Alteration of Rules of the Korean Society of Auckland Inc.
(New Set of Rules)
CHAPTER1 GENERAL PROVISIONS
1. NAME AND REGISTERED OFFICE
1.1 {C}The name of the Society is ‘The Korean Society of Auckland Incorporated’
1.2 {C}The Registered Office of the Society is ‘5 Argus Place, Hillcrest, Auckland, New Zealand’.
2. {C}DEFINITIONS
The following words and expressions in these Rules shall have the following meanings:
2.1 {C}"The Society" means The Korean Society of Auckland Incorporated.
2.2 {C}"The Committee" means the meeting consisting of the president, vice presidents and the Managing Committee members appointed by the president of the Society as referred to in clause 8.1.
2.3 {C}"The Acts" means Incorporated Societies Act 1908 and Charities Act 2005, and any Act and amendment or substitution thereof.
2.4 {C}“GM” means General Meeting which is comprised of an Annual General Meeting(AGM) and Special General Meetings(SGM).
2.5 {C}“Member” means a person referred to in clause 4.
2.6 {C}“Korean” means Korean people or people of Korean descent.
2.7 {C}“KCC” means Korean Community Centre.
3. {C}Purposes of Society
The purposes of Society are to;
3.1 {C}Provide opportunities for people in the Auckland region to experience Korean culture, in the areas of art, food, language, history through events such as “Korean Day” and “Korean Night”.
3.2 {C}Provide settlement support to new Korean migrants via a variety of support programs such as English and computer classes.
3.3 {C}Assist Korean migrants with health, welfare and education via seminars either directly or in collaboration with kindred organizations.
3.4 {C}Provide assistance in accessing free information and services - legal advice, civil consultation, job searching consultation, Justice of the Peace service, smoke-free clinic and acupuncture.
3.5 {C}Provide youth support in education, future vision and life planning via seminars, workshops and forums etc.
3.6 {C}Assist migrant children in understanding their own cultural heritage, language and history.
CHAPTER 2 MEMBERSHIP
4. {C}QUALIFICATION, RIGHTS, OBLIGATIONS AND SUSPENSION
4.1 {C}Qualifications for membership
To become a member, the Applicant, must: be at least 18 years of age, and be of Korean descent and have families who live in Auckland, and must agree to abide by the Society’s rules upon registration as a member. Honorary members can be of non-Korean descent.
4.2 {C}Types of Members
4.2.1 {C}Ordinary Members: Ordinary Members shall be those persons who are registered as a member of the Society with successful annual membership fee payments.
4.2.2 {C}Associate Members: Associate Members shall be those persons who are registered as a member of the Society.
4.2.3 {C}Honorary Members: Honorary Members shall be Korean diplomats, their families and persons who have been recommended through a resolution of the Committee.
4.3 {C}Rights of Members
4.3.1 Ordinary members shall be entitled to stand for and vote for the President or Auditor, and shall be entitled to vote at a GM. However, they are required to pay annual membership fees.
4.3.2 Associate members shall be entitled to vote for the President or Auditor but shall have no right to vote at a GM.
4.3.3 Honorary members do not have any voting rights.
4.4 {C}Suspension of Membership and Limits of Rights
An ordinary membership will be suspended if the membership fee is overdue. In such a case, the delinquent member will automatically revert to an Associate Membership.
The Committee may suspend or expel any member of the Society who;
4.4.1 {C}willfully disobeys any of the rules, including situations where a member hinders the progress of a GM, and is expelled from a GM meeting by its Chairperson.
4.4.2 {C}seriously discredit the honor of the Society, or;
4.4.3 {C}is found guilty of any conduct including violence in a public place
The Committee may control the admission of the members to the KCC or its events when an individual significantly disturbs the business of the Society or when the Board recognizes that it is necessary to take urgent action
5. {C}PAYMENT OF FEES AND LEVIES
Ordinary member shall pay the annual membership fees to the Society. The change of fees / levies may from time to time be determined by the Committee.
