CONSTITUTION AND RULES
1.1 The name of the Association shall be:
THE NATIONAL COURIER ASSOCIATION.
2 THE AIMS OF THE ASSOCIATION
2.1 The aims of the Association shall be:
2.1.1 To maintain a national network of independent courier companies, providing an infrastructure for competitive same-day delivery services, endeavouring to have two members in each town throughout the United Kingdom.
2.1.2 To extend and improve the existing network as required by the addition of new or replacement members in locations where no member exists or where additional membership would benefit the Association.
2.1.3 To provide meetings, seminars etc, to discuss topics of mutual interest, to inform and update members about recent developments in the industry.
2.1.4 To encourage inter-trading between members to increase mutual profitability.
2.1.5 To promote and maintain higher standards and quality of service throughout the Association.
2.1.6 To promote the Association.
2.1.7 To seek other business for the benefit of membership.
2.1.8 To seek and create advantageous purchasing opportunities for the benefit of the membership.
2.1.9 To protect the interests of members.
2.1.10 To generate an atmosphere of mutual trust and co-operation amongst members.
3. THE POWERS OF THE ASSOCIATION
3.1 The Executive Committee following a two-thirds majority decision of the National Committee shall have the following powers:
3.1.1 To carry on any trade or business whatever which can, in the opinion of the Executive Committee to the advantage of the aims of the Association.
3.1.2 To enter into, undertake and perform agreements, contracts and sub-contracts.
3.1.3 To expend money belonging to the Association in order to carry out any plans which it may have.
3.1.4 To invest and deal with the moneys of the Association not immediately required in such a manner as may from time to time be determined and to hold or otherwise deal with any investments made.
3.1.5 To do all or any of the things and matters in this clause in any part of the world and either as principals, agents, contractors or otherwise, and by or through agents, brokers, sub-contractors or otherwise and either alone or in conjunction with others.
3.1.6 To employ any person or persons for any reason that the Executive Committee thinks fit.
3.1.7 To enter into any arrangement with any government or authority (supreme, municipal, local or otherwise) that may seem conducive to the attainment of the Association's aims or any of them.
3.1.8 To incorporate and promote any Company for the purpose of acquiring the whole or any part of the business or property or undertaking or any of the liabilities of the Association or of undertaking any business or operations which may appear likely to assist or benefit the Association or to enhance the value of any property or business of the Association.
3.1.9 To do all such other things as may be deemed incidental or conducive to the attainment of the aims of the Association.
AND so that:
3.2 The powers in this Constitution and Rules shall be given the widest interpretation unless otherwise specified.
3.3 Each of the powers in this Constitution shall be treated as being equal and separate.
4. TYPE OF MEMBERSHIP
4.1 Membership will be applied in the following categories: -
4.1.1 Urban - a location where normal levels of business may be expected.
4.1.2 Provincial - a location determined by the Association to have a lower level of business than in an Urban area.
4.1.3 Rural - a location determined to be advantageous to the Association in providing national coverage but with limited volumes of business.
4.1.4 Additional Offices - available to existing Full Members at an additional Urban, Provincial or Rural location. Membership is restricted to a maximum of four offices.
4.1.5 Satellite Offices - restricted to Full Members at a designated Urban, Provincial or Rural location and operated completely from a remote office. Evidence must be shown that supports an established client and courier presence in that area.
4.1.6 Associate - the National or Executive Committee may grant Associate membership to any company in the UK which provides same-day courier services which is not their principal activity, or any same-day courier company outside the UK if it is believed that membership would be of benefit to the Association. Associate members will appear on a separate list.
4.1.7 Affiliate – the National Committee may grant membership to any company or individual if it is believed that membership would be of benefit to the Association.
5 CRITERIA FOR MEMBERSHIP
5.1 Provisional Membership
Will be offered to any courier company making a formal application provided they are able to meet the following criteria; -
5.1.1 The applicant must be an independent courier company established for a minimum of two years, operating a same-day courier service as their principal activity at an urban location. A franchisee of a national group of courier companies or a branch office of a national group would not normally be eligible for membership.
5.1.2 All Full Members operating in the area in which the applicant is located agree that a further member would be advantageous to the Association and that the National or Executive Committee upheld the decision.
