MAG AGC 2003

MAG Annual Group Conference

Date April 12 2003

Formal Motions

Reappointment of Auditors
That Stanley Yule & co be appointed as Auditors of MAG (UK) Limited.

Proposed: Ian Mutch 003
Seconded: Aine Gale 63175
Affiliation of NABD
That affiliated membership be granted to the National Association for
Bikers with a Disability (NABD).

Proposed:
Seconded:

Proposals

That Clause 6, Item (i) be changed to read:

The Board of MAG (UK) Ltd shall comprise 5 Directors.

Proposed: Anne Gale 63175
Seconded: Ian Mutch 003

That Clause 6, Item (iii) be changed to read:

The quorum for a Board meeting shall be three Directors.

Proposed: Anne Gale 63175
Seconded: Ian Mutch 003
MAG has sought legal advice on the legitimacy of the group's constitution.

The following is the result to date of this review:-

The motion I have proposed is to replace the Memorandum and Articles of Association of MAG (UK) Ltd and the constitution of MAG with a slightly modified amalgamation of these extant documents. According to Company Law, the governing document of the company is its Articles of Association. The current articles, containing parts of Table A, are more suited to a company with shares, rather than one limited by guarantee, as MAG is. It also means that the MAG constitution has a dubious legal status, being outside the Articles. Therefore, some aspects of the constitution, for example those referring to the conduct of members, the way that AGC is run, the different classes of membership, the make-up of NC and the appointment and removal of directors are all without the Articles. What I have done is to combine the existing Articles of Association with the existing constitution into new Articles which will serve to give the constitution the legal status required by Company Law, and will therefore satisfy the requirements of the Companies Acts and the aims and objectives of MAG. The new Memorandum of Association is a slight re-wording of the existing document to remove possible ambiguities. The new Articles is a combination of Articles more suited to a company limited by guarantee and the existing constitution. The only thing that has been added is Article 17, [Complaints against members of the group shall be dealt with by the National Committee in accordance with the Group's Complaints Procedure as ratified by the Group Conference from time to time.] which will give legal status to a complaints procedure.

Proposed: Gerard Livett 92282
Seconded: Christine Harris 92282
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Item 5(i) Constitution

That the first two words of the above Clause i.e. "Proposals for" be removed.

Proposed by the MAG National Committee February NC Meeting

[This is proposed to ensure Members are aware that it is actual written proposals which are received by the deadline and not merely "notice of"]
Proposed that the constitution be amended and the three Scottish Regions be amalgamated into one region named "Scottish Region" and represented by one Regional Rep.

Proposed: Brian Williams 87099
Seconded: Steve Wykes 89454

The National Chairman shall be elected each year by the group conference to be responsible for the management of the business of the National Committee, to represent the established policies and interests of the group in a fair and balanced manner without fear or favour, both inside and outside the group, and to ensure that all issues and matters brought before the NC are dealt with in the same manner.

Proposed: Nich Brown 62244
Seconded: Karen Cooke 78218

That Part vi be added to Clause 13 (Miscellaneous) as follows:

vi. Any MAG Member handling money on the behalf of MAG or its Members shall keep proper accounts, shall obtain proper receipts for all payments made, showing the name and address of the payee and shall provide to the Board of MAG (UK) Limited such receipts, accounts and other documents as the Board may require in order to conduct an audit of the same. Any Member who unreasonably fails to comply with this clause shall be liable to expulsion from Membership by the National Committee.

Proposed: Neil F. Liversidge 23660
Seconded: Justine Travis 97513

That Part vii be added to Clause 13 (Miscellaneous) as follows:

vii. Any MAG Member handling money on the behalf of MAG or its Members who does so by virtue of an office held in MAG shall deliver up to his or her successor all monies, bank or building society books, chequebooks, accounts, receipts and other relevant materials. Where the succession is unclear or is left open the same shall be delivered to MAG Central Office for the attention of the Board. Any Member failing to do so shall be liable to expulsion from Membership by the National Committee.¹

Proposed: Neil F. Liversidge 23660
Seconded: Justine Travis 97513

That Part viii be added to Clause 13 (Miscellaneous) as follows:

viii. Any MAG Member handling money on the behalf of MAG or its Members who unreasonably refuses to permit a proper audit of the accounts for which he or she is responsible, or who withholds or destroys documentation, or who in any way deliberately refuses to co-operate with any official enquiry by the National Committee into finances for which he or she is responsible shall be liable to immediate expulsion from Membership by the National Committee.

Proposed: Neil F. Liversidge 23660
Seconded: Justine Travis 97513

That Part ix be added to Clause 13 (Miscellaneous) as follows:

ix. No MAG Member running an event for private profit shall attempt to pass that event off as a MAG or FEMA event, or an event run for the benefit of either MAG or FEMA unless official recognition of the same is granted by the MAG National Committee. Nor shall any Member engaged in the promotion of such an event seek in any way to trade on MAG¹s reputation when dealing with customers or suppliers. Any Member doing so shall be liable to expulsion from Membership by the National Committee.

Proposed: Neil F. Liversidge 23660
Seconded: Justine Travis 97513

That Part x be added to Clause 13 (Miscellaneous) as follows:

x. MAG Members that are directors or employees of companies formed for the promotion of events that can reasonably be described as MAG events (that is events that use MAG¹s name or logo in their promotion and / or solicit assistance from Members as volunteer helpers for the running of the same) shall be subject to the same requirements and sanctions as those acting as individuals or through non-incorporated associations, local groups or regions. It shall be understood that the intention is to protect MAG Members from having their funds misused or misappropriated and thus protect the good name and reputation of MAG and its Members generally. Any Member guilty of financial impropriety or who unreasonably refuses to co-operate with any legitimate enquiry into financial matters for which he or she is responsible shall be liable to expulsion from Membership by the National Committee.

Proposed: Neil F. Liversidge 23660
Seconded: Justine Travis 97513

Free affiliation of NABD to MAG be made permanent unless determined otherwise at some future time.

Proposed: Ian Phillips 51172
Seconded: Darryl Whitby 109276

All unopposed candidates to be returned en bloc unless subject to a vote of No Confidence, to save time.

Proposed: Ian Phillips 51172
Seconded: Darryl Whitby 109276

Addresses from each nominee to be limited to half a page in Streetbiker

Proposed: Ian Phillips 51172
Seconded: Darryl Whitby 109276

That MAG introduce a postal voting system for AGC.

Proposed: C Muncaster 83081
Seconded: A Smurthwaite 104074

That MAG pursue a campaign to ensure that the police and Crown Prosecution Service take action to prosecute those responsible for road accidents involving motorcyclists.

Proposed : Alan Smurthwaite 104074
Seconded: C Muncaster 83081

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