CONSTITUTION OF THE MALAYSIAN DANISH
ASSOCIATION (MDA)
Article 1: Name of Association
Article 2: Correspondence Address
Article 5: Rights
and Duties of Members
Article 7: Executive Committee
Article 9: Election of Executive Committee Members
Article 10: Annual General Meeting
Article 11: Extraordinary General Meeting
Article 13: Amendment of
Constitution
Article 1: Name of
Association
The name of
the association shall be the Malaysian Danish Association, hereinafter referred
to as MDA, established as of
Article 2:
Correspondence Address
The address
of MDA shall be: Malaysian Danish Association (MDA)
c/o Ms. Poo
Birkeskellet 6,
2000
Article 3: Objectives of
MDA
1. MDA shall
be a non-governmental, non-political, non-profit, non-religious, non-racial and
non-
trade union organisation.
2. To
bring together all interested Malaysians, Danes, and their families and
others
through educational, social, cultural and economic
activities for the benefits of
MDA and its members.
3. To
endeavour mutually to respect different cultural needs and wishes.
4. To
organise national/cultural celebrations and functions to promote the interests
of its members and
to foster Malaysia/Denmark understanding and cooperation.
5. To assist in promoting relations between
Article 4: Membership
1. Application
of Membership is open to everyone.
2. Categories of Membership and Membership Fee
2.1. Individual Member :- Dkk 150
2.2. Family Group Member (inclusive of own
children under 18 years old only):- Dkk 250
2.3
Corporate/Companies/Organisations Member:- Dkk 2000 (Only two (2)
person’s name to
be nominated to represent the corporation/company/organisation
concerned)
3. Application for Membership and Membership
Renewal.
3.1. Application for membership shall be
made on the form prescribed for such purpose by the
Executive Committee and shall be
delivered to the Association or to any of the Executive
Committee Members.
3.2. The Executive Committee shall approve all applications for membership.
Approval or
reason
for rejection of any such application shall be given in writing within a month
after an
application
has been submitted. However, a written appeal against rejection can be made by
the
applicant to the Executive Committee. The
decision of the Executive Committee on
such
appeals shall be final and binding.
3.3. Membership fees shall be payable on
joining and shall be valid from the 1st of January to
the 31st
of December of the calendar year. Membership
fees shall be payable to the MDA
bank
account.
3.4. Membership shall be terminated if the annual
subscription fees are not renewed within the
first 30 days
after two reminders have been received by the member concerned. Should a
period of
90 days pass by without payment, the membership shall be terminated without
further
notice.
3.5. Members in arrears
with subscriptions will lose all MDA member’s privileges until it is
brought in order again.
3.6. Membership fees
paid are neither refundable nor transferable.
3.7. Membership fees
payable will be retained to meet the ongoing costs of MDA.
3.8. Membership fees are
to be revised and decided during the Annual General Meeting
4.
Resignation from Membership.
4.1. Any member who desires to
resign from membership must deliver written notice of
resignation
to the official correspondence address of MDA or through any of the
Executive
Committee Members.
4.2. Every
resignation notice shall be deemed to take effect on the date stated in the
notice, or,
on the
date that such notice is received by MDA, whichever is later.
5.
Expulsion
5.1. The
Executive Committee may, by notice in writing, have the right at any time to
expel any
member
if, in the opinion of the Executive Committee:
a. such member has breached the Constitution of
MDA;
b. such member has conducted himself/herself in
an unbecoming manner; or
c. allowing such member to remain as a member
would bring discredit to MDA.
5.2. A member
may appeal to the Executive Committee against such decision within 30 days of
receiving
such notice. The decision
of the Executive Committee on such appeals shall be
final and
binding.
6.
Termination of Membership.
6.1. Membership will be terminated if a
member:
a. dies;
b. resigns;
c. ceases to qualify for membership under
his/her category of membership;
d. is expelled under
(5) above;
e. is in arrears of payment of any Fees
(as defined in the Article 4) or of any other
additional
contributions and charges required to be paid to MDA.