5.1.3 Unless any Full member of the Association can provide any reasonable objection for withholding membership supported by credible evidence in writing.
5.1.4 The applicant agrees to abide by the Code of Practice and Constitution & Rules of the Association and maintain the Aims of the Association.
5.1.5 A satisfactory inspection of the applicant’s premises vehicles and management systems by a representative of the Association appointed by the National or Executive Committee, Administrator or Membership Coordinator. The Association and its representatives will treat all information that is of a sensitive nature in strictest confidence.
5.1.6 The subscription required is paid on the due date.
5.1.7 New members will be regarded as Provisional Members for twelve months from the date of joining.
5.1.8 The National or Executive Committee may decide to extend the period of Provisional Membership for a further six months if this is deemed to be in the interests of the Association and the new member. The Provisional Member will be advised in writing and if this extension is proposed and details will be published to all existing members.
5.1.9 Following the probationary period membership will convert automatically to Full Member status unless objections are received – in this instance, refer to Section 8.
5.1.10 Provisional Members are not entitled to vote.
5.2 Full Membership
Full membership will be offered to a Provisional Member provided they: -
5.2.1 Have successfully completed the probationary period.
5.2.2 Continue to meet the criteria laid down by the Association.
5.2.3 Membership may be withdrawn if the National or Executive Committee decide that action taken by the member is in breach of the Association’s Constitution & Rules, Code of Practice or in the opinion of the Committee is in any way likely to bring the Association into disrepute.
6. VOTING RIGHTS
6.1 Provisional, Associate and Affiliate members are not entitled to vote.
6.2 All Full Members will have one vote per company at any EGM or AGM.
6.3 All Executive, National Officers and National Committee members are entitled to one vote at any National Committee Meeting.
6.4 Only members of the region will be entitled to vote at their respective meeting. National or Executive Officers are only entitled to vote at their own regional meeting. If a company has more than one office in one region shown on the NCA membership list, then it shall be entitled to one vote per company at any Regional Meeting.
7. NEW MEMBERSHIP APPLICATIONS
7.1 All applications for membership will be published in the following Newsletter of the Association and/or the NCA Website.
7.2 A majority vote is required to pass any motion concerning a new application for membership at a Regional Meeting
7.3 To assist the Administrator and Membership Coordinator with the selection and procedures for processing new members a ‘New Membership Applications – Working Directive, Guidelines & Practices’ document will be used. This document will be approved by the National Committee and amended as the needs of the Association dictate.
7.4 To assist the Administrator and Membership Coordinator, the National Committee may appoint a Membership Panel who will act as advisors and/or arbitrators when required.
7.5 Applicants will provide:
7.5.1 A signed undertaking to abide by the Constitution & Rules and Code of Practice of the Association.
7.5.2 A copy of two years audited accounts and satisfy appropriate credit checks if required by the Association.
7.5.3 A copy of their current Goods in Transit insurance or in the event of self-insurance evidence that a formal procedure exists for indemnifying other members against financial loss arising from a Goods in Transit claim and that this is acceptable to the National or Executive Committee.
7.5.4 Advance (pro-rata) payment of the appropriate membership subscription fees to the end of the current year.
7.6 If an Applicants financial accounts are requested they will be examined by and subject to the approval of a qualified accountant appointed by the National Committee. Providing items 7.4.1 to 7.4.4 above are approved and no membership objection has been received, twelve-month Provisional membership will be confirmed in writing by the Membership Coordinator or Administrator. The Provisional member will be provided with a new member pack and details of their membership circulated to all members via facsimile, Email or the following Newsletter.
7.7 Provided there are no valid objections from Full members during the Provisional membership period, and the National or Executive Committee have no reason to extend the Provisional membership or withhold Full membership; the Full membership will be confirmed and published as soon as possible after expiry of the twelve month Provisional membership period.
7.8 In the event of an objection to the outlined selection procedure, the Administrator or Membership Coordinator will be required to examine any evidence submitted before reaching a decision the membership panel will be consulted and if deemed necessary asked to vote. If the objection is overruled the Applicant may appeal to the Executive or National Committee. Any application for appeal must be submitted in writing to the Administrator or Membership Coordinator. The Appellant will be given 28 days written notice of the date of hearing and the appellant or his representative must appear before the Executive or National Committee. The National or Executive Committee will examine the evidence and the judgment of this meeting will be final.
