. Treasurer will be the Treasurer of all sub Committees.
34) The Committee shall manage the affairs of the Club according to the Rules and shall apply the funds of the Club to the objects of the Club.
35) For the purpose of exercising its functions, the Committee shall have laid before it full information as to the activities of the Club and shall receive regular reports from the various Executive Officers and sub-Committees.
36) Resolutions of the Committee shall be passed by a simple majority, by a show of hands of those present. In the event of a tie the Chairman shall have a second or casting vote.
37) A quorum of the Committee to enable any meeting to transact any business shall be five members, two of whom must be Flag Officers.
38) The Commodore shall take the chair at any Committee meeting which he may attend unless he invites some other member to do so, and shall be the chief executive of the Club.
39) The Committee are the members of the Dartmouth Sailing Club (Holdings) Ltd., and are responsible for Club Property. The Council of Management of Dartmouth Sailing Club (Holdings) Ltd. is elected from the Committee (minimum of three and maximum of five and a Secretary appointed) and is responsible for the general management of the Property.

Visitors and guests
40) A member of a bona-fide Yacht Club or Sailing Club, who is not normally resident in the Dartmouth postal area, shall be designated a "Visitor", who may upon entering his or her name home address and club membership details in the Visitors' Book, enjoy all amenities of the Club for a period of not exceeding seven days upon anyone occasion in anyone year. Thereafter, a visitor may take out Temporary Membership at the current prevailing rate and subject to the Rules governing Temporary membership. A visitor may not introduce guests, but if a visitor is the skipper of a visiting yacht then bona-fide members of his crew may also sign in as visitors, even if they are not themselves members of yacht clubs.
41) A member may introduce a "Guest" to the Club provided the guest's name and address are entered in the Visitors' Book on each and every occasion and the entry is signed by the member. No person may be introduced as a "Guest" on more than six occasions in any Club year (October 1st to 30th September) no matter which member or members introduce him or her.
42) It is the duty of the member to ensure that the Visitors' Book is correctly completed on each and every occasion and to be responsible for their guest's behaviour whilst in the Club.

Financial
43) It shall be the responsibility of the Hon. Treasurer to keep a complete and accurate account of the Club's finances.
44) The Hon. Treasurer shall submit to the members at the AGM an audited statement of accounts made up for the period of 12 months ended 30th September, and a balance Sheet as at that date. The Hon. Secretary shall display a copy of the statement of accounts in the Club 14 days prior to the AGM.

Presidents and Vice-presidents
45) The Committee may nominate, for approval by the members at a General Meeting, a member of the Club for the position of President.
46) The Committee may, under the same conditions as Rule 45, nominate Vice-Presidents. At no time shall there be more than three Vice-Presidents currently in office.
47) The President and Vice-Presidents will initially be elected for periods of three years but may be nominated by the Committee for members' approval to further periods of three years without limit.

Bye-laws
48)
a) The Committee shall make such Bye-laws as it shall from time to time think fit and shall cause the same to be exhibited in the Club premises for 14days prior to their implementation. Such Bye laws shall remain in force until approved or set aside by a vote at the next General Meeting of the Club following the date of their implementation.
b) Bye-laws approved (or set aside) at a General Meeting shall not be set aside (or re-introduced) except at a General Meeting unless the Committee decides that there has been a significant change in circumstances.

Members indemnification of the committee
49) In pursuance of the authority vested in the Committee by the members of the Club, members of the Committee are entitled to be indemnified by the members of the Club against any liabilities properly incurred by them or any one of them on behalf of the Club wherever the contract is of a duly authorised nature and entered into on behalf of the Club. The limit of an individual member's indemnity in this respect shall be of a sum equal to one year's subscription at the then current rate for that category of membership unless the Committee has been authorised to exceed such limit by a General Meeting of the Club.

Dissolution
50) In the event of the dissolution of, or the winding up of the Club, other than for the purpose of amalgamation or reconstruction, the Club's assets shall be distributed to such charity or sporting organisation as the Committee shall recommend and the members in General Meeting endorse. The Club premises are owned by Dartmouth Sailing Club (Holdings) Ltd. and in the event of winding up or dissolution of that company then paragraph eight of the Articles of Association of that company shall have effect.

Paragraph eight states: If upon the winding up or dissolution of the company there remains, after satisfaction of all its debts and liabilities, any property whatsoever, the same shall not be paid to or distributed among the members of the company, but shall be given or transferred to the Trustee for the time being of the Dartmouth Yacht Club to the benefit of the members of that Club but if that Club shall have ceased to exist or to have been fully wound up then such property shall be given or transferred to some other Club, institution or institutions, having objects similar to the said Club, such club, institution or institutions to be determined by the members of the company at or before the time of dissolution, and if and so far as effect cannot be given to such provision, then to some charitable object. (The members of the company are defined as being the elected and ex-officio members of the Committee of the Dartmouth Yacht Club).

Rules
51) The Rules may be altered only by resolution of members at an Annual or Extraordinary General Meeting.