The Companies Act 1929
Company Limited by guarantee and not having a Share Capital
WEST MERSEA YACHT CLUB LTD
MEMORANDUM OF ASSOCIATION
1. The name of the Company is West Mersea Yacht Club Ltd.
2. The Registered Office of the Company (hereinafter called the Club) will be situated in England.
3. The objects for which the Club is established are: -
3.1. To establish, maintain and conduct a Club for the encouragement of amateur sailing and all other sports pastimes and games, and for the promotion of social intercourse between Members of the Company and their friends and their accommodation.
3.2. To provide a Clubhouse and other convenience for the use of the members of the West Mersea Yacht Club. To furnish and maintain the same, and to permit the same to be used by the members of the said Club and their friends, either gratuitously, or upon such terms as shall be agreed on. To manage the affairs of the Club, and generally to do whatever may seem best calculated to promote the interests of the Club.
3.3. To afford to its members all the usual privileges, advantages, conveniences and accommodations of a Club for such purposes as aforesaid.
3.4. To take over the effects and liabilities of the present unincorporated association known as the West Mersea Yacht Club.
3.5. The income and any profits of the Company, however derived, shall be applied solely towards the promotion of the objects of the company as set forth in this memorandum, and no portion thereof shall be paid, transferred or distributed, directly or indirectly, by way of dividend, gift, bonus or otherwise to the Members of the Company and no Director of the Company shall be paid by salary or fees, or receive any remuneration or other benefit in money or money’s worth from the Company for discharging his duties as such. If upon a winding up or dissolution of the Company, there remains, after satisfaction of its debts and liabilities, any property whatsoever, the same shall be paid to or distributed among the Full Members of the Club in equal shares.
3.6. To hold and arrange matches, races, regattas and competitions in yachting and other sports, pastimes and games and offer and grant or contribute towards the provision of prizes, awards and distinctions.
3.7. To subscribe to, become a member of, and co-operate with any other association, whether incorporated or not, whose objects are altogether or in part similar to those of this Club.
3.8. To subscribe to any local or other charities and to grant donations for any public purpose.
3.9. To buy, sell and deal in all kinds of boats, vessels, gear, equipment fittings, apparatus and materials in connection with the objects of the Company and all kinds of provisions required by the members of the Club.
3.10. To provide all kinds of liquid and other refreshment (alcoholic or otherwise) for the members of the Club.
3.11. To purchase, take on lease, or otherwise acquire any lands, buildings or property, real and personal, which may be requisite for the purposes of, or deemed capable of being used in connection with, any of the objects of the Company.
3.12. To raise money by subscriptions and to grant any rights and privileges to subscribers and members.
3.13. To invest and deal with the monies of the Club not immediately required upon such securities and in such manner as may, from time to time, be determined.
3.14. To lend monies to such persons and on such terms as may seem expedient and, in particular, to persons other than members having dealings with the Club and to guarantee the performance of contracts by any such persons.
3.15. To borrow or raise or secure the payment of money in such manner as the Club shall think fit and, in particular, by the issue of debentures or debenture stock, perpetual or otherwise, charged upon all or any of the Club’s property (both present and future).
3.16. To remunerate any person or company for services rendered or to be rendered in or about the formation or promotion of the Club or the conduct of its business.
3.17. To draw, make, accept, endorse, discount, execute and issue promissory notes, bills of exchange, Bills of Lading, warrants, debentures and other negotiable or transferable instruments.
3.18. To sell, improve, manage, develop, exchange, lease, mortgage, dispose of, turn to account or otherwise deal with all or any part of the real and personal property and rights of the Club.
3.19. To do all or any of the above things (in any part of the world) as principals, agents, contractors, trustees or otherwise and by or through trustees, agents or otherwise and either alone or in conjunction with others.