8. OBJECTIONS TO MEMBERSHIP
8.1 Objections to Provisional membership by a Full member may be made in the following circumstances: -
8.1.1 When canvassed by a representative of the Association appointed by the National or Executive Committee, Administrator or Membership Coordinator.
8.1.2 On publication of a Provisional membership application.
8.1.3 At any time during the Provisional membership period.
8.2 All objections, including any initially raised verbally, must be confirmed in writing on company headed notepaper detailing the reason(s) for objection to Provisional membership being offered or converted to Full membership. The objection must be supported by credible evidence.
8.3 In the event of any conflict involving the objection procedure or any appeal against refusal of Provisional membership or conversion to Full membership; the Executive or National Committee will be required to examine any evidence submitted before reaching a decision. If the objection is overruled the Full member or Applicant may apply for an appeal before the National or Executive Committee. The application for an appeal must be submitted in writing the Administrator or Membership Coordinator. The Appellant will be given 28 days written notice of the date of hearing and the appellant or his representative must appear before the Committee. The Committee will examine the evidence or argument and the judgment of this meeting will be final.
9. RESIGNATION, SUSPENSION OR EXPULSION OF MEMBERS
9.1 Any Member may resign from the Association by giving one calendar months notice in writing to the Administrator. The Administrator will acknowledge receipt of the notice and acceptance of resignation will be confirmed in writing.
9.2 If a member company changes ownership or there is a significant change of company structure the company must inform the Administrator in writing. Membership will then normally revert to Provisional Membership and be subject to the provisions of Section 4. In certain circumstances, the National or Executive Committee may cancel membership if they deem this to be in the best interest of the Association.
9.3 If a member company ceases to trade, is wound-up, enters into voluntary liquidation or receivership or enters into a voluntary arrangement with their creditors their membership will be immediately terminated unless the National or Executive Committee deems continued membership to be in the best interest of the Association and its members. In these circumstances, it is the duty of the Association to inform members as soon as possible.
9.4 The National or Executive Committee may suspend/expel any member whose conduct is or has been, in the opinion of the Committee, contrary to the interests of the Association or injurious to its reputation. Membership may be withdrawn if the National Committee decides that actions taken by any member were in breach of the Association’s Constitution & Rules, Code of Practice or the said actions were considered likely to bring the Association into disrepute.
9.5 Immediately upon the suspension or expulsion of a member, the Administrator will advise the member of this decision and their entitlement to an appeal in writing within five working days of the decision being made. An appeal must be submitted in writing to the Administrator within five working days from the date of receipt of the notice of suspension or expulsion requesting that it be considered at the next National or Executive Meeting or that it be presented in person at the next National or Executive Committee meeting. Where possible the appeal will be considered by, as many members of the Executive or National Committee meeting who were not involved in the suspension or expulsion.
9.6 At such a meeting, a member of the National or Executive Committee will relate any allegations against the suspended or expelled member to the meeting and the suspended or expelled member will have the opportunity to reply if present. The decision of that meeting, or at any adjourned meeting, will be made by majority vote and will be conclusive and binding, and be sent in writing to the suspended or expelled member within five working days of it being made.
9.7 If a member has been suspended, resigned, expelled or there is a significant change in their financial status that may affect the membership status the remaining membership will be informed in writing within 7 days following the decision.
10. COMMITTEE AND OFFICERS.
10.1 The affairs of the Association will in all matters be managed jointly by the Executive Committee, which consists of the Executive and National Officers, who are: -
10.1.1 Executive Officers: - Hon. President; Administrator; Treasurer
10.1.2 National Officers: - Chairman; Hon. Vice Chairman: Hon. Immediate Past Chairman
10.2 The National Committee will consist of elected representatives from each of the Regions together with the National and Executive Officers.
10.3 The Regions will be: -
10.3.5 Greater London
10.3.6 South East
10.3.7 South West
10.4 Each Region will be entitled to a maximum of three Representatives, depending on its membership. The precise number of Representatives in any particular Region will be decided at a National Meeting.
