The Companies Acts 1985 and 1989 Company Limited by Guarantee and not
having a Share Capital Articles
of Association of NEW
ATLANTIS Interpretation 1.
In these articles: "the
Charitable Company" means the company intended to be regulated by these
articles; "the
Act" means the Companies Act 1985 including any statutory modification or
re-enactment thereof for the time being in force; "the
articles" means these Articles of Association of the Charitable Company; "clear
days" in relation to the period of a notice, means the period excluding the
day when the notice is given, or deemed to be given, and the day for which it is
given, or on which it is to take effect; "executed"
includes any mode of execution; "the
memorandum" means the memorandum of association of the Charitable Company; "office"
means the registered office of the Charitable Company, "the
seal" means the common seal of the Charitable Company if it has one; "the
rules" means the rules as published by the Charitable Company, and which
when joining all members have agreed to accept. "secretary"
means the secretary of the Charitable Company, or any other person appointed to
perform the duties of the secretary of the Charitable Company, including a
joint, assistant or deputy secretary; "the
trustees" means the directors of the Charitable Company (and
"trustee" has a corresponding meaning); "the
President", means the person defined as such and who holds a special office
established within the Charitable Company, and includes where not defined
otherwise, any person deputising for the President on his instructions. "the
United Kingdom" means Great Britain and Northern Ireland; and words
importing the masculine gender only shall include the feminine gender. Subject
as aforesaid, words or expressions contained in these Articles shall, unless the
context requires otherwise, bear the same meaning as in the Act. In
the event of any dispute over the meaning or interpretation of any matter in the
articles, memorandum, rules or and
other document produced by the Charitable Company or any of its divisions or
associated clubs or organisations, the decision by the President shall be final
and binding on all members. Members 2.
(1). The subscribers to the
memorandum and such other persons, New Atlantis Trusts, or organisations as are
admitted to membership in accordance with the rules made under Article 61, shall
be members of the Charitable Company. No
person shall be admitted a member of the Charitable Company unless, he agrees to
be bound by the rules and his application for membership is approved by the
trustees, or by the President. (2).
Unless the trustees or the Charitable Company in general meeting shall make
other provision under Article 61,
the trustees may in their absolute discretion permit any member of the
Charitable Company to retire, provided that, after such retirement the number of
members is not less than two. (3)
The trustees may define within the rules, varying grades of membership, and
define, which grades and at what point, a member of New Atlantis shall also be
considered a full member of the Charitable Company. All other members of New
Atlantis being associate members of the Charitable Company and excluded and
excused from involvement in the formalities defined by the articles, but subject
to the rules. Each member, full and associate, shall have one vote each, the
interests and votes of all associate members will be vested with the President,
who may exercise them at general or extraordinary general meetings on behalf of
the associate members, when he feels appropriate. General
meetings 3.
The Charitable Company shall hold an annual general meeting each year in
addition to any other meetings in that year, and shall specify the meeting as
such in the notices calling it; and not more than fifteen months shall elapse
between the date of one annual general meeting of the Charitable Company and
that of the next. Provided that so long as the Charitable Company holds its
first annual general meeting within eighteen months of its incorporation, it
need not hold it in the year of its incorporation or in the following year.
The annual general meetings shall be held at such times and places as the
trustees shall appoint. All general meetings other than annual general meetings shall
be called extraordinary general meetings. 4.
The trustees may call general meetings and, on the requisition of members
pursuant to the provisions of the Act, shall forthwith proceed to convene an
extraordinary general meeting for a date not later than eight weeks after
receipt of the requisition. If
there are not within the United Kingdom sufficient trustees to call a general
meeting, any trustee or any member of the Charitable Company may call a general
meeting. Notice
of general meetings 5.
An annual general meeting and an extraordinary general meeting, called
for the passing of a special resolution appointing a person as a trustee, shall
be called by at least twenty-one clear days' notice. All other extraordinary general meetings shall be called by
at least fourteen clear days' notice, but a general meeting may be called by
shorter notice if it is so agreed : (1)
in the case of an annual general meeting, by the President or all the
full members entitled to attend and vote; and (2)
in the case of any other meeting by a majority in number of full members
having a right to attend and vote, being a majority together holding not less
than 95 percent of the total voting rights at the meeting of all the members. The
notice shall specify the time and place of the meeting and the general nature of
the business to be transacted and, in the case of an annual general meeting,
shall specify the meeting as such. The
date and place of all meetings being agreed between the trustees and the
President, or his representative as defined within the rules. The
notice shall be given to all the full members and to the President, trustees and
auditors. 6.