6.2. Each
member shall on termination of his/her membership of MDA for whatever
reason, forfeit all
rights to and claims upon MDA, their property and funds.
Article 5: Rights and Duties of Members
1.
All members shall have the following rights:
1.1.
To use any facilities
provided by MDA for the general use of its members;
1.2. To attend Annual General
Meetings and Extraordinary General Meetings of MDA;
1.3. To attend functions and
activities arranged by MDA;
1.4. To be eligible to
receive assistance and advantages within the scope of the Objectives of MDA;
1.5. To comply with this Constitution
and policies and rules of the Association, as amended from time to time;
1.6. No member shall, by
reason of membership of MDA, be liable for any debts or obligation of MDA in
the absence of an express written promise to accept such liability;
1.7. Monies paid to MDA are
neither refundable nor transferable.
1.8 Each
member shall be obliged to keep the Secretary informed, by writing within
fourteen
(14)
days, in case of any change of correspondence address,
E-mail address, or some other
address at
which communication may be addressed to him/her, any other necessary
information as
a member.
2.
Voting rights:
Each member shall be entitled to one vote, in person, at the Annual
General Meeting or any
other Extraordinary General Meetings of MDA.
3. Member’s Visitors/Guests
3.1. Members may, with the consent of the Executive
Committee introduce and entertain their
guests as
visitors to MDA or to participate in any of MDA’s
activities or functions,
provided
such activities or functions allows non-members.
3.2. Members are responsible
for their visitors/guests to observe strictly the rules and by-laws of MDA.
Article 6:
Patron
The Malaysian Honorary Consul in
Article 7:
Executive Committee
1. MDA shall have an Executive Committee, which
shall be responsible for the day to
day running of
the association.
2. The Executive Committee shall be responsible
for organising the Annual General Meeting,
Extraordinary General Meeting, public
relations and sponsorship activities as well as the
administration of MDA.
3. The Executive Committee shall be responsible for
carrying out all resolutions of MDA,
and for
organising or appointing members to organise activities for the association.
4. The Executive Committee shall have full
authority to enter into financial transactions and,
generally, to
deal in all matters related to MDA.
5. The Executive Committee shall have the authority to obtain, collect and receive
money and
funds by
contributions, sponsorships, donations, membership fees, or any other way.
6. All funds of MDA or any part of such funds
may only be dealt with by the Chairman,
and the Treasurer.
7. The Executive Committee may form
sub-committees with at least one Executive Committee
Member in the Organising
Committee, from time to time to assist in the running of MDA.
8. The Executive Committee may, from time to
time, co-opt members to the Executive Committee
on an ad hoc
basis.
9. The
Executive Committee comprises of:
- One
(1) Chairman
-
One (1) Vice Chairman
-
One (1) Treasurer
-
One (1) Secretary
-
One (1) Committee Member
- Two (2) Substitutes
10. Duties/Roles of Members of the Executive
Committee
10.1. The Chairman
a. The Chairman shall exercise general
supervision over the affairs of MDA and
represent the entire MDA
in internal and external relations.
b. The Chairman shall
be at all MDA meetings. In his/her absence, the Vice Chairman
shall take his/her
place. Chairman and Vice Chairman shall
keep all Executive
Committee Members informed
of all
current affairs he/she partakes in.
c. In the event of any
dispute regarding the interpretation of any rules of Constitution or
any by-laws, the
decision of the Chairman shall be final.
d. In any meeting of MDA or any other
meeting of the Executive Committee, shall
there
be an equal number of votes for or against a motion, the Chairman of the
meeting
shall, in addition to own vote, have a casting vote.
10.2. The Vice
Chairman
a. The Vice Chairman shall assist the
Chairman in his/her functions. In the absence of
the Chairman, the
Vice Chairman shall have the same power and authority as the
Chairman.