11. ELECTION AND RESIGNATION OF OFFICERS AND REPRESENTATIVES
11.1 All Regional Representatives and National officers shall resign at each AGM. However, each may offer themselves for re-election together with any members wishing to stand, by indicating such to the Administrator, in writing within 30 days of an AGM.
11.2 A person may only serve in one of the posts of Chairman, Hon. Vice Chairman, and Hon. Immediate Past Chairman for three consecutive years. Thereafter they may seek re-election in a different post, or following a lapse of two years in any previously held post.
11.3 Executive Officers are appointed by the National Committee, are subject to periodic review, and will remain in office until otherwise determined by the National Committee.
11.4 Members may only vote for members to represent them from the Region to which they belong.
11.5 The National Committee may co-opt any member to serve on any particular committee for any period up to an AGM.
11.6 The Executive Committee shall have the power to make, repeal and amend such rules as they may from time to time consider necessary for the well being of the Association subject to the approval of the National Committee, which bye-laws, repeals and amendments shall have effect until set aside by the committee or at a general meeting.
12 THE ROLL AND RESPONSIBILITIES OF EXECUTIVE, NATIONAL OFFICERS & NATIONAL COMMITTEE MEMBERS
12.1 Executive Officers.
12.1.2 The President is to maintain the interests and continuity of the Association and that they are carried out in accordance with these rules.
12.1.3 The Administrator is to assist the President to maintain continuity of the Association and that they are carried out in accordance with these rules; and to carry out duties as defined in Section 18.
12.1.4 The duties of the Treasurer are outlined in Section 13.4 & 13.5.
12.1.5 National Officers.
National Officers will normally preside over National and Regional meetings and will ensure that the interests of membership are upheld.
12.1.6 National Committee Members.
12.1.7 The responsibilities of National Committee Members are to represent and reflect the views of the members in their respective regions and to carry out the duties as described in Section 16. National committee members who do not regularly attend meetings may be required to stand down at the request of the National Committee.
13 SUBSCRIPTIONS, FINANCE AND ACCOUNTS
13.1 Membership subscriptions will be discussed and agreed by the National Committee and a budget prepared before the end of the current financial year. At an EGM or AGM the subscription will be fixed for the next financial year. The financial year ends on 31st December.
13.2 Subscription rates for different types of member are calculated as follows
13.2.1 Urban & Associate = Full subscription
13.2.2 Provincial = Two thirds of the full subscription rate.
13.2.3 Rural = One third of the full subscription rate.
13.2.4 Associate & Affiliate = Determined by the National Committee
13.3 Subscriptions for new members are calculated as above and commence on the first day of the month following acceptance on a pro-rata basis.
13.4 The Treasurer will keep such records of accounts as will enable him to present at every AGM of the Association, National Meeting, or at any other time required, on reasonable notice to him, an accurate statement concerning the finances of the Association.
13.5 All moneys payable to the Association shall be received by the Treasurer and deposited in a bank account in the name of the Association with a UK Clearing bank operated by the Association.
13.6 All cheques over £500 and bank documents will require two signatures on behalf of the Association and may be signed by any two of the following officers - Chairman; Treasurer; Administrator.
13.7 All expenditure will be authorised by the National or Executive Committee apart from day to day routine expenses incurred by the Administrator, Chairman and Treasurer these will be scrutinised by the Treasurer and will be clearly identifiable in the Accounts and available to all members upon request.
13.8 If members wish to make a request to see the Accounts of the Association, they must do so in writing stating the reason for their request.
13.9 The income and property of the Association shall be applied only in furtherance of the objects of the Association and no part thereof shall be paid by way of bonus, dividend or profit to any member of the Association save as set out in clause 12.10
13.10 The Executive Committee shall have power to authorise the payment of remuneration and expenses to any officer, member or employee of the Association and to any other person or persons for services rendered to or on behalf of the Association, and any other fees, expenses and remuneration as required by law.
13.11 An accountant will be appointed at each Annual General Meeting who shall examine all books, reports and statements prepared by the Treasurer.