The accidental omission to give notice of a meeting to, or the
non-receipt of notice of a meeting by, any person entitled to receive notice,
other than the President, shall not invalidate the proceedings at that meeting. Proceedings
at general meetings 7.
No business shall be transacted at any meeting unless a qualified quorum
is present. Ten persons
entitled to vote upon the business to be transacted, each being a full
member, or a duly authorised representative of a member organisation, or one
tenth of the total number of such persons for the time being, whichever is the
greater, or where the President directs, one tenth of the total (full and
associate being added together) memberships votes being represented at the
meeting, including those vested with the President, shall constitute a quorum. A
qualified quorum is a quorum that includes the President or a quorum and a
representative acting on behalf of the President as defined in the rules. 8.
If a qualified quorum is not present within half an hour from the time
appointed for the meeting, or if during a meeting a qualified quorum ceases to
be present, the meeting shall stand adjourned to the same day in the next week
at the same time and place or to such time and place as the trustees and
President shall determine. 9.
If present, the President shall, if he wishes, preside as Chairman of the
meeting, failing this the Chairman, if any, of the trustees or in his absence,
some other trustee nominated by the trustees shall preside as Chairman of the
meeting, but if neither the Chairman nor such other trustee (if any) be present
within fifteen minutes after the time appointed for holding the meeting and
willing to act, the trustees present shall elect one of their number to be
Chairman and, if there is only one trustee present and willing to act, he shall
be Chairman. 10.
If no trustee is willing to act as Chairman, or if no trustee is present
within fifteen minutes after the time appointed for holding the meeting, the
members present and entitled to vote, shall choose one of their number to be
Chairman. 11.
A trustee shall, notwithstanding that he is not a member, be entitled to
attend and speak at any general meeting. 12.
The Chairman may, with the consent of a meeting at which a quorum is
present (and shall if so directed by the meeting), adjourn the meeting from time
to time and from place to place, but no business shall be transacted at an
adjourned meeting other than business which might properly have been transacted
at the meeting had adjournment not taken place. The President may adjourn any
meeting or any agenda item, at any time, with or without the consent of the
others present. When a meeting is adjourned for fourteen days or more, at least
seven clear days' notice shall be given to those who were in attendance and
those who tendered apologies, specifying the time and place of the adjourned
meeting and the general nature of the business to be transacted. Otherwise it shall not be necessary to give any such notice. 13.
A resolution put to the vote of a meeting, shall be decided on a show of
hands, unless before, or on the declaration of the result of, the show of hands,
a poll is duly demanded. Subject to
the provisions of the Act, a poll may be demanded; (1)
by the President or Chairman; or (2)
by at least two members having the right to vote at the meeting; or (3)
by a member or members representing not less than one-tenth of the total
voting rights of all the members having the right to vote at the meeting. 14.
Unless a poll is duly demanded, a declaration by the Chairman that a
resolution has been carried or carried unanimously, or by a particular majority,
or lost, or not carried by a particular majority and an entry to that effect in
the minutes of the meeting shall be conclusive evidence of the fact, without
proof of the number or proportion of the votes recorded in favour of or against
the resolution. 15.
The demand for a poll may be withdrawn, before the poll is taken, but
only with the consent of the Chairman. The
withdrawal of a demand for a poll shall not invalidate the result of a show of
hands declared before the demand for the poll was made. 16.
A poll shall be taken as the Chairman directs and he may appoint
scrutineers, acceptable to the President, (who need not be members) and fix a
time and place for declaring the results of the poll.
The result of the poll shall be deemed to be the resolution of the
meeting at which the poll is demanded. 17.
In the case of an equality of votes, whether on a show of hands or on a
poll, the President shall be invited to cast, but may decline to, any votes he
holds, but has not cast, and then the Chairman shall be entitled to a casting
vote in addition to any other vote he may have, if necessary. 18.
