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  Phoenix Big Band - Keeping Music Live...  

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 Neil Christian.

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 rehearsal.

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 members.

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 responsibilities.

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 5b).

Also Members of the band must abide by the Rules of the Victoria Institute

Page last updated: 09/05/2005