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Alteration of Rules of the Korean Society of
(New Set of Rules)
1. NAME
1.01. The name of the Association shall be "The Korean Society of Auckland Incorporated".
2. DEFINITIONS
2.01. The following words and expressions in these Rules shall have the following meanings:
"The Association" means The Korean Society of Auckland Incorporated.
"The Committee" means the executive committee appointed by the general meeting or by the president of the Association referred to in clause 10.01.
"The Act" means Incorporated Societies Act 1908 and any Act and amendment or substitution thereof.
"Member" means any person who becomes a member of the Association pursuant to these Rules.
"The Executive Committee" means the committee referred to in section 10 of the Rules.
"Financial Member" means a member who has paid the membership fee.
3. OBJECTS
3.01. The Association shall have the following objects:
(a) To cultivate friendship, unity and good will among Korean people and their families who live in
(b) To promote and encourage the development and welfare of the Korean community in
(c) To promote the appreciation, understanding and practice of Korean culture,
(d) To promote friendly relations between
(e) To support the settlement in
(f) To raise and employ funds for the purpose in accordance with these objects,
(g) To acquire and dispose of any rights in property where appropriate in furtherance of these objects,
(h) To organise and promote activities which will assist in the achievement of these objects, and
(i) To do all such things as shall be conducive or incidental to the achievement of any of these objects.
(j) To maintain political neutrality and not to belong to any political party.
(k) To support members in need as the Association thinks necessary and reasonable.
4. MEMBERSHIP
4.01. Members shall be those who are at least 18 years of age and current residents of
4.02. The membership of the Association shall consist of (a) Ordinary Members, (b) Associate Members and (c) Honorary Members.
4.03. Ordinary Members
4.03. Ordinary Members are those persons who are ethnically Korean or Korean descendants holding either a
4.04. Associate Members
The Associate Members shall be those persons who are Korean students or Korean employee of Korean companies, who have lived in Auckland of New Zealand more than 6 months, otherwise at least 2 years if he or she has lived for other purposes.
The Associate Members shall be those persons who are Korean students or others who have lived in Auckland of New Zealand for more than 12 months, otherwise at least 2 years if he or she has lived for other purposes.
4.05. Honorary Members
Honorary Members shall be Korean diplomats and their families, and Koreans and persons of the third nationality who have been recommended through a resolution of the Committee. Honorary members shall not have a voting right.
4.06. To become a Member, the applicant must:
(a) Complete an application form with payment of membership fee; and
(b) Supply any other information the Committee requires.
(c) The Committee shall have complete discretion whether or not to let the applicant become a Member.
4.07. A Member shall cease to be a Member of the Association in any of the following events:
(a) In writing to the Association to resign from membership,
(b) Having failed to pay his/her subscription 12 months after the date appointed for the payment his/her name may be removed from the Association’s Register of Members upon authorisation by a resolution of the Committee,
(c) If he/she shall be expelled from membership by a resolution of the Committee pursuant to Rule 20.01.
5. SUBSCRIPTIONS AND LEVIES
5.01. Each member shall pay to the Association membership fees, including subscriptions and levies as may from time to time be determined by the Committee.
6. REGISTER OF MEMBERS
6.01. The Association shall keep a register of its Members containing the names, addresses and descriptions of its Members, the date upon which they became Members, and their payment of subscriptions.
7. REGISTERED OFFICE
7.01 The Association shall have a registered office which sha11 be at
7.02. The registered office of the Association to date from shall be
8. ALTERATION OF RULES
8.01. Subject to section 21 of the Act these Rules or any of them may be altered, added to or rescinded by a resolution passed by a two-thirds majority of the members present at a General Meeting.
9. GENERAL MEETINGS
9.01. An AGM of the Association shall be held annually in May. The time and the place shall be determined by the Committee. All other general meetings shall be called special general meetings.
9.02. Special general meetings may be convened at any time by
A Special General Meetings shall be convened to elect a president and an auditor of the Association every two years. Such SGM shall be held not less than 3 weeks before AGM of the year, with the president’s inauguration to be conducted at the AGM. Or SGM may be convened at any time
(a) The secretary under the direction of the Committee, or
(b) On the requisition of not less than 30 members of the Association, or
(c) On the requisition of the President.
