The PHOENIX BIG BAND Constitution
1) Authority for Constitution
This Constitution was unanimously agreed at a General
Meeting of the Band held in the Victoria Institute Arundel on the 29th June 2000
following a resolution proposed by Chairman, Mr Nigel Searle and seconded by
committee members Ms. Susan Crane, Mr Nicholas Trish, Mr Ian Kingshott and Mr
2) Name of Band
The Band shall be known as THE PHOENIX BIG BAND.
3) Ownership of Band
a) The Ownership of all Band Instruments, Music,
other property and assets (but not liabilities) of the Band shall be vested in
five Trustees, two at least who will be members of the Band.
b) The Trustees shall NOT be required to maintain any
account of Band property or assets until handed over to them under the
conditions stated in clause 11(b).
4) Management of Band
A Chairman, Secretary, Treasurer and Committee shall be
elected annually (responsible for the general management of the business of the
Band) at a General Meeting to be held not later than in the month of March.
5) Membership of Band
a) Provisional Member :- anyone who attends a
bi) Full Band Member with voting rights at a General
Meeting:- anyone who regularly attends rehearsal will normally be confirmed as a
full member by the Committee within 6 months of joining as a Provisional Member.
bii) Full Member status with Voting rights will
normally be lost if a member fails to attend rehearsals for two months unless
there are extenuating circumstances accepted by the Committee.
c) Honorary member:- A person who supports or helps
the band, who, following a proposal by the Committee, is then elected by the
6) Minutes of Meetings
Minutes of all General and Committee meetings shall be made
available to all Members and Trustees once agreed and confirmed as correct.
7) Members Proposals and Concerns
Any issue or proposals members wish to raise for
consideration should be submitted in writing by at least two members one week
before the relevant Committee or General Meeting.
8) Communication with Members
Matters referring to engagements, playing in public and of
other such importance as the Committee thinks proper shall be referred to Band
Members at any full rehearsal night for confirmation and/or settlement.
9) Financial Management
The accounts of the Band shall be prepared and independently
checked to the end of the calendar year. A report and Balance Sheet will be made
available to each Band Member and Trustee prior to the Annual General Meeting.
The Committee has full discretion on spending band funds
10) Band Property
Members taking possession of a Band Instrument, or any other
Band Property shall be held responsible to the Committee for its proper care and
condition whilst in that person's charge (in the case of members under sixteen
years of age their parent or guardian) and shall agree to return it for whatever
reason when so requested by the Committee.
11) Dissolving the Band
a) The Band shall not be dissolved so long as there
are six playing members opposed to that course.
b) In the event of the membership of the Band falling
below six playing members, the Band shall be considered to be in abeyance. The
Committee shall be responsible for any outstanding liabilities by the sale of
Band Property and or assets. The Trustees shall take possession of all remaining
monies, instruments, music, other property and assets of the Band and shall
place them in safe keeping until the necessary number of six playing members
shall be enrolled, and the business of the Band resume.
c) If, after the Band has been in abeyance for two
years and the necessary number of Members are not available to re-start the
Band, then the Trustees shall arrange for the sale of all the Band property, and
shall place the proceeds of such sale in the name of THE PHOENIX BIG BAND in a
Bank, Building Society or other Secure investment where such proceeds shall earn
interest. Such Monies shall be made available for the purchase of instruments
and other properties when, in the opinion of the Trustees, six responsible
persons apply for it for the sole purpose of re-starting the Band. These six
persons shall give the Trustees full and complete discharge of their financial
d) If, at the end of ten years from the sale of the
instruments and other property of the Band, the Band has not been successfully
re-started as a going concern, the Trustees shall hand over all monies that have
accumulated in the Bank, Building Society or other secure investment to a fund,
object or destination as they may consider most suitable for the advantage of
Music Education in West Sussex.
e) The Trustees are empowered to charge any personal
expenditure incurred in connection with the winding up of the Band against funds
available in the Bank, Building Society or other secure investment.
f) In the event of any of the Trustees ceasing to act
through death, resignation or any other cause, the remaining Trustees shall have
the power to appoint another Trustee to fill the vacancy.
12) Variation and amendment of this Constitution
Clauses 1 - 10 can be varied and amended at an Annual
General Meeting providing any such amendment or variation is put in writing to
the Band Secretary not less than two weeks prior to that meeting. The amendment
or variation must then be voted by members present at that meeting. The
amendment or variation will only be incorporated into this Constitution if
supported by more than 67%. of the entire Full Band Membership (defined clause
Also Members of the band must abide by the Rules of the
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