13.1 The Executive Committee following a decision of the National Committee may borrow money on behalf of the Association for the purposes of the Association from time to time at their own discretion for the general upkeep of the Association or with the sanction of a General Meeting for any other expenditure, additions or improvements.
13.2 When so borrowing the Executive Committee shall have power to raise in any way any sum or sums of money and to raise and secure the repayment of any sum or sums of money in such a manner or on such terms and conditions as they think fit, and in particular by mortgage of or charge upon all or any part of the property of the Association.
13.3 The Executive Committee shall have no power to pledge the personal liability of any member of the Association for the repayment of any sums so borrowed.
13.4 The Executive Committee following a majority decision of the National Committee shall dispose of any part of the Association's property or enter into and execute such agreements and instruments in relation thereto as they think fit.
14. PAYMENT & REFUND OF SUBSCRIPTIONS
14.1 The Annual Subscription is due on 1st January and must be paid in full by 1st March each year.
14.2 The National or Executive Committee may cancel the membership of any member whose subscription remains unpaid after the date payable.
14.3 The subscription of a new member joining during the year is payable before commencement of Provisional Membership.
14.4 Any member who resigns from the Association will not normally be entitled to a subscription refund.
14.5 If a Provisional or Full member is expelled or is asked to resign from the Association then subscriptions will be refunded on a pro-rata basis.
15.1 The property of the Association, other than cash at the bank shall be vested in not less than two and no more than four trustees. They shall hold the property upon trust for the members of the Association in accordance with the directions of the Executive Committee.
15.2 The trustees shall deal with the property as directed by resolution of the Executive Committee and entry in the minute book shall be conclusive evidence of such a resolution.
15.3 The Trustees shall be members of the Executive Committee and be elected by the Executive Committee of the Association and shall hold office until death or resignation unless removed by a resolution of the Executive Committee.
15.4 The Chairman is nominated as the person to appoint new trustees within the meaning of Section 36 of the Trustee Act 1925. A new trustee or new trustees shall be nominated by resolution of the Executive Committee and the Chairman shall by deed duly appoint the person or persons so nominated by the Executive Committee as the new trustee or trustees of the Association and the provisions of the Trustee Act 1925 shall apply to any such appointment. Any Statement of fact in any such deed of appointment shall in favour of a person dealing bona fide with the Association or the Executive Committee is conclusive evidence of the fact so stated.
15.5 The Trustees shall be entitled to an indemnity out of the property of the Association for all expenses and other liabilities properly incurred by them in discharge of their duties.
16.1.1 Regional Representatives are expected to arrange the venue for Regional Meetings and confirm the date and time of the meeting with the Administrator.
16.1.2 Regional Representatives are also responsible for informing members within their region of the forthcoming meeting, discuss the contents of the proposed agenda, and encourage members to suggest any items of special interest.
16.1.3 The Regional Representative will confirm the aforementioned to the Administrator by facsimile or Email before the meeting.
16.1.4 Each meeting will normally be attended by the Chairman or Vice Chairman and the Administrator.
16.1.5 A National meeting will follow each round of Regional meetings and all Regional Representatives, National Officers and the Administrator will normally be expected to attend.
16.2 National Committee Meetings.
16.2.1 There will be a minimum of three meetings in each calendar year.
16.2.2 The Administrator will give a minimum of 7 days notice in writing together with the agenda for the meeting.
16.2.3 There will be a quorum of seven Regional Representatives together with the Chairman or Vice Chairman.
16.2.4 The Chairman or Vice Chairman will preside over the meeting, assisted by the Administrator.
16.2.5 A motion must be proposed and seconded and will require a majority vote of the meeting, the Chairman of the meeting has a casting vote.
16.2.6 The Chairman or the Vice Chairman shall have the discretion to call further meetings of the Committee if they consider it to be in the interests of the Association.
16.3 Regional Meetings
16.1.6 There will be a minimum of three meetings in each Region in each calendar year.
16.1.7 A minimum of 30 days notice in writing will be given for any Regional Meeting.
16.1.8 Members are normally required to attend two meetings in any one financial year, exceptions to this rule will be at the discretion of the National or Executive Committee; (eligible meetings are Regional and AGM).