3.20. To do all such other things as are incidental or conducive to the attainment of the above objects.
4. The liability of the Members is limited.
5. Every Full Member of the Club undertakes to contribute to the assets of the Club in the event of the same being wound up during the time that he is a Member or within one year afterwards for payment of the debts and liabilities of the Club contracted before the time at which he ceases to be a Member and of the debts and liabilities of the Club contracted before the time at which he ceases to be a Member and of the costs, charges and expenses of winding up the same and for the adjustment of the rights of the contributors and amongst themselves, such amounts as may be required not exceeding £1.
ARTICLES OF ASSOCIATION
1. The number of the Members of the Company (hereinafter called the Club) is declared not to exceed 750.
2. These Articles shall be construed with reference to the provisions of the Companies Act, 1929, and the terms used in these Articles shall be taken as having the same respective meanings as they have when used in the Act.
3. The Club is established for the purposes expressed in the Memorandum of Association.
4. The FULL MEMBERS of the Club (hereinafter called “Members”) are: -
4.1.Such persons with yachting qualifications over the age of 21 as have been, or shall be duly elected by the Committee, provided always that the Committee may decline to elect any person as a Member.
4.2.LIFE MEMBERS. Any Member of the Club (who has been a Member of the Club for at least ten years) may, at an Extraordinary General Meeting or at the Annual General Meeting, be elected as a Life Member of the Club for services rendered to the Club. The name of any such proposed Life Member must be recommended by the Committee and be put on the agenda of the Extraordinary General or Annual General Meeting.
5. The Committee may from time to time make bye-laws for the proposal, qualification and election of Members, and may from time to time alter the same with the approval of the Club in a General Meeting.
6. The Committee may from time to time make bye-laws for the proposal, qualification and election of persons as Associate Members; and may alter the same with the approval of the Club in a General Meeting. Associate Members shall, unless otherwise stated in the bye-laws, have all the rights and privileges of Members except that they shall not be entitled:-
6.1.to any interest in the property of the Club
6.2.to attend (except by special invitation) or to vote at any Extraordinary or General Meeting of the Club or of the Committee, or to take any part in the management of the Club.
6.3.to propose or second candidates for membership;
7. The Members and Associate Members shall pay such Entrance Fee and Subscription as shall from time to time be fixed by the Committee with the approval of the Club in a General Meeting.
8. The Members and Associate Members shall be entitled to continue as members until they resign or die (unless they should be expelled as herein provided) and during such membership shall be entitled, subject to the provisions of Article 6 as regards Associate Members, to an equal share in the property and privileges of the Club, subject to the bye-laws of the Club but such share shall not be assigned or transferred.
9. Upon a member ceasing to be a member of the Club his or her interest in the property and privileges of the Club shall cease.
10. Every Member and Associate Member of the Club shall communicate to the Secretary his/her address and all notices posted to his last known address shall be considered as having been duly given on the day following the date of posting.
EXPULSION OF MEMBERS AND ASSOCIATE MEMBERS
11. The Club has power to expel any Member or Associate Member by ballot at an Extraordinary General Meeting, general notice of which shall have been given; but the voting shall be at least in the proportion of three to two to expel such member. Any member so expelled shall only be eligible for re-election by Members in General Meeting. An expelled member shall forfeit all right to or claim upon the Club, its property or funds.
12. If any member shall be adjudged a bankrupt or be found guilty by a tribunal of any serious professional misconduct, or be convicted of a criminal offence of a serious character, or refuse or neglect to observe the bye-laws of the Club, or behave in a manner which, in the opinion of the Committee, is conduct unworthy of a gentleman or a lady, as the case may be, or prejudicial to the interests of the Club, it shall be the duty of the Committee to suspend him/her and request his/her resignation as a member. He/she must be offered an opportunity within 31 days, at a time to be determined by the Committee, to appear before them to explain why he/she should not resign or be expelled in which case the Committee may lift the suspension.
13. Should the member not resign and the suspension, therefore, stand, an Extraordinary General Meeting shall be called at which the member must be expelled or reinstated. Such meeting shall be convened for that purpose alone within 8 weeks.
