SGM to Amend Constitution


Special General Meeting to be held on Thursday, 22th of February, 2024, at 7 pm in the Clubrooms.

The PLTC secretary has called a Special General Meeting at the request of the Committee to alter the constitution for PLTC to qualify for tax-exempt status as an amateur sports promoter under section CW 46 of the Income Tax Act 2007. The amendments have been requested by the IRD.

The relevant section of the Income Tax Act 2007 can be found here.

To qualify for this exemption, Paragraphs 15 and 16 of our Constitution must be altered by addition of the following sections highlighted in red. Hence, the business of the SGM will be to consider, and if thought fit, pass the following resolution by secret ballot:

 

That the following amendments to the Constitution, as recommended by the Committee, be approved.

 

15. ALTERATION TO CONSTITUTION

The Constitution of the Club may be altered, added to or rescinded only at an AGM or a Special General Meeting of the Club called for the purpose and then only if the motion to alter, add to or rescind the Constitution is passed with a 75% majority of those members present and entitled to vote. Voting in relation to alterations to the Constitution under this clause must be undertaken by secret ballot. The notice convening such AGM or Special General Meeting shall set out in full the purport of the intended alteration, addition, rescission or other amendment.

No addition to or alteration of the objects, personal benefit clause or the winding up clause shall be made which affects the tax-exempt status. The provisions and effect of this clause shall not be removed from this document and shall be included and implied in any document replacing this document.

 

16. WINDING UP

A majority of the members of the Club present and entitled to vote, may, at a General Meeting convened for the purpose (provided that all liabilities of the Club have been duly discharged) resolve that the Club be wound up as from a date to be named in such resolution. Such resolution shall before it takes effect be confirmed by a majority of those present and entitled to vote at a subsequent General Meeting called for the purpose and held not earlier than thirty days after the date on which the resolution to be confirmed was initially passed. The surplus funds and property of the Club shall be transferred to some worthy sporting body with similar objects to those of the Club as the General Meeting shall decide, provided however that trophies shall be returned to the donors thereof if the donors express the desire to have such trophies returned to them.

If upon winding up or dissolution of the organisation there remains after the satisfaction of all its debts and liabilities any property whatsoever the same shall not be paid or distributed among the members of the organisation but shall be given or transferred to some other organisation or body with similar objects to the first organisation or for some other charitable purpose, within New Zealand.


Article added: Friday 09 February 2024

 

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