6. {C}REGISTER OF MEMBERS
The Society shall keep a register of its Members containing the names, addresses, descriptions of its Members, the date upon which they became Members and their payment of subscriptions.
CHAPTER 3 MEETINGS
7. {C}GENERAL MEETINGS
7.1 An AGM of the Society shall be held annually in June. The Committee will determine the time and place of an AGM. The business of the AGM shall be;
7.1.1 {C}Approval of the previous meetings minutes;
7.1.2 {C}To receive the annual report and the audited annual statements of the income and expenditure and assets and liabilities of the Association;
7.1.3 {C}To report event plans and budgets during remaining period;
7.1.4 {C}Any agenda adopted by the executive board.
7.2 {C}A SGM may be convened at any time;
7.2.1 {C}By the call of the Managing Committee, or
7.2.2 {C}At the written request which is signed by at least 1/3 of Ordinary Members of the Association, or
7.2.3 {C}By the call of the President or the Auditor.
7.3 {C}Notice of a GM
Fourteen day notice shall be given to Ordinary members via the Society’s website before a GM.
7.4 {C}Quorum and Resolution
7.4.1 {C}A quorum for a GM is obtained by at least 40 Ordinary Members or their proxy by means of the association’s proxy form.
7.4.2 {C}A proxy shall be Korean and their families who are at least 18 years of age and may apply “one proxy voting”.
(Votes of ordinary members may apply two including a proxy.)
7.4.3 {C}If half an hour from the time appointed for the meeting to begin a quorum of members is not present, the meeting, if convened upon the request of members shall be dissolved.
7.4.4 {C}Resolutions at the GM shall be passed by a simple majority of the Ordinary Members present, including those voting by proxy, unless expressly stated elsewhere in this constitution.
7.5 {C}Voting at a GM shall be by show of hands or by secret ballot. In the case of votes being equal, the chairman shall have a second, and deciding, vote.
7.5.1 {C}Any motions signed by at least 30 Ordinary Members shall be submitted to the office of the Association. This should be done at least two working days before the GM.
7.5.2 {C}Any motions may be submitted on the date of the GM but approval shall be passed by simple majority of the Ordinary Members present.
8. {C}THE MANAGING COMMITTEE
8.1 {C}Managing Committee Members
The affairs of the Society shall be conducted by the Committee which shall consist of more than 4 members including the president, vice-presidents, the secretary and treasurer, and up to 20 managing members appointed by the president.
8.2 {C}President’s power to Appoint and Revoke the Committee Members
The President shall have power to appoint or revoke the member of the Managing Committee
8.3 {C}President’s Incapacity
8.3.1 {C}If the President becomes incapable of fulfilling his/her duty less than six months prior to the next scheduled election, a vice president will assume the role. If there are two or more vice presidents, the Committee will elect one of them.
8.3.2 {C}If the incapacity occurs less than 1 year [and more than 6 months] prior to the next scheduled election, the committee shall determine whether to:
8.3.2.1 Appoint a vice president to assume the role for the balance of the President’s term, or
8.3.2.2 Hold a by-election to fill the position. If a by-election is held, the coming president shall hold the position for the balance of the current term plus another full term as specified in clause 9.3.
8.3.3 If the incapacity occurs more than 1 year prior to the next scheduled election, the Society shall hold a by-election to fill the position. The incoming president shall hold the position for the balance of the current term.
8.4 {C}Duty of Managing Committee Members
When directors found that there is likely to be significant damage to the Society during the performance of their duties or when they recognised that there may be a concern in terms of a violation of the relevant laws and the present rules of the Society, directors shall immediately report this to the auditor.
8.4.1 The Secretary’s duties:
8.4.1.1 Recording the minutes of Meetings;
8.4.1.2 Keeping the Register of Members;
8.4.1.3 Holding the Society's records, documents, and books;
8.4.1.4 Receiving and replying to correspondence as required by the Committee;
8.4.1.5 Retaining the common seal of the Society
8.4.2 The Treasurer’s duties:
8.4.2.1 Recording all income and expenses and produce the financial reports. Providing a financial report and statement of accounts every month to the Committee and once approved, disclosing the reports to the members via the Society’s website;
8.4.2.2 Providing a financial report at each AGM;
8.4.2.3 Forward the annual financial statements for the Society to the Registrar of Incorporated Societies and or any other statutory office upon their approval by the Members at an AGM.