14. Any member who shall give or cash in the Club a cheque drawn by himself/herself, which is dishonoured, and the amount of which is not paid within 24 hours of notice being given to the member of such dishonour. He/she shall ipso facto cease to be a member of the Club and shall be restrained from using the Club for any purpose whatsoever. He/she shall forfeit all right or claim upon the Club and its property, but upon application being made by such member to the Committee, stating the cause such member may be readmitted and restored to his/her former rights by the Committee.
15. The Committee shall have power to expel any Associate Member for any reason as they see fit. However, any proposal to make such expulsion must be decided by ballot of the Committee and must be carried by voting at least in the proportion three to two. The decision must be communicated in writing to the Associate Member, together with the reason for the expulsion. He/she must be given the opportunity to appear in person before the Committee to explain why he/she should be reinstated.
16. The Officers of the Club shall consist of a Commodore, Vice-Commodore, two Rear Commodores, Hon. Secretary or Secretary, Hon. Treasurer, Hon. Sailing Secretary and Hon. Bo’sun and such Officers shall be elected at the Annual General Meeting.
17. The Commodore shall not hold office for more than three consecutive years unless requested to serve a further year by the General Committee. The Vice Commodore and Rear Commodores shall not hold the same office for more than two consecutive years unless requested to serve a further year by the General Committee. Such an extension shall be subject to approval by the Members at the Annual General Meeting.
18. The Committee shall have the power to elect a Member as an Officer in the event of a vacancy occurring during the year.
19. The General Committee of Management (hereinafter referred to as the Committee) shall consist of the duly elected Officers of the Club and not more than 12 and not less than five Members. Each of whom shall be elected annually and shall not serve in that capacity for more than three consecutive years unless requested to serve a further year by the Flag Officers.
20. Retiring Members of the Committee shall not be eligible for re-election in that capacity until the expiry of one year from the time of their retirement.
ELECTION OF OFFICERS AND COMMITTEE
21. The election of the Officers and Committee shall take place at the Annual General Meeting and shall be conducted in the following manner:-
22. The names of candidates, proposed and seconded by two other Members, shall be sent, together with the consent in writing of the Member nominated, to the Secretary. This must be not later than seven days before the date of the Annual General Meeting and shall be posted on the Club notice board as soon as received. On the seventh day before the Annual General meeting the list shall be closed. No Member may stand as a candidate in more than one capacity. Should a ballot be necessary, each Member present at the Annual General Meeting shall receive a ballot paper on which shall be printed the names of the candidates. From this ballot paper each Member voting shall, in the case of Officers, approve a single name, and in the case of the Committee approve not more than twelve names. Scrutineers appointed by the meeting shall then collect the papers and, after examination, shall report the names of those candidates who have received most votes and they shall be declared elected.
23. In the event of vacancies occurring in the Committee between the dates of the Annual General meetings, the Committee shall have power to elect other Members to fill such vacancies.
MEETINGS OF THE COMMITTEE
24. The Committee shall meet from time to time, as they think expedient, or when required for reasons stated below by the Senior Flag Officers on the Station, or upon the requisition of one-third of the Members of the Committee. The Secretary shall give six clear days’ notice of all such meetings, except that the Senior Officer present may summon an emergency Committee Meeting of such Members as may be available to deal with minor matters or matters in connection with racing which cannot be deferred. Any decision made at an emergency Committee Meeting must be ratified at the next convened Committee Meeting except in the case of racing protest.
25. The proceedings of the Committee are to be treated as confidential.
POWERS OF COMMITTEE
26. The affairs of the Club shall be managed by the Committee, who shall be deemed to be the authorised agents of the Club and its Members for the purpose of carrying out all the objects thereof or in anywise incidental thereto and shall have power to do all or any of the following:-
26.1.To carry out the objectives of the Club.
26.2.Exercise all such powers of the Club as are not by these Articles required to be exercised by the Club in General Meetings subject, nevertheless, to these Articles and to such bye-laws as may be prescribed by the Club in General Meeting.