9.03. Fourteen days notice of any annual general meeting or special general meeting shall be given to members and such notice shall specify the general nature of any business intended to be transacted at such meeting.
9.05. The voting at annual general meetings or special general meetings shall be taken as the chairman shall direct but any member present may demand a poll which shall be immediately taken in a manner determined by the chairman and the result declared by the chairman. In case of equality of votes the chairman shall have a second or casting vote.
9.06. The business of the Annual General Meeting shall be
(a) To receive the annual report of the Committee,
(b) To receive the duly audited annual statements of the income and expenditure and assets and liabilities of the Association,
(c) To elect a president and an auditor of the Association every two years,
(d) To fix the auditor’s remuneration (If any),
(e) To transact any other business of which notice in writing has been given to the secretary at least 14 days prior to the last day upon which notice of meetings may be given.
9.07. No business shall be transacted at any general meeting unless a quorum of 40 members present at the commencement of such business. Such quorum shall unless determined by a general meeting be one-fifth of the members either personally present or represented by proxy save as hereinafter provided for in clause 9.08 hereof.
No business shall be transacted at any general meeting unless a quorum of 40 members present at the commencement of such business. Such quorum shall unless determined by a general meeting be one-fifth of the members who paid the membership fee either personally present or represented by proxy save as hereinafter provided for in clause 9.08 hereof.
9.08. If within half an hour from the time appointed for the meeting a quorum of members is not present the meeting if convened upon the requisition of members shall be dissolved. In any other case it shall stand adjourned to some convenient time and place to be determined by a majority of the members then present (including those by proxy) and if at such adjourned meeting a quorum of members as provided for in clause 9.07 hereof is not present the members then present shall constitute a quorum.
9.09. No member shall be eligible to vote at any meeting either in person or by proxy unless the member shall be a Financia1 Member. A member shall be deemed to be a Financial Member who paid the membership fee of the current or previous financial year.
9.10. Subject to the foregoing provisions every member shall have one vote.
"Proxy voting" shall not apply to the election of the president and the auditor.
9.11. Resolutions at the annual general meeting or a special general meeting shall be passed by a bare majority of the members present.
Resolutions at the annual general meeting or a special general meeting shall be passed by a bare majority of the members present.
Election for the president and the auditor is referred to at clause 10.03
10. THE EXECUTIVE COMMITTEE
10.01. The affairs of the Association shall be conducted by the Committee which shall consist of the president, and the vice-president, the secretary, the treasurer and up to 25 executive members appointed by the president including a general affairs officer, a public information officer, a cultural affairs officer, a sports officer and a women’s affairs officer.
10.02. The President shall have power to appoint a member to fill any vacancy on the Committee, and their title can be relinquished if they cause any hindrance to the development of the Association.
10.03. The President and the auditor shall be elected every 2 years and may be eligible for re-election once. They shall be elected by the highest number of votes.
10.04. A Financial Member who wants to be a president of the Association shall have
Financial Member who wants to be a president of the Association shall have
If there are two or more vice presidents, the committee will elect one of them.
must be a member of the New Zealand Society of Accountants, and must not be a Member of the Association, and must register as a candidate in a given period of time by going through prescribed formalities of the Election Management Committee.
If there is no candidate of the auditor, the Advisory and Consultative Committee shall appoint the auditor of the Association.
10.05. The President’s duties are to:
(a) Ensure that the Rules are followed;
(b) Chair general meetings and any Committee meetings;
(c) Oversee the operation of the Association;
(d) Give a report on the operation of the Association at each Annual General Meeting;
(e) Advise the Registrar of Incorporated Societies of any rule changes;
Advise the Registrar of Incorporated Societies, or any other registry office if necessary, of any rule changes;
(f) Advise the Registrar of Incorporated Societies of any alteration to the Rules.
(g) The President shall appoint persons who have managerial ability and reputation for virtue and been recommended by every circles of Korean societies to be members of Advisory and Consultative Committee and they shall advise on the general matters relating to the Association.
10.06. The Vice-President shall assist the President and in the event of his/her absence or incapacity shall preside over the business affairs of the Association as an acting president.