A poll demanded on the election of a Chairman or on a question of
adjournment shall be taken immediately. A
poll demanded on any other question shall be taken either immediately or at such
time and place as the Chairman directs, not being more than thirty days after
the poll is demanded. The demand
for a poll shall not prevent continuance of a meeting for the transaction of any
business other than the question on which the poll is demanded. If a poll is demanded before the declaration of the result of
a show of hands and the demand is duly withdrawn, the meeting shall continue as
if the demand had not been made. 19.
No notice need be given of a poll not taken immediately, if the time and
place at which it is to be taken are announced at the meeting at which it is
demanded. In other cases at least
seven clear days' notice shall be given specifying the time and place at which
the poll is to be taken. Votes
of members 20.
Subject to Articles 2(3) and 17, every member shall have one vote. 21.
No member, except the President, shall be entitled to vote at any general
meeting unless all moneys then payable by him to the Charitable Company have
been paid. 22.
No objection shall be raised to the qualification of any voter except at
the meeting or adjourned meeting at which the vote objected to is tendered, and
every vote not disallowed at the meeting shall be valid.
Any objection made in due time shall be referred to the President if
present, or the Chairman of the meeting, whose decision shall be final and
conclusive. 23.
A vote given or poll demanded by the duly authorised representative of a
member organisation shall be valid, notwithstanding the previous determination
of the authority of the person voting, or demanding a poll unless notice of the
determination was received by the Charitable Company at the office before the
commencement of the meeting, or adjourned meeting, at which the vote is given,
or the poll demanded or (in the case of a poll taken otherwise than on the same
day as the meeting or adjourned meeting) the time appointed for taking the poll. 24.
Any organisation which is a member of the Charitable Company may by
resolution of its Council, or other governing body, authorise such person as it
thinks fit to act as its representative at any meeting of the Charitable
Company, and the person so authorised shall be entitled to exercise the same
powers on behalf of the organisation which he represents as the organisation
could exercise if it were an individual member of the Charitable Company. Trustees
and President 25.
(1) The number of' trustees shall
not be less than two but (unless otherwise determined by ordinary resolution)
shall not be subject to any maximum.
(2) The first trustees shall be those persons named in the statement
delivered pursuant to section 10(2) of the Act, who shall be deemed to have been
appointed under the articles. Future trustees shall be appointed as provided
subsequently in the articles. 26
Constitutionally, the President is the head and chief executive of New
Atlantis, the virtual country and the Charitable Company. It is both an
administrative and ceremonial role, and his duty is to safeguard the founding
concepts of New Atlantis, and the interests of associate members, or other
minority groups. All new members swear their allegiance to the President, as
head of the virtual state. (1)
The first President, shall be one of the founding trustees, and shall
hold the position for life or until such time as he resigns, if his resignation
is obtained by force, trickery, or by some other authority, it shall not be
valid; (2)
Subsequent Presidents likewise, will hold office for life, and under the
same conditions as the first President and until such time that they resign, and
will be appointed by;
(a) the outgoing President in
person, or in written instructions left for the purpose, or failing this;
(b) by a special election carried out according to the rules of a special
group or special groups of members, or failing this;
(c) by a postal election of all full and associate members . (3)
If the President is not able to carry out his role, for some purpose, or
for some time, a Chief Regent may be appointed under the same conditions as 26
(2), to act on behalf of the President until such time as either the President
is able to fulfil his duties or ceases to be President. (4)
The President may appoint and dismiss at any time a Regent or a number of
Regents who will act as his deputy, or undertake whatever part of the duties
normally undertaken by the President that the President shall specify. The
Regent ceases to hold office, when a new President is appointed. (5)
Regents may at the Presidents instruction, become trustees of the
Charitable Company. (6)
The President or
Regent will usually be a trustee, but if for any reason he ceases to qualify to
be a trustee, or chooses for a period not to be, he can retain the position of
President or Regent, and attend and vote at all meetings of the trustees as if
he was still a trustee, or nominate a representative to carry on that role on
his behalf. (7)
No changes to the memorandum, articles or rules come into effect until
such time that the President (or Regent entrusted with the task on his behalf)
has approved and signed them, and then shall take effect from the date set in
agreement with the President, or Regent entrusted with the task on his behalf. (8)
The role of
President, can only be removed by a special meeting or postal vote where 100% of
the full and associate members agree on this action. Powers
of trustees 27.