8.5 {C}Operating of the Office
The Society may employ paid or voluntary staff to perform any of the office duties required.
8.6 Meeting of the Committee
8.6.1 Request for the meeting
The Committee shall meet together to conduct the business of the Society. No committee meeting may be held unless more than three members of the Committee attend, or upon the request of the President.
8.6.2 Decision
The quorum necessary for the transaction of the business of the Committee shall be at least half of the members of the Committee. Decisions of the Committee shall be completed by a majority vote. In the case of an equality of votes the Chairperson has a second or casting vote.
8.7 Powers of the Managing Committee
The management of the Society shall be vested in the Committee and the Committee may exercise all powers and do all acts and things as the Society is by its rules or otherwise authorized to exercise and do without limiting the generality of the Committee may in particular do any of the following;
8.7.1 {C}To frame a proposal for amending the Rules and refer it to the GM;
8.7.2 {C}To deliberate on the accounts of the Association and to determine the membership fees;
8.7.3 {C}To deliberate on the qualification of members;
8.7.4 {C}To vote on any matter not specifically provided in the Rules of the Society;
8.7.5 {C}To appoint a Special Committee and its chairperson when required;
8.7.6 {C}All items and important issues decided in the monthly Committee meeting are to be submitted to the subsequent GM;
8.7.7 {C}The Committee members shall have complete discretion in denying any application if they have any reason to believe a person is unsuitable for any reason or if the applicant had previously been expelled or suspended from membership by a resolution of The Committee pursuant to clause 4.4.
CHAPTER 4 ELECTED OFFICIALS & SPECIAL COMMITTEES
9. {C}ELECTED OFFICIALS – PRESIDENT AND AUDITOR
9.1 Eligibility of Candidate
A member wishing to be a candidate for the position of the President or Auditor of the Association shall have New Zealand citizenship or permanent residence, be an Ordinary Member and have no criminal record.
The candidates must register as a candidate by the prescribed formalities of the Election Committee with Member’s names and their signatures on the prescribed recommendation form.
If there are no other suitable candidates for the position of Auditor, the Committee shall have the authority to appoint the Auditor recommended by the President. The potential candidate’s accounting ability and experience will be taken into consideration.
9.2 Term of Office
The term of office of the president and the auditor is two-years after which they may be reappointed or re-elected.
9.3 Business Succession
President of business succession should be conducted in the presence of the auditor within 1 month after the inauguration.
9.4 Impeachment
President and Auditor elected or Auditor nominated under the recommendation of the President and approval from the GM, are meeting the majority of the total membership and meeting the quorum with more than 1/3 full membership and attendance, more than two-thirds in favor of membership of the impeachment. If more than half of the total membership is not present, the impeachment is automatically canceled.
10. {C}THE PRESIDENT’S DUTIES
10.1 {C} Ensuring that the Rules are followed and, through his/her best efforts achieve the Society’s purposes, promote harmony and unity among Korean people and their families residing in Auckland, New Zealand;
10.2 {C} Chairing GM, any Committee meetings, organizing Special Committees, chairing any Advisory/Consultative Committee meetings to achieve the purposes of the Society and organizing the jobs from consultation to operation.
10.3 {C} Overseeing the operation of the Society and reporting at the AGM;
10.4 {C} Advising the Registrar of Incorporated Societies, or any other registry office if necessary, of any rule changes;
10.5 {C} The President shall have power to appoint persons who have managerial ability and a reputation in good standing, or who have been recommended by members of the Korean community to be members of an Advisory and Consultative Committee and who shall advise on general matters relating to the Society
11. {C}AUDITOR’S DUTIES
11.1 {C} The auditor audits and reports on a regular basis his/her findings to the General Assembly. The auditor audits the business execution and asset management matters of the executive board, may at any time be required to submit data on the times and the accounting for the business-related services directors, audit work is performed pursuant to the submissions it receives.