16.1.9 Any consistent failure to attend meetings will be deemed contrary to the aims of the Association and subject to National or Executive Committee approval may result in suspension or loss of membership.
16.4 Extraordinary General Meetings
16.4.1 The calling of an EGM must be supported by more than 20% of the Full Members.
16.4.2 A minimum of 30 days notice in writing will be given to the Administrator with the proposed agenda.
16.5 Annual General Meetings
16.5.1 The Association will hold an Annual General Meeting each year.
16.5.2 The Administrator will give a minimum of 30 days notice in writing of the date, time and place of the meeting.
16.5.3 Any Agenda items from the members must be given to the Administrator in writing 14 days before the date of the meeting.
16.5.4 The Agenda will be circulated to all the members’ 7 days before the date of the meeting.
16.5.5 The following business can be transacted at the Annual General Meeting:
188.8.131.52 The Chairman's report of the activities of the previous year will be received
184.108.40.206 The Accounts of the Association for the previous year and the Treasurers report as to the financial position of the Association will be considered
220.127.116.11 Any other business the Members wish to include on the Agenda providing the formalities in clause 16.5.3. have been complied with.
16.6.1 A copy of a notice calling any meeting under this clause 16 will be sent by first class post, facsimile or Email to every member not less than the minimum notice period before the date appointed for the meeting.
16.7 Short Notice
16.7.1 A meeting may be called by shorter notice if it is so agreed:
18.104.22.168 In the case of an annual general meeting, by all the members entitled to attend and vote thereat;
22.214.171.124 In the case of any other meeting under this section, by a majority in numbers of the members having a right to attend and vote.
16.8 Written Resolutions
16.8.1 The need to have a general meeting under this section to pass resolutions may be dispensed with if:
126.96.36.199 The Administrator will give a minimum of 30 days notice in writing of the date when votes will be counted
188.8.131.52 The notice must include a copy of the suggested resolution, a voting form and the date by which it must be returned
184.108.40.206 The resolution will be passed if two-thirds majority of those returning their voting forms vote in favour of the resolution
16.8 Clauses 16.6 and 16.7 may also apply to any meeting called under the provisions in Clause 21
17. CONSTITUTION AND RULES CHANGES
17.1 The Constitution and Rules may only be changed at an EGM or AGM and will require a vote of two-thirds majority of the meeting.
17.2 The Administrator must be notified in writing of any proposed Constitution and Rules changes 30 days before the date of the General Meeting. Such items must be included on the agenda and circulated to the membership 14 days before the meeting.
18. ADMINISTRATOR'S RESPONSIBILITIES & DUTIES
18.1 The Administrator is responsible directly to the Chairman or Vice Chairman in his absence and will carry out the day-to-day administration of the Association.
18.2 The Administrator will normally be available to members and non-members wishing to contact the Association by telephone or fax, during normal working hours (9a.m to 5 p.m.), Monday to Friday.
18.3 Apart from his administration responsibilities, the Administrator is normally expected to attend all Regional, National and Executive Committee meetings.
18.4 The Administrator will record the minutes of the National and Executive Committee meetings and later distribute them to all National Committee or Executive Committee members within 14 days of the meeting.
18.5 The Administrator will be assisted by a membership Co-ordinator for processing new membership enquiries, applications and to recruit new members, to fill identified gaps in the national network and will liaise with the co-ordinator to achieve this aim.
18.6 The National Committee may empower the Administrator to review, subject to National Committee approval, the quality of service, finances, trading practices, insurance, independence, or other matters as required, of existing members to ensure their continued suitability for membership of the Association.
18.7 The Administrator will bring individual members attention to any problems or complaints likely to affect their continued suitability for membership, with the aim of retaining their membership through improved standards.
18.9 The Administrator will ensure that the Chairman receives copies, or is informed about, all relevant Association correspondence, to include the prompt attention to Action Report Forms.
18.10 The Administrator will compile the Newsletter and distribute it to all members at least three times a year.
18.11 The Administrator will assist the Treasurer with the collection of subscriptions and other amounts due to the Association.
18.12 The Administrator will be responsible for organising the National Meetings and the AGM where the Written Resolution procedure is not being used.
18.13 The Administrator will answer the day-to-day queries from the membership and will generally be the voice of the Association to outside bodies.