26.3.For the purposes aforesaid or any of them may enter into all such contracts and rescind, vary or abandon the same as they shall determine without further authority from the Club, saving as otherwise expressly provided by these Articles or by the Club in General Meeting.
26.4.Make, amend or delete bye-laws for their own guidance and the conduct and management of the Officers, members and Staff of the Club and for the safe custody of the property of the Club. Such new bye-laws or alterations will be operative until the next General Meeting, when they shall be submitted for confirmation.
26.5.To fix the salaries of the Staff of the Club.
26.6.Decide all matters of dispute and difference affecting the interests of the Club referred to them and such decision shall be final, except that there shall be the Right of Appeal to the Royal Yachting Association on any racing protest.
26.7.Appoint such Committees and Sub-Committees from the Members of the Committee, or otherwise, including a Sailing Committee, House Committee and Moorings and Boatyard Committee, as they may determine. To delegate to and invest such Committees and Sub Committees with such powers and duties as they think fit, provided that the Committee may, at any time in their absolute discretion, revoke the appointment of any such Committee appointed under this Article.
26.8.Suspend or curtail the privileges of any member who commits a breach of the bye-laws of the Club or acts in any way unbecoming a member of the Club. Provided that the member affected shall be notified thereof in writing and may, within seven days after the date of such notice, give notice in writing to the Secretary of Appeal to the Club in General meeting and the Secretary shall convene such Meeting accordingly.
26.9.No bye-law made by the Club in General Meeting shall invalidate any prior act of the Committee which would have been valid if such bye-law had not been made.
27. The Committee may, from time to time, borrow and re-borrow, on behalf of the Club, any sum of money upon such terms and conditions as they shall determine. No such borrowing shall, without the previous assent of a General Meeting of the Club, exceed the amount of the Club’s current annual subscription income.
28. The Committee may give as security for any loans made in pursuance of these Articles, or for any part thereof mortgages on the whole or any part of the property of the Club, debentures, perpetual or otherwise, bonds, bills of exchange, promissory notes or such other securities as they think fit.
29. Such mortgages and other securities made by the Committee may be in such form and contain such powers and provisions as the Committee think expedient.
30. The financial year of the Club shall end on the 31st October in each year, to which day the accounts of the Club shall be balanced.
31. The Annual General Meeting shall be held in every Calendar Year at such time (not being more than fifteen months after the holding of the last Annual General Meeting) and place as may be prescribed by the Committee provided that at least 21 clear days’ notice is given. The following business shall be transacted at a General Meeting.
31.1.To receive from the Committee the Report, Balance Sheet and Statement of Account for the preceding financial year.
31.2.To confirm any addition, alteration or deletion to the bye-laws which may have been made by the Committee since the last General Meeting.
31.3.To elect Officers.
31.4.To elect the Committee.
31.5.To elect Auditors.
31.6.To decide any resolutions, which may be duly submitted to the meeting as hereinafter, provided. Notice of any resolution, signed by the proposer and seconder, to be proposed at the Annual General Meeting, shall be given in writing to the Secretary at least one calendar month before the date of such meeting. Such notice shall be posted on the Club Notice Board not less than fourteen days before such Annual General Meeting.
32. To effect any alteration or addition to the Articles of Association at an Annual General Meeting, the number voting in favour of such alteration or addition must be at least in the proportion of three to two.
EXTRAORDINARY GENERAL MEETINGS.
33. Upon authority being given by the Committee or by a requisition made and signed by at least ten percent of the Members of the Club stating in the form of a resolution the subject intended to be discussed, the Secretary shall summon an Extraordinary General Meeting of the Club. This must be done not later than twenty-one days after the receipt of such authority or requisition for the consideration of such subject only. The voting necessary to carry a resolution in Extraordinary General Meeting shall be at least three to one. Any resolution so carried shall be absolute and at once come into force and shall continue in force until repealed by another General Meeting. The powers of the Committee in respect of such resolution are suspended.
34. At an Annual General Meeting or Extraordinary General Meeting not less than twenty-five Members shall form a quorum. At a Committee Meeting not less than nine Members shall form a quorum.