11.2 {C} The auditor may request the executive committee convened by the executive board to submit a note in writing detailing the purpose for convening the meeting convened, if necessary he/she can participate in the meeting and can be stated.
11.3 {C} If the Auditor is unable or unfit to perform their duties, refer to the 9.2 ;
12. SPECIAL COMMITTEE
The Committee may compose SPECIAL Committees for any specific business purposes such as the Election Committee and the KCC Management Committee and has the power to approve the methods of those Specific Purpose Committee.
12.1 {C} General Rules
12.1.1 {C}Special Committees shall establish budgets, time frames and may adopt procedures to manage their specified businesses with the approval of, or at the direction of The Committee.
12.1.2 {C}These rules of the Special Committees are to be archived in the office of the Association for the ordinary members to access.
12.2 {C} KCC Management Committee (“KCC Committee”)
12.2.1 Ownership and Management
The Korean Society is the sole owner of the KCC premises. The authorised persons of the premises are the incumbent President and auditor of the Society, and the chairperson of the KCC committee. However, the authorised persons do not possess a substantial ownership of the KCC premises. Any changes to the authorised persons should be reported, and acted upon, within two weeks.
12.2.2 Operational Type and Responsibility
The finance of the KCC shall be operated independently and is self-supporting. The KCC committee may not impose any cost to the Society in association with the use by the Society itself. The Committee Chairperson, who is appointed from the external of the Society, has a total financial responsibility for the KCC premises. No payment for the committee’s meetings can be made. The president of the Korean Society is responsible for the operation of the KCC premises.
12.2.3 Composition of the committee
12.2.3.1 Composition and Term of the Membership
The committee will be composed of five members of the society including the president and the auditor, and also five members out of the Managing Committee, recommended, including the chairperson in every other year. The term of the membership is two years after which members may be reappointed.
12.2.3.2 Meeting and Decisions
The committee will hold meetings in every quarter. Any meeting can be made by the present of a majority and any vote will be determined by a majority of the voting members. The chairperson, at his discretion, shall have a deciding vote if needed.
The sale or purchase of the KCC premises can be proposed to a GM by the committee only, requiring ten unanimous approval votes of all members. Again it may be determined by two-thirds majority vote of enrolled members of the Society in a GM.
12.2.3.3 Status of Rules
All the other detailed rules are subject to the rules of the Society. The priority status of the rules must be taken into consideration and governed by such status.
12.3 {C}Election Committee
The election for the President and the Auditor shall be held in the month of May of the election year and the election management is conducted according to its rules of the Committee. .
12.3.1 Appointment of the Chairperson
The chairperson of this committee is appointed by the decision of the Managing Committee and the Chairperson of Election Committee shall compose of seven members including the Chairperson.
12.4 {C}Dispute Resolution Committee
12.4.1 Purpose
The dispute resolution committee is to review and compromise any dispute(s) that may arise in terms of the managing the Society, and that may be proposed by more than 40 ordinary members.
12.4.1 Composition and Terms of members
The members of a dispute resolution committee shall be appointed in a GM, after accepting a recommendation from the Managing Committee following a public notice of the Society. The committee will be composed of five members and a chairman who will be appointed by a majority agreement of the committee. The term of office of committee members is two-year after which they may be reappointed
12.4.2 The Process of Dispute Resolution
The process of application, procedure, appeal, and details will comply with its rules and relevant Acts.
CHAPTER 5 FINANCIAL AND ADMINISTRATIVE MATTERS AND MISCELLANIES
13. THE RULES
13.1 {C} Keeping the rules
The rules of the Society are to be kept in Korean and English in the website of the Society for the members to access any time.
13.2 {C} Alteration of the rules
With the exception of ‘Clause 24 Special Clause’, the Society may alter or replace these Rules at a GM by a resolution passed by a two-thirds majority of those Ordinary Members present at voting, including those by proxy at a GM.