18.14 The Administrator shall not enter into any written agreement, contract or arrangement with any body or person which shall legally bind or purport to bind the Association or create any legal obligation or liability on the part of the Association without written approval of the Chairman or in his absence the Vice Chairman.
19. NATIONAL MEMBERSHIP CO-ORDINATOR RESPONSIBILITIES & DUTIES
19.1 The National Committee shall, depending on the needs of the Association, appoint a national Membership Coordinator to process new membership applications and enquiries; and actively seek new members in the following circumstances:
19.1.1 To fill vacancies resulting from members leaving the Association, providing no suitable waiting list replacement exists.
19.1.2 To fill gaps in the national network determined to exist by the National or Executive Committee, who will consult the existing membership to identify where additional members are required and establish an appropriate minimum level of membership for all major cities and towns.
19.1.3 The membership co-ordinator will be provided with clear details of the National/Executive Committee requirements on additional membership, which will be updated as necessary on a regular basis.
19.1.4 The co-ordinator should consult with Regional Representatives to identify suitable prospective members where appropriate.
19.1.5 The co-ordinator will maintain the NCA Master Membership Application list, which will be updated on a regular basis; this will include details of all waiting list applicants, membership refusals and applicants who have failed to complete the application procedure. He will supply the Administrator with the current copy.
19.1.6 Copies of NCA publicity material, Code of Practice, Application forms and suitable new member letters will be provided for the co-ordinator to send to prospective members.
20. USE OF ASSOCIATION NAME AND LOGO
20.1 The Association retains all rights and copyright to the name and logo.
20.2 The name and logo may only be used by current full members and it may only be reproduced from the official Association 'P.M.T.' available from the Administrator.
20.3 No member shall publish any notice or other document or make any statement on behalf of or purporting to be on behalf of the Association without first giving full details of such notice, document or statement in writing to the Administrator and obtaining the consent of the National or Executive Committee to the publication or making thereof.
20.4 No member shall enter into any agreement, contract or arrangement with any body or person which shall bind or purport to bind the Association or create any obligation or liability on the part of the Association without prior approval of the National or Executive Committee.
20.5 When membership terminates any logo or references pertaining to membership of the Association must be removed from all stationery, advertising and vehicles within three months.
20.6 If a member breaches any of the rules under this section and the NCA suffers any loss, costs, or incur expenses arising from the breach the member will indemnify the NCA for the same and co-operate in providing assistance (at the members own expense) to the NCA in pursuing such losses, costs or incurred expenses.
21.1 The Association shall be dissolved if:
21.1.1 The number of voting members falls below thirty
21.1.2 The Association goes into receivership
21.1.3 Two thirds or more of members present and entitled to vote at an AGM vote to dissolve the Association
21.1.4 By order of a court of competent jurisdiction
21.1.5 The Association becomes a company by incorporation
21.1.6 By operation of law
21.2 A resolution will then be passed to dissolve the Association and the dissolution shall take effect from the date on which the final payments in clause 21.4 are made
21.3 The National Committee will be responsible for the winding-up of the assets and liabilities of the Association and will take immediate steps to convert into money all property of the Association unless the Association in General Meeting has authorised a delay to the conversion of any particular property
21.4 The National Committee shall out of the proceeds of such a conversion:
21.4.1 discharge all debts and liabilities of the Association
21.4.2 pay any expenses or payments due to Executive and National Officers of the Association
21.4.3 distribute any remaining balance after the above payments have been made to:
220.127.116.11 Full Members of the Association at the time of the resolution who are members of at least two years standing at a rate proportional to the membership subscriptions stated in 12.2.1 – 12.2.4
18.104.22.168 Members of the Association [including provisional members] of less than two years standing shall either receive an amount equivalent to an equal share or two years current annual subscription, whichever is the lesser
21.5 A copy of the notice convening any General Meeting under this rule will be sent by first class post to every member not less than 14 days before the date appointed for the meeting, however the following circumstances will not invalidate any proceedings or resolution:
21.5.1 Any accidental omission to send such a notice, or
21.5.2 The non-receipt of the same.
21.6 The provisions under clauses 16.7 and 16.8 may also be applicable under this section.