Subject to the provisions of the Act, the memorandum and the articles and
to any directions given by special resolution, the business of the Charitable
Company shall be managed by the President, and trustees, who may exercise all
the powers of the Charitable Company. No
alteration of the memorandum or the articles and no such direction, shall
invalidate any prior act of the trustees, which would have been valid if that
alteration had not been made, or that direction had not been given. The powers
given by this Article shall not be limited by any special power given to the
trustees by the articles and a meeting of trustees at which a qualified quorum
is present may exercise the powers exercisable by the trustees, subject to
clause 38(7). 28.
In addition to all powers hereby expressly conferred upon them and
without detracting from the generality of their powers under the articles, the
President and trustees shall have the following powers; namely to expend the
funds of the Charitable Company in such manner as they shall consider most
beneficial for the achievement of the Objects and to invest in the name of the
Charitable Company such part of the funds as they may see fit and to direct the
sale or transposition of any such investments and to expend the proceeds of any
such sale in furtherance of the Objects of the Charitable Company; Appointment
and retirement of trustees 29.
At the first annual general meeting all the trustees shall retire from
office, and at every subsequent annual general meeting one-third of trustees who
are subject to retirement by rotation or, if their number is not three or a
multiple of three, the number nearest to one third shall retire from office, but
if there is only one trustee who is subject to retirement by rotation,
he shall retire. 30.
Subject to the provisions of the Act, the trustees to retire by rotation
shall be those who have been longest in office since their last appointment or
re appointment, but as between persons who became or were last reappointed
trustees on the same day, those to retire shall (unless they otherwise agree
among themselves) be determined by lot. 31.
If the Charitable
Company at the meeting at which a trustee retires by rotation, does not fill the
vacancy, the reappointed trustee shall, if willing to act, be deemed to have
been reappointed unless at the meeting it is resolved not to fill the vacancy,
or unless a resolution for the re appointment of the trustee is put to the
meeting and lost. 32.
No person other than a trustee retiring by rotation shall be appointed or
reappointed a trustee at any general meeting unless : (1)
he is recommended by the President or trustees: or (2)
not less than fourteen nor more than thirty-five clear days before the
date appointed for the meeting, notice executed by a full member qualified to
vote at the meeting has been given to the Charitable Company of the intention to
propose that person for appointment or re appointment, stating the particulars
which would, if he were so appointed or reappointed, be required to be included
in the Charitable Company's register of trustees together with a notice executed
by that person of his willingness to be appointed or reappointed. 33.
No person may be appointed as a trustee : (1)
other than by becoming a trustee on the instruction of the President
having been appointed and still being a Regent; or; (2a)
in circumstances such that, had he already been a trustee, he would have
been disqualified from acting under the provisions of Article 38; and (2b)
unless he has attained the
age of 18 years; or (2c)
has attained the age of 14 years and has the Presidents permission to
stand for election as a trustee. 34.
Not less than seven nor more than twenty-eight clear days before the date
appointed for holding a general meeting, notice shall be given to all persons
who are entitled to receive notice of the meeting, of any person (other than a
trustee retiring by rotation at the meeting) who is recommended by the President
or trustees for appointment or re appointment as a trustee at the meeting, or in
respect of whom notice has been duly given to the Charitable Company of the
intention to propose him at the meeting for appointment or re appointment as a
trustee. The notice shall give the
particulars of that person which would, if he were so appointed or reappointed,
be required to be included in the Charitable Company's register of trustees. 35.
Subject as aforesaid, the Charitable Company may by ordinary resolution,
and the permission of the President or his representative, appoint a person who
is willing to act to be a trustee either to fill a vacancy or as an additional
trustee and may also determine the rotation in which any additional trustees are
to retire. 36.