14. THE COMMON SEAL
The Association shall have a common seal. All the documents shall be considered to execute on behalf of the Society if;
14.1 {C}The common seal is attached to the document; and
14.2 {C}The document is witnessed by the President, one of the Secretaries or the Treasurer, and countersigned by one other member of the Committee.
15. CHEQUES
All the cheques shall be signed or endorsed in such manner as instructed by the Committee.
16. BOOKS AND FINANCIAL STATEMENTS
16.1 {C} The Society is required to maintain accurate accounting record books in which shall be kept full, true and complete accounts of the affairs, assets and transactions of the Society.
16.2 {C} At the end of each financial year and at such other times as the Committee may decide, an income and expenditure account and a statement of assets and liabilities of the Society shall be prepared, examined and transactions verified by the Auditor of the Society.
16.3 {C} The Society shall file Annual Returns to the Registrar of Incorporated Societies and the Charities Commission as required pursuant to the Acts.
17. THE FINANCIAL YEAR
17.1 {C} The Financial Year of the Society 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.
18. NO PECUNIARY GAIN
18.1 {C} (Ban of Cash benefits) The members are prohibited from acquiring financial interests through the property and business of the Society, except in those circumstances allowed both by law and the articles of the Society’s rules.
19. INVESTMENT
19.1 {C} 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 are not immediately required for the business of the Society. In exercising this power of investment, The Committee shall exercise the care, diligence and skill available to them in managing the affairs of the Society. The prior approval of a GM must be obtained for any investment totaling $20,000.00 or more.
20. BORROWING POWER AND LIMITATIONS
20.1 {C} The Society shall have the power to borrow or raise money from time to time by the issuing of debentures, bonds, mortgages or any other securities founded or based on all or any of the property and/or rights of the Society or without any such security and upon such terms as to property and otherwise as the Association shall think fit. However, the authority to borrow or raise money shall not be exercised except pursuant to a resolution to that effect passed by a two thirds majority of Ordinary members present at a GM.
20.2 {C} The Society shall have power to borrow the maximum amount of loan $10,000 but this cannot be transferred to the next president as debt, except a KCC loan.
20.3 {C} In case the Society borrowed a loan, the Society shall submit detailed reports including reason of the loan, principal and interest, future plan for the repayment to a GM.
20.4 {C} (Ban of Cash benefits) The Society is prohibited from obtaining any loan from the President or directors and from giving a financial interest to the member even if the Society accepts a loan from a member.
21. Winding Up
21.1 {C} Proxies will not be counted for this Clause. The Society may be wound up voluntarily if the Society at a GM passes a resolution by a two-thirds majority of Ordinary Members present requiring the Society 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.
The business of winding up shall not be conducted unless a quorum of half of all Ordinary Members is present at the subsequent GM. The final resolution may then be confirmed by a two-thirds majority of Ordinary Members present. If a quorum of Ordinary Members is not present half an hour after the time appointed for the meeting, the meeting shall be dissolved and the original winding up resolution shall be vacated.
21.2 {C} In the event of the Society being wound up, any surplus assets, after payment of the Society’s liabilities and the expenses of the winding up, shall not be divided among members on the winding up date but shall be given or transferred to another Charitable Organization 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.
22. The other matters not prescribed in these Rules are subject to the Acts and relevant laws.
23. The Rules are effective from the date of the approval of a GM.
24. Special Clause
This clause applies when the fund is transferred to the Society from the Overseas Korean Foundation through the Consulate of the Republic of Korea in Auckland (“the Consulate”).
24.1 {C} When this clause applies, the Society shall discuss with the Consulate and shall have permission when there is any change of usage and ownership and it is to sell.
24.2 This clause cannot be deleted or altered without the written approval from the Consulate, even if the Society intends to make amendments in the future.
(The Rules of the Society amended by resolution dated on 27 June 2015).
<The Committee for Change of the Rules of the 13th Korean Society of Auckland Inc. >
Members: Five in all: Shichung Yoo, Kyungtag Oh, Jinwan Park, Susan Lim, James Byung-Gab Ha (Chairperson).