10.3. The Secretary
a. The Secretary shall be responsible in
keeping and maintaining the minutes of all
meetings of the Executive Committee, Annual
General Meeting and Extraordinary
General Meetings of MDA.
b. The Secretary shall
be responsible for keeping and updating all members’ records.
c. All records kept
by the Secretary shall be available for perusal by any member of
MDA after giving the
Chairman, or Secretary, one (1) week advance notice.
10.4. The Treasurer
a. The Treasurer
shall keep all funds and collect all monies on behalf of the Executive
Committee of MDA.
b. The Treasurer shall keep a correct account of all
financial transactions of MDA.
c. The financial year
of MDA follows the ordinary calendar year (January-December).
d. Any financial outflow decisions over Dkk 300 (Three hundred Danish Kroner) are to
be approved by the Executive Committee. Any amount lesser than Dkk
300 may be
dealt with by either the Chairman or the Treasurer.
e. The account book shall be made
available for inspection by the Auditors or by any
member of MDA after
giving the Chairman, Secretary or Treasurer, one (1) week
advance notice of
his/her desires to inspect the account book.
f. The Treasurer has one (1) month to
prepare the year-end accounts before submitting
to
the Auditors. The accounts have to be
documented, audited and sent to the
members
at least twenty-one (21) days before the Annual General Meeting.
g. In circumstances that prevent the
Chairman and/or the Treasurer in assuming their
responsibilities concerning
the financial status for MDA, refer Article 9 (9) and (10).
The
Executive Committee must then nominate the necessary person/persons to
temporarily assume the duties/roles until an Extraordinary General
Meeting or
Annual
General Meeting is called and the new person/persons is/are elected, refer
Article 9 (11).
h. The income and
property of MDA whenever and however derived shall be
applied solely
towards the promotion of the objects of the association. No portion
thereof shall be paid
or transferred directly or indirectly by way of dividend, bonus,
profits or otherwise.
However, in the event of dissolution,
pursuant to Article 15,
claim shall be
binding.
i. The Executive
Committee may in good faith direct that payment by way of proper
remuneration and/or
reimbursement of reasonable expenses be made to any person
or member of MDA for
services rendered and/or out-of-pocket expenses or any other
fees or charges
incurred on behalf of the Association (optional).
Article 8: Auditor
1. Two (2) members shall be elected at the
Annual General Meeting as Auditors for the duration of
two (2) years.
2.
The Auditors shall have the right to audit the account book of MDA at
any time and shall be
given a two (2) week period to audit the annual accounts of MDA and shall be responsible
for
certifying all
financial statements.
Article 9:
Election of Executive Committee Members
1. Nominations
of prospective Executive Committee Members are to be submitted to the Chairman
on the day concerned prior to the election.
2. The
nominees must be present.
3. Election
shall be on a secret ballot or by show of hands, as determined by the members
at the
Annual
General Meeting, or any other Extraordinary General
Meetings.
4. Each
member has only one vote, and voting cannot be done in absentia.
5. All positions in the Executive Committee
shall be elected at the Annual General Meeting or any
other Extraordinary General Meetings of MDA.
6. The office of the Chairman, Vice Chairman,
Secretary and Treasurer shall each be individually
voted upon. The Committee Member shall be the person
obtaining the highest votes on a single
ballot.
7. Each elected Executive Committee Member shall
hold office for a two (2) year period or until
the next two (2)
Annual General Meetings, except the
Committee Member and Substitutes who
shall hold office
for a one (1) year period, and shall be eligible for re-election when the term of
office ended.
8. The Chairman and Secretary are elected for a
two (2) year period in even years, whereas the
Vice Chairman and Treasurer are elected
for a two (2) year period in uneven years.
9. If an Executive Committee Member is temporarily unable
to perform his/her duties, a
replacement may be
co-opted by the Executive Committee from among the Executive
Committee Members.
