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Association Formation and Constitution
Association Formation and Constitution
Prepared by: Constantinople
A template constitution can be used as a reference, but copying it unchanged does not establish suitability for the association's needs or compliance with law. Purpose, activities, membership requirements, composition of governing bodies, revenue sources, borrowing and representation arrangements must work together. Granting the board a power in one article and reserving it to the general assembly in another may make decisions contentious in practice. A gap between actual activities and the constitutional purpose also creates inspection and contractual risks.
An activity note from founders or administrators, membership profile, proposed branch structure and financial arrangements form the draft's basis. Admission and expulsion, notice procedures, meeting quorums and voting majorities, signing authority and supervisory provisions must be clear. Members being abroad does not mean that general assembly voting may be delegated to a representative. Statutory personal-voting arrangements and meeting methods must be observed. Administrative convenience does not justify provisions bypassing mandatory rules.
For amendments to an existing association, first locate the certified current constitution and earlier amendments. The body that will adopt the text, decision-making and notification steps are planned separately. The text should be reviewed for practical application in a dispute as well as formation requirements.