The trustees, with the agreement of the President, may appoint a person
who is willing to act to be a trustee either to fill a vacancy, or as an
additional trustee, provided that the appointment does not cause the number of
trustees to exceed any number fixed by or in accordance with the articles as the
maximum number of trustees. A
trustee so appointed shall hold office only until the next following annual
general meeting and shall not be taken into account in determining the trustees
who are to retire by rotation at the meeting.
If not reappointed at such annual general meeting, he shall vacate office
at the conclusion thereof. 37.
Subject as aforesaid, a trustee who retires at an annual general meeting
may, if willing to act, be reappointed. Disqualification
and removal of trustees 38. A trustee shall cease to hold office if he; (1)
ceases to be a trustee by virtue of any provision in the Act or is
disqualified from acting as a trustee by virtue of section 45 of the Charities
Act 1992 (or any statutory re-enactment or modification of that provision),
unless excused from this exclusion by the President, who on his own
investigation considers such exclusion not to be just; (2)
becomes incapable by reason of mental disorder, illness or injury of
managing and administering his own affairs; (3)
resigns his office by notice to the Charitable Company (but only if at
least two trustees will remain in office when the notice of resignation is to
take effect), or (4)
is absent without the permission of the trustees from all their meetings
held within a period of six months and the trustees resolve that his office be
vacated. (5)
is directly or indirectly associated with any other company, organisation,
federation or group that is opposed to or makes any attempts to frustrate the
objectives of the company, or to interfere with its function. (6)
who ceased to
accept the rules or withdraws his allegiance to the President. (7)
is instructed by the President to resign as a trustee. Any
dispute on any of the above exclusions being referred to the President whose
decision shall be final. Trustees'
expenses 39.
The trustees may be paid all reasonable travelling, hotel and other
expenses properly incurred by them in connection with their attendance at
meetings of trustees or committees of trustees or general meetings or otherwise
in connection with the discharge of their duties, but shall otherwise be paid no
remuneration. Trustees'
appointments 40. Subject to the provisions of the Act and to
Clause 5 of the memorandum, the trustees, with the agreement of the President or
his representative, may appoint one or more of their number to the unremunerated
office of Managing Director, or to any other unremunerated executive office
under the Charitable Company. Any
such appointment may be made upon such terms as the President and trustees
determine. Any appointment of a
trustee to an executive office shall terminate if he ceases to be a trustee. A Managing Director and a trustee holding any other executive
office shall, on the agreement of the President, not be subject to retirement by
rotation. 41.
Except to the extent permitted by clause 5 of the memorandum, no trustee
shall take or hold any interest in property belonging to the Charitable Company,
or receive remuneration, or be interested otherwise than as a trustee in any
other contract to which the Charitable Company is a party, unless he has written
permission from the President or his representative. Proceedings
of trustees 42.
Subject to the provisions of the articles, the President and trustees may
regulate their proceedings as they think fit, and in accordance with the rules.
(1)
A trustee may, and the secretary at the request of a trustee shall, with
the agreement of the President or his representative, call a meeting of the
trustees. It shall not be necessary
to give notice of a meeting to a trustee who is absent from the United Kingdom.
(2)
Questions arising at a meeting shall be decided by agreement, where this
does not occur naturally, it will be decided by the President, or his
representative, or where he directs, a majority of votes. In the case of an
equality of votes, the Chairman shall have a second or casting vote. 43.
A qualified quorum is necessary for the transaction of the business of
the trustees. A quorum shall not be less than one third of their number or two
trustees, whichever is the greater, unless otherwise directed by the President.
A qualified quorum is a quorum in which the President or his representative is
included. 44.
The trustees may act notwithstanding any vacancies in their number, but,
if the number of trustees is less than the number fixed as the quorum, the
continuing trustees or trustee may act only for the purpose of filling vacancies
or of calling a general meeting, unless directed otherwise by the President. 45.
The trustees may appoint one of their number to be the Chairman of their
meetings and may at any time remove him from that office. Unless he is unwilling to do so, the trustee so appointed
shall preside at every meeting of trustees at which he is present.
But if there is no trustee holding that office, or if the trustee holding
it is unwilling to preside or is not present within five minutes after the time
appointed for the meeting, the trustees present may appoint one of their number
to be Chairman of the meeting. 46.