10.07. The Secretary’s duties are to:
(a) Record the minutes of Meetings;
(b) Keep the Register of Members;
(c) Hold the Association's records, documents, and books;
(d) Receive and reply to correspondence as required by the Committee;
(e) Retain the common seal of the Association.
10.08. The Treasurer’s duties are to:
(a) Collect and receive all payments made to the Association. These payments must be banked within seven days after the Treasurer receives them;
(b) Keep a true and accurate record in the Association’s account book, so that the Association’s financial situation can be clearly understood at any point in time;
(c) Give a financial report and statement of accounts (including an Income and Expenditure Account and Balance Sheet) at each Annual General Meeting;
(d) Forward the annual financial statements for the Association to the Registrar of Incorporated Societies upon approval by the Members at an Annual General Meeting.
(a) Record all income and expenses, including membership fees, donations etc. and produce the financial reports.
(b) Provide a financial report and statement of accounts every month to The Committee and publish same, once approved, via the association’s website;
(c) Give an annual financial report at the AGM
(d) Forward the annual financial statements for the Association to the Registrar of Incorporated Societies and or any other statutory office upon approval by the Members at the AGM.
10.09 The Association may employ paid or voluntary staff to perform any of the office duties required.
11. MEETING OF THE EXECUTIVE COMMITTEE
11.01. The Committee shall meet together for the dispatch of business, adjourn and otherwise regulate its meetings as it sees fit. Questions arising at any meeting shall be decided by a majority of votes. In the case of an equality of votes the chairman shall have a second or casting vote. Any 3 members of the Committee or the secretary on the requisition of any such 2 members shall at any time summon a meeting of the Committee or upon the requisition of the President.
11.02. The quorum necessary for the transaction of business of the Committee shall be at least half of the members of the Committee.
11.03. The President shall preside as chairman at every meeting of the Committee. If there is no president or unable to attend, the Vice-President shall preside as the chairman.
12. POWERS OF THE EXECUTIVE COMMITTEE
12.01. The management of the Association shall be vested in the Committee and the Committee may exercise all powers and do all, acts and things as the Association is by its rules or otherwise authorized to exercise and do without limiting the generality the Committee may in particular do any of the following;
(a) To frame a proposal for amending the Rules and refer it to the Annual General Meeting;
(b) To deliberate on the accounts of the Association, determine the amount of membership fees and refer these matters to the Annual General Meeting;
(c) To deliberate on the qualification of members and on the requisition for a special meeting laid by more than 30 members of the association,
(d) To vote on any matter not specifically provided in the Rules of the Association;
(e) To deliberate on the decision of the Consultative Committee or Advisory Committee.
(f) To appoint Specific Purpose Committee and their chairperson.
13. THE ELECTION MANAGEMENT COMMITTEE
13.01. In order to carry out the election of the President and Auditor every two years the Committee shall appoint a chairperson of the Election Management Committee to form a committee to administer the election. The chairperson of the Election Management Committee shall form the Election Management Committee within 10 days and publicize the date and rules of the election within 2 months.
13.02. The Election Management Committee shall have a power to fulfill the election of a president and an auditor according to the Rules of Association.
13.03. Any payment that the Election Management Committee has received in relation to the entry of candidature in 10.04. shall belong to the Association, but the expenses for the administration of the election shall be deducted.
13.04. Any member of the Committee who runs for the President should resign from the position of the Committee before the registration as a candidate.
13. THE SPECIFIC PURPOSE COMMITTEE
13.01. The Committee may constitute Specific Purpose Committee for any specific business, such as the Election Management Committee and Cultural centre committee, and has the power to approve the methods of those Specific Purpose Committee.
13.02. Specific Purpose Committee shall establish; a budget, a time frame, and may adopt procedures to manage their specified business with the approval of, or at the direction of The Committee.
13.03. Specific Purpose Committee shall report to The Committee on their progress regularly as required by The Committee.
13.04. Specific Purpose Committee will be dissolved after completion of their business or by a decision of the Committee.
14. THE COMMON SEAL
The Association shall have a common seal. A document shall be executed on behalf of the Association if:
(a) The common seal is attached to the document; and
(b) The document is witnessed by any one of the Chairperson, Secretary, or Treasurer, and countersigned by one other member of the Committee.
