(NAME OF ASSOCIATION)
ARTICLE 1 NAME
This organisation will be known by the name of MWLEC, MY Women Legal Counsel Association
(Name in English)
Hereinafter referred to as “Association”.
ARTICLE 2 ADDRESS
- Address and place of administration of Association is ………………………………………………
or in any other place or places as may be determined from time to time by the Committee; and address for correspondence is same as the administration address.
(2) Registered place of business and mailing address of the Association may not be altered without the prior consent of the Registrar of Societies.
ARTICLE 3 OBJECTIVES
The purpose for the formation of the Association is aim to:-
3.1. foster social mobility among women legal community;
3.2. promote educational information and provide continuing programs through seminars, trainings, conferences and other meetings;
3.3. represent the women in house legal community;
3.4. to provide a forum or channel for the women in house legal community to share views, form common positions;
3.5. to consolidate the relevant services beneficial to the women in house legal community.
ARTICLE 4 MEMBERSHIP
Membership available in the Association is as follows;
4.1. Ordinary Membership
- Malaysian Citizen
- Age of Majority
- Hold basic legal qualifications (ie LLB or CLP holders)
Every application for membership shall be proposed and seconded by members and submitted to the Secretary who is required to submit the application as soon as possible to the Committee for approval. The Committee may reject any application at its discretion, without giving any reason
Every applicant, whose application has been approved as mentioned above, must pay the entrance fee and the member’s fee to be accepted as a member of the Organization.
ARTICLE 5 SOURCE OF INCOME
The financial resources of the organization are from:
(Monthly/Annual/Lifetime Fees) must be paid to the Treasurer in advance within …………… days from the beginning of each (month/year)
- A Member who accumulates arrears of more than…… (month/year) will receive a warning letter signed by the Secretary, and will temporarily lose member privileges until the arrears have been paid.
- A member who has accrued arrears amounting to a sum exceeding the total fees for …..(month/year) will automatically cease being a member of the Association and the Committee may order that legal action may be taken against that person, provided that the the Committee us satisfied that the person in question has received a letter stating the amount due and owing.
- The Committee has the discretion to fix a re-entrance fee which is reasonable for those who allow their membership to lapse.
- An imposition of a special fee or collection of money from members for a specific occasion will be allowed if a majority of the members of the Association consent to it in a general meeting. If any Member fails to pay the fee within the time specified at the General Meeting, then it will be treated the same as non-payment of the (monthly/yearly) membership fee.
This Association is allowed to receive contribution(s) in any form and shall declare all contribution(s) received in the Annual Statement of Association.
The Association may organise fundraising events with prior consent from the Registrar of Societies and approval from the relevant authorities.
Commercial/ Business transacions
This Association may perform economic activities such as selling, buying, investing, leasing, owning movable and immovable property. All the money and profits earned by this establishment will be used solely to extend, develop and carry out the objectives set herein and no part of money received or profit shall be used to pay interest, profits or bonuses to any of its members. Nevertheless this provision does not preclude any payment made for purposes such as to pay a salary or expenses or both to any member or employee of the establishment.
ARTICLE 6 RESIGNATION AND EXPULSION
- A member who wishes to resign from the Association shall give a written statement at least 2. weeks in advance to the Secretary and settle all outstanding payment.Any member who fails to comply with the rules of the Association or acts in a way that would discredit the Association may be expelled or suspended for a period of time, the Committee deems fit. Before the Committee expels or suspends the membership of the member, the member shall be informed of the reasons for expulsion or suspension in writing. The member will be given an opportunity to explain and defend himself. Dismissal or suspension shall be implemented immediately unless it is decided in a general meeting to postpone or cancel the decision on the appeal by the member in question.
ARTICLE 7 GENERAL MEETING
Matter pertaining to Organization management will be decided according to the majority in a general meeting of members. At least ½ (one-half) of the total voting members, or twice the number of members of the Committee, whichever is less, shall be present at the general meeting to confirm the meeting and is the quorum for the meeting
If the quorum is insufficient in number, after half an hour from the time appointed for the meeting, the meeting shall be adjourned to a date not later than 30 days from the date previously set by the Committee; and if a quorum is not present after half an hour from the time appointed for the adjourned meeting, the members who attended the meeting may proceed with the meeting but is not empowered to amend the constitution of the Association
The Annual General Meeting of the Association shall be held as soon as possible after the end of the financial year but not later than 31 March at any date, time and place fixed by the Committee. The purpose of the Annual General Meeting is to:
- accept the minutes of establishments in the last year;
- accept the Treasurer’s report and audited financial statements for the past year;
- elect the members of the Committee and appoint auditors for the coming year; and
- manage the other things that are presented in the meeting.