The trustees may appoint one or more sub-committees, consisting of two or
more trustees, for the purpose of making any inquiry or supervising or
performing any function or duty which in the opinion of the trustees would be
more conveniently undertaken or carried out by a sub-committee, provided that it
has terms of reference and all acts and proceedings of any such sub-committees
shall be within the terms of reference and are fully and promptly reported to
the trustees. 47.
All acts done by a meeting of trustees at which the President is in
attendance, or of a committee of trustees, shall, notwithstanding that it be
afterwards discovered that there was a defect in the appointment of any trustee
or that any of them were disqualified from holding office, or had vacated
office, or were not entitled to vote, be as valid as if every such person had
been duly appointed and was qualified and had continued to be a trustee and had
been entitled to vote. 48.
In the event of it not being possible to call a meeting or a decision
being required faster than could be reasonably organised by holding a meeting; (1)
A resolution in writing, signed by the President and all the trustees
entitled to receive notice of a meeting of trustees or of a committee of
trustees, shall be as valid and effective as if it had been passed at a meeting
of trustees or (as the case may be) a committee of trustees duly convened and
held. Or where this is not practical; (2)
A resolution in writing, signed by the President and one other trustee
entitled to receive notice of a meeting of trustees or of a committee of
trustees, shall be as valid and effective as if it had been passed at a meeting
of trustees or (as the case may be) a committee of trustees duly convened and
held. A copy of the resolution shall be sent as soon as practical to all other
trustees, or a meeting called to inform them of the decisions taken in their
absence. (3)
Such a resolution may consist of several documents in the same form, each
signed by the President. 49.
Any bank account in which any part of the assets of the Charitable
Company is deposited shall be operated by the trustees and shall indicate the
name of the Charitable Company. All
cheques and orders for the payment of money from such account shall be signed by
at least two trustees approved for the purpose by the President. Secretary 50.
Subject to the provisions of the Act, the secretary shall be appointed by
the President and trustees for such term, at such remuneration (if not a
trustee) and upon such conditions as they may think fit, and any secretary so
appointed may be removed by them, with the Presidents agreement. A secretary who
is also a trustee, while not being able to have a salary, may have an honorarium
at the discretion of the trustees, but it should be of a lower monitory value
than would have been paid to a corresponding person as a salary. They may also
claim necessary expenditure accepted with their office, and the trustees may, if
necessary, provide them with a computer, telephone line, car, house or other
item to allow them to fulfil their role more efficiently. Minutes 51.
The trustees shall keep minutes in books or ring binders, kept for the
purpose : (1)
of all appointments of officers made by the trustees; and (2)
of all proceedings at meetings of the Charitable Company and of the
trustees and of committees of trustees including the names of the trustees
present at each such meeting. The
Seal 52.
The seal shall only be used by the authority of the President and
trustees, or of a committee of trustees authorised by the trustees. The trustees may determine, who shall sign any instrument to
which the seal is affixed and unless otherwise so determined, it shall be signed
by either the President or a trustee and by the secretary or by a second
trustee. The President may also have a separate seal, which is not the seal of
the Charitable Company, but a ceremonial seal of office. Accounts 53.
Accounts shall be prepared in accordance with the provisions of the
relevant act. Annual
Report and Annual Return 54.
If registered as a charity under the charities act; (1)
the trustees shall comply with their obligations under the Charities Act
1992 (or any statutory re-enactment or modification of that Act) with regard to
the preparation of an annual report and its transmission to the Commissioners. (2)
the trustees shall comply with their obligations under the Charities Act
1992 (or any statutory re-enactment or modification of that Act) with regard to
the preparation of an annual return and its transmission to the Commissioners. 55.
Copies of annual returns and accounts will be filed at Companies House as
appropriate, and copies of accounts presented at the annual general meeting, and
displayed on the computer on line information service, (BBS), but need not
otherwise be circulated. Notices 56.
Any notice to be given to or by any person pursuant to the articles,
shall be in writing, except that a notice calling a meeting of the trustees need
not be in writing. 57.