10. If an Executive Committee Member is unable to
complete his/her term of office, a replacement
may be co-opted by the Executive Committee by nominating the necessary person/persons
based on the last
Annual General Meeting ballot results according to the next highest number
of ballots received
to become Executive Committee Member.
11. The Executive Committee Members shall
nominate among themselves to temporarily assume
the duties/roles until an Extraordinary General Meeting or
Annual General Meeting is called
and the new person/persons is/are appointed or elected to
fill the vacated office.
Article 10:
Annual General Meeting
1. The Annual General Meeting is the highest
authority.
2. All members will be invited to attend the
Annual General Meeting in order:
2.1. to receive and, if approved, pass the
Account for the preceding financial year;
2.2. to endorse the members elected for the
Executive Committee, Sub-Committee (if any) and
to elect
two (2) members to act as Auditors for the ensuing financial year (if needed);
and
2.3. to conclude any other business as
proposed to the Executive Committee.
3. Subjects to be dealt with have to be
submitted in writing to the Chairman, at least fourteen (14)
days before the
Annual General Meeting.
4. All members are to be informed at least twenty-one
(21) days before the Annual General
Meeting, and fourteen
(14) days before the Extraordinary General Meeting.
5. A member will be elected to chair the Annual
General Meeting.
Article 11: Extraordinary
General Meeting
1. Extraordinary
General Meeting can be called at any time either by the Executive Committee
or by any written
request of not less than one quarter of the members who are entitled to vote.
2. Extraordinary General Meeting will be called
and conducted in accordance to the "Annual
General Meeting" terms.
Article 12: Quorum
1. The quorum at
an Annual General Meeting or Extraordinary General Meeting shall not be less
than ten percent (10%) of MDA members present
in person.
2. If a
quorum is not presented at an Annual General Meeting or Extraordinary General
Meeting,
the meeting shall be adjourned for fourteen (14) days. Members shall be notified of the
adjournment. At the
adjourned Annual General Meeting or Extraordinary General Meeting, any
number of members attending such meeting shall constitute a
quorum.
3. The Chairman and/or the Vice Chairman, and any two (2)
Executive Committee members
present in person
throughout an Executive Committee meeting shall constitute a quorum.
Article 13:
Amendment of Constitution
1. The provision of this Constitution may be
revoked, added to or amended by a resolution passed
by a two-third or
more of the members present and entitled to vote at any General Meeting for
which notice has been duly given specifying the intention to
propose such revocation, addition
or alteration,
together with full particulars thereof.
2. Requests/proposals for amendments are to be
submitted in writing to the Chairman, at least
fourteen (14) days before the General Meeting.
3. Accepted requests/proposals are to be sent to
members, at least seven (7) days before the
General Meeting.
4. There must be a two-third or more majority
votes for any amendments to take effect. Should
there be a
necessity for re-voting, a majority vote would be in order for the amendments
concerned.
Article 14: Sponsorships
1. MDA welcomes sponsorships from individuals,
organisations, institutions and companies.
2. Sponsorships
are to be discussed, reviewed and approved by the Executive Committee without
having to compromise any unreasonable obligations towards
the sponsors concerned.
3. The Chairman, or any Executive Committee Member
involved in the sponsorship project must
have the approval
from the Executive Committee. The
Chairman, as the representative of the
Executive Committee, MDA and members shall
sign on the official written Application Form
addressed to
sponsors, for any kind of sponsorship for MDA.
Article 15: Dissolution
1. If a resolution is passed by a two-third or
more of members entitled to vote at a General Meeting
to dissolve MDA, the Executive Committee shall
take immediate steps to convert into money all
the property of MDA.
2. The proceeds of such
conversion shall be applied first in meeting all liabilities of MDA.
3.
Any balance remaining shall be decided and disposed of by the Executive
Committee through
humanitarian and/or social activities.
Dated: 1st of May 2005