The Secretary shall send to every member, at least 14 days before the Annual General Meeting the agenda including copies of meeting minutes and reports and statements of accounts of the Association for the previous year which have been audited. Copies of these documents will also be made available to be read by the members at the place of administration of the Association.
Special General Meeting of the Association shall be held:
- if the Committee deems it desirable; or
- at the joint request, in writing of not less than 1/5 (one-fifth) of the amount members, stating the purpose and reasons for such a meeting. The request shall be sent to the Secretary of the Association.
A Special General Meeting requested by members shall be held at a date within one month from the date of receipt of such requisition.
Notice and agenda of the General Meeting shall be forwarded by the Secretary to all members at least 14 days before the date fixed for the meeting.
Article 7 (1) and 7 (2) of this Constitution regarding postponement of an Annual General Meeting can be used for the Special General Meeting, provided that if the quorum is insufficient after half an hour from the time fixed for the Special General Meeting at the request of members, the meeting shall be canceled and within 6 months from the date of the extraordinary general meeting at the request of the members with the same purpose cannot be held.
The Secretary shall transmit to each member a copy of the minutes of every Annual General Meeting and Special General Meeting as soon as possible after conclusion of the meeting.
Article 8 COMMITTEE
- A Committee consisting of the ranks listed below shall be elected at the Annual General Meeting:
An Assistant Secretary
3 ordinary Committee Members.
- The office-bearers of the Association and every officer performing executive functions in the Association shall be Malaysian citizens.
- The names of nominees are to be proposed and seconded and election will be by simple majority vote of the members at the Annual General Meeting. All Committee members are to be elected every year.
(4) The function of the Committee is to administer and organise the daily affairs of the Association and to make decisions on matters affecting its administration within the general policy laid down during the general meeting. The Committee may not act contrary to the decisions made during the general meeting without prior consultation and shall always remain subordinate to the decisions made during the general meeting. The Committee shall submit a report on its activities in the past year in every Annual General Meeting.
(5) The Committee shall meet at least once every 3 months. Notice for every meeting shall be given to committee members 7 days in advance. The Chairman alone, or not less than 2 Committee members acting together may call for a meeting of the Committee at any time. At least half (½) of the Committee members must be present for a quorum and to validate the meeting held.
(6) If there is an urgent matter which requires the approval of the Committee and the Committee meeting for good reasons cannot be held, the Secretary may seek the approval of the committee members by a circular letter. The conditions below must be satisfied prior to the acceptance of the decision reached by the Committee:
- the issue raised must be clearly set out in the circular distributed to every member of the Committee;
- at least half of the members of the Committee must express their agreement or disagreement with the proposal; and
- the decisions shall be by majority vote. Any decision obtained by circular letter shall be reported by the Secretary in the next Committee meeting and recorded in the minutes of that meeting.
(7) Members of the Committee who fails to attend Committee meetings three times in a row without satisfactory explanation or reasons shall be deemed to have resigned from the Committee.
(8) If a member of the Committee dies or resigns, the nominee who received the second highest votes in the last elections shall be called to fill in the vacancy. If there is no such candidate or if it is refused, the Committee shall have the discretion to appoint another member to fill in the vacancy until the next scheduled Annual General Meeting.
(9) The Committee may give instructions to the Secretary or other Committee members to run the affairs of the Association, and to appoint managers and staff as it deems necessary. It may suspend or dismiss any officers or staff for neglect of duty, dishonesty, incompetence, refusal to carry out the decision of the Committee, or for any other reason deemed sufficient in the interest of the Organisation.
The Committee may establish sub-committees when necessary and give any special duty to any member of the Committee.
The former Committee shall submit all documents related to the Association to the newly elected Committee, but the former Committee will still be held responsible if there are errors, damage, and loss of all records in the documents handed over.
ARTICLE 9 DUTIES OF THE OFFICERS
- The Chairman, during his term in the Committee, shall preside over all general meetings, all Committee meetings and is responsible for all such meetings. The Chairman has a casting vote and shall sign the minutes of meetings as approval.
- The Vice Chairman shall undertake the duties of the Chairman during the Chairman’s absence.
- The Secretary shall conduct the administration of the Association in accordance with the law and shall act in accordance with the decisions made at the general meetings and committee meetings. The Secretary is responsible for conducting all correspondence and keeping all records of the association properly, except books of accounts and financial documents. The Secretary shall maintain a register of members containing detailed information of members by categories such as name, place and date of birth, identity card number, occupation, name and address of the employer and residential address of every member. The Secretary must be present in all meetings and record the proceedings. The Secretary shall within 60 days from the date of the Annual General Meeting submit annual returns to the Registrar of Societies as required under Section 14 (1) of the Societies Act, 1966.
- The Assistant Secretary shall assist the Secretary in his/her absence by assuming the duties of the Secretary.
- The Treasurer is responsible for the finances of the Association. He shall keep accounts of all financial matters and is responsible for its accuracy.
- The Ordinary Committee Members shall attend all meetings of the Association and should assist the Committee in carrying out its duties as directed other members of the Committee.
ARTICLE 10 FINANCES
- Subject to the provisions of the law, the Association’s funds can be used for things that are advantageous and for achieving the objective of the Association, including administrative expenses, payment of salaries, allowances and expenses of officers and salaried (upah memeriksa kira-kira). However, the money shall not be used to pay fine imposed on any member by a Court sentence.
- The Treasurer may hold a petty cash not exceeding the amount of RM100 (followed by the word) at any time. Any excess amount must be deposited in a bank approved by the Committee within 7 days from the date on which the limit was exceeded. The bank account shall be in the name of the Association.
- All checks or withdrawal notices on the accounts of the Organization shall be signed by the Chairman, Secretary and Treasurer. In the absence of the Chairman, Secretary or Treasurer, members of the Committee shall appoint anyone from the Committee as a substitute to sign checks or withdrawal notices.
- Any expenses within the amount of RM250 and below may be approved by the Chairman and the Secretary or Treasurer at any one time.
Any expenses exceeding the amount of RM200 shall not be incurred without prior written approval by the Committee at any one time.
Expenses exceeding the amount of RM1000 shall not be incurred without prior approval given in a General Meeting.
- The financial statements and the balance sheet for the year shall be prepared by the Treasurer and audited by the Auditors appointed under Article 11 of this Constitution, as soon as possible after the conclusion of the financial year. The financial statements and the balance sheets audited shall be submitted for approval by the next Annual General Meeting and a copy will be provided for members at the place of administration of the Association.
- The financial year of the Association shall commence on 1st January and end on 31st December of each year.
ARTICLE 11 AUDITORS
- Two persons who are not officers of the Association shall be elected at the Annual General Meeting as auditors. They will hold office for one year and may be reappointed.
- The auditor is required to audit the financial statements and balance sheet of the Association for one year and submit a report or certificate at the Annual General Meeting. They will also be required at any time to audit the financial statements and balance sheet of the Association at the request of the Chairman during their service and report back to the Committee.
ARTICLE 12 ADMINISTRATION OF ESTATE
(1) The Association’s immovable property shall be registered in the name of the Association and all instruments relating to such property is valid and enforceable as if the instrument was completed by a registered proprietor provided that the instrument was executed by three Committee member of the Association, which consists of the Chairman, Secretary and Treasurer and their election is confirmed by a certificate from the Registrar of Societies and sealed with the seal of the Association.
(2) All rights and property belongindg to the Association may not be sold, withdrawn or transferred without the consent and authorisation given in a General Meeting of the Association.
ARTICLE 13 INTERPRETATION OF THE CONSTITUTION
- In between sessions of Annual General Meeting, the Committee should interpret the Constitution and if necessary, make decisions in its own discretion where the position of the under the Constitution is unclear on such matters.
- Insofar as it is contrary to or inconsistent with the policy laid down in the general meeting, the Committee’s decision on the members is final unless varied by a decision from the general meeting.
ARTICLE 14 ADVISOR/PATRON
The Committee may, if it deems it necessary, appoint people who are competent to be Advisor / Patron of the Association provided that the appointed person shall give his consent in writing.
ARTICLE 15 PROHIBITIONS
- Any form of gambling as defined in the Common Gaming House Act 1953 is prohibited within the Association’s premises.
- Neither the Association nor its members shall attempt to restrict or in any way interfere with the trade or prices or engage in the trade union movement as defined in the Trade Union Act, 1959.
- The Association shall not organise any lottery, whether confined to its members or not, on behalf of the Association‘s Committee or members without prior approval from the relevant authorities.
- “Benefits” as defined under Section 2 of the Societies Act 1966 shall not be provided by the Association to any of its members.
ARTICLE 16 AMENDMENT OF CONSTITUTION
This Constitution cannot be modified or amended except by a resolution of the general meeting. Application for an amendment to the Constitution should be made to the Registrar of Societies within 60 days from the date of the general meeting in which the amendments was approved and will become effective from the date it is approved by the Registrar of Societies.
ARTICLE 17 DISSOLUTION
- The Association may be voluntarily dissolved by a resolution of not less than three-fifths (3/5) of the members who are entitled to vote at a general meeting called specifically for this purpose.
- If the Association is dissolved in the manner mentioned above, all debts and liabilities of the Association must be paid in accordance with the law and the remaining funds shall be settled in the manner agreed upon by a general .
- Application for the dissolution of the Association shall be delivered to the Registrar of Societies within 14 days from the date of dissolution.
ARTICLE 18 FLAG, EMBLEM, BADGE