The Charitable Company may give any notice to a member either personally,
or by sending it by post in a prepaid envelope, addressed to the member at his
registered address, or by leaving it at that address. A member whose registered address is not within the United
Kingdom and who gives to the company an address within the United Kingdom, or an
electronic mail address acceptable to the Charitable Company, at which notices
may be given to him, shall be entitled to have notices given to him at that
address, but otherwise no such member shall be entitled to receive any notice
from the Charitable Company. 58.
A member present in person at any meeting of the Charitable Company shall
be deemed to have received notice of the meeting and, where necessary, of the
purposes for which it was called. 59.
Proof that an envelope containing a notice was properly addressed,
prepaid and posted shall be conclusive evidence that the notice was given.
A notice shall be deemed to be given at the expiration of 48 hours after
the envelope containing it was posted. Indemnity 60.
Subject to the provisions of the Act, every trustee or other officer of
the Charitable Company shall be indemnified out of the assets of the Charitable
Company against (1)
any liability incurred by him in that capacity in defending any
proceedings, whether civil or criminal, in which judgement is given in his
favour or in which he is acquitted or in connection with any application in
which relief is granted to him by the court from liability for negligence,
default, breach of duty or breach of trust in relation to the affairs of the
Charitable Company; or (2)
any other costs, penalties or expenses that have arisen through him being
a member, officer or trustee, President or otherwise of the Charitable Company
or through attempting to meet the Objects of the Charitable Company, providing
that the President and at least one other trustee, shall agree to the payment
being made out of the Charitable Companies funds. Rules 61.
(1) The trustees, with the
approval of the President, may from time to time make such rules or bye laws as
they may deem necessary or expedient or convenient for the proper conduct and
management of the Charitable Company and for the purposes of prescribing classes
of any conditions of membership, and in particular but without prejudice to the
generality of the foregoing, they may by such rules or bye laws regulate : (a)
the admission and classification of members of the Charitable Company
(including the admission of organisations to membership) and the rights and
privileges of such members, and the conditions of membership and the terms on
which members may resign or have their membership terminated and the entrance
fees, subscriptions and other fees or payments to be made by members. (b)
the conduct of members of the Charitable Company in relation to one
another, in and to New Atlantis trusts, and to the Charitable Company's
servants; (c)
the setting aside of the whole or any part or parts of the Charitable
Company's premises at any particular time or times or for any particular purpose
or purposes; (d)
the operation or administration of any division, trust group of trusts,
or section of the new Atlantis philosophy, virtual county or actual service; (e)
the roles of all members associated with honour roles, special positions,
Presidential appointments, and procedures associated with these. (f)
the conduct of members in relation to the President, to Presidential
instructions, and to the virtual kingdom of New Atlantis. (g)
the procedure at general meetings and meetings of the trustees and
committees of the trustees in so far as such procedure is not regulated by the
articles; (h)
generally, all such matters as are commonly the subject matter of company
or club rules; (i)
the
induction of new members; (j)
any other such topics as the President shall decide should be included. (2)
The Charitable Company in general
meeting, and with the approval of the President, shall have power to alter, add
to or repeal the rules or bye laws and the trustees shall adopt such means as
they think sufficient to bring to the notice of members of the Charitable
Company all such rules or bye laws, which shall be binding on all members of the
Charitable Company. Provided that no rule or bye law shall be inconsistent with,
or shall affect or repeal anything contained in, the memorandum or the articles. (3)
Additions to the rules to cover new areas, services, or other
developments can be made by the trustees, in agreement with the President. These
additions shall be added to the rule books and need not be circulated to the
membership, but annually at least all members should be informed of at least the
areas in which rule changes have occurred. (4)
The President shall have power to alter, add to or repeal the rules and
will draw the change to the attention of the trustees as soon as possible, and
to the membership as and when he feels appropriate and by whatever means he
feels appropriate, which could be by post, or at the next general meeting, or by
updating the rule book only or by a notice on the electronic information service
(BBS). (5)
A current copy of the rules will be available at a reasonable price to
all members, and any updates or changes will be incorporated at as early a point
as possible. (6)
A current copy of the rules will at all time be displayed on the free on
line information service (BBS), and accessible to all grades of members. |