PROCEDURE AT MEETINGS
35. At all Meetings any question shall, on the demand of two Members made before the question has been put by the Chairman, be decided by ballot. Otherwise questions shall be decided by a show of hands. Except in respect of Articles 31 and 32, in all cases of equality of votes the Chairman shall have a second vote.
36. At all Annual General, Extraordinary General, or Committee Meetings, the Senior Flag Officer present shall take the chair, but in the event of there being no Flag Officer present the members present shall elect a Chairman.
37. Correct minutes of the business transacted at all Annual General, Extraordinary General or Committee Meetings shall be kept by the Secretary and entered in the Minute Book which shall be produced at all subsequent meetings.
WEST MERSEA YACHT CLUB LTD
1. FULL MEMBERS
The Members of the Club (hereinafter called “Members”) are: -1.1.Such persons with yachting qualifications over the age of 21, as have been duly elected by the Committee and
2. ASSOCIATE MEMBERSHIP includes: -
2.1.HONORARY LIFE MEMBERS. The Committee is empowered to elect ladies or gentlemen (not already Members of the Club) as Honorary Life Members; Honorary Life Membership is conferred as a distinction. Honorary classes pay no subscriptions. The maximum number of Honorary Life Members shall not exceed ten.
2.2.ASSOCIATE MEMBERS (GENTLEMEN). Gentlemen with no yachting qualifications may apply for and be elected to Associate Membership by the same procedure as laid down for Members. In cases where the election of a candidate for membership is refused solely on lack of yachting qualifications, the Committee are empowered to invite such a candidate to become an Associate Member. An Associate Member is not debarred from subsequently becoming a Full Member, if elected by the Committee.
2.3.ASSOCIATE MEMBERS (LADIES). Ladies may be elected to Associate Membership by the same procedure as that laid down for gentlemen.
2.4.1.Persons under the age of 35 may apply for Crew membership.
2.4.2.From 1st January 2001 Crew Members reaching the age of 35 or over shall have their present membership terminated and shall be offered Associate or Full Membership.
2.4.3.Crew Members proceeding to Associate membership will be required to pay the prevailing entrance fee abated by 20% for each full year of existing membership up to a total of five years. Those proceeding directly to Full Membership will be required also to pay the additional element appropriate to Full Membership.
2.4.4.No further discounts will apply to the Crew subscription.
2.4.5.Crew Members may not:-
18.104.22.168. Run an account with the Club or cash cheques without a cheque guarantee card.
22.214.171.124. Hire a mooring, dinghy rack or parking space or a locker unless the requirements of Full and Associate Members are fully met.
126.96.36.199. Own a boat of greater length than 15 feet.
2.5.CADET MEMBERS and CHILDREN.
2.5.1.CADETS. Young people between the age of 8 and 17 years (provided they can swim) may be elected as “Cadet” Members by the same procedure as that for Members. Cadets are not allowed to purchase alcoholic drinks. With effect from their 18th birthday, they will become Associate Members or Crew Members, subject to confirmation by the General Committee. Such Associate Members who have paid subscriptions for at least two years may apply for admission to Full Membership with effect from their 21st birthday, by the usual election procedure.
2.5.2.CHILDREN. When using the Clubhouse they must be accompanied by a Member, Associate Member or Crew Member who is responsible for them.
2.6.VISITING YACHTSMEN. The following may be admitted to the Club premises on an occasional basis and intoxicating liquor sold to them by, or on behalf of the Club. Names of such persons must be entered in the book provided for the purpose:-
2.6.1.Owners and crews of visiting yachts belonging to a recognised Yacht Club while the yacht is on the Station.
2.6.2.Bona fide members of other yacht clubs located outside a radius of 5 miles of West Mersea.
2.6.3.Bona fide members of affiliated yacht clubs and owners/crew of yachts taking part in a race or regatta organised by the Club.
2.6.4.Bona fide members of a National Class Association which has been adopted by the Club and approved by the General Committee.
2.