15. CHEQUES
15.01. All cheques shall be signed or endorsed in such manner as the Committee shall from time to time direct.
16. BOOKS AND FINANCIAL STATEMENTS
16.01. The Association shall cause to be kept proper books of account in which shall be kept full, true and complete accounts of the affairs, assets and transactions of the Association.
16.02. At the close of each financial year and at such other times as the Committee may elect an income and expenditure account and a statement of assets and liabilities of the Association shall be prepared and shall be examined and the correctness thereof ascertained by the Auditor of the Association.
16.03. The Association shall deliver annually to Registrar of Incorporated Societies all statements required to be filed pursuant to the Act.
The Association shall file Annual Returns to the Registrar of Incorporated Societies and the Charities Commission, or any other as required pursuant to the various acts.
17. AUDITOR
17.01. If the elected Auditor is unable to act for some reason, the Advisory and Consultative Committee shall appoint another Auditor as a replacement.
17.02. The auditor shall be supplied with a copy of the accounts and statements of the Association.
17.03. The auditor shall make a report to the Members upon the statements and accounts as provided and in every such report state whether the same are full and fair accounts and statements and exhibit a true and correct view of the Association's affairs.
18. THE FINANCIAL YEAR
18.01. The Financial Year of the Association begins on 1 April of every year and ends on 31 March of the next year subject to government policy with regard to the financial year.
19. PECUNIARY GAIN
19.01. No member shall receive or obtain any pecuniary gain from the property or operation of the Association except by those circumstances provided for in law and by the rules of the Association.
20. SUSPENSION OR EXPULSION
20.01. The committee may suspend or except from membership of the Association when any member willfully disobeying any of the rules, being guilty of any conduct, rendering him or her in the opinion of the Committee, unfit or unsuitable to be a member of the Association, or deserving of suspension.
21. INVESTMENT OF FUNDS
21.01. The Committee may from time to time invest and re-invest in such securities and upon such terms as it shall think fit the whole or any part of its funds which shall not be required for the immediate business of the Association. In exercising this power of investment, the Committee shall exercise the care, diligence and skill available to them, in managing the affairs of the Association. The prior approval of a General Meeting of members must be obtained for any investment of a sum over $2500.00.
22. BORROWING POWERS
22.01. The Association shall in addition to the other powers invested in it have the power to borrow or raise money from time to time by the issue of debentures, bonds, mortgages or any other security founded or based on all or any of the property and/or rights of the Association or without any such security and upon such terms as to property and otherwise as the Association shall think fit but the powers of so borrowing or raising money shall not be exercised except pursuant to a resolution to that effect passed by a two thirds majority of members present at a General Meeting.
22.02. The Committee shall have no power to borrow money.
23. WINDING UP
23.01. The Association may be wound up voluntarily if the Association at a General Meeting passes a resolution by a simple majority of members present requiring the Association to be wound up voluntarily, and the resolution is confirmed at a subsequent General Meeting called together for that purpose and held not earlier than thirty days after the date on which the winding up resolution to be confirmed was passed.
The Association may be wound up voluntarily if the Association at SGM passes a resolution by a simple majority of members present requiring the Association to be wound up voluntarily, and the resolution is confirmed at a subsequent GM convened for that purpose only and held not earlier than thirty days after the date on which the original winding up resolution was passed.
Business of winding up shall not be transacted unless a quorum of half of all ordinary members are present at the subsequent GM. The final resolution may then be confirmed by a simple majority of Ordinary members present. If a quorum of members are not present within half an hour after the time appointed for the meeting, the meeting shall be dissolved and the original winding up resolution shall be vacated.
23.02. In the event of the Association being wound up the surplus assets after payment of the Association’s liabilities and the expenses of the winding up shall not be divided among members at the date of winding up but shall be given or transferred to another organisation within New Zealand having objects substantially similar to those stated in Rule 2, such gift to be determined by the Committee at or before the date of winding up.
In the event of the Association being wound up the surplus assets after payment of the Association’s liabilities and the expenses of the winding up shall not be divided among members at the date of winding up but shall be given or transferred to another Charitable Organisation within New Zealand having objects substantially similar to those stated in Rule 3, such gift to be determined by the Committee at or before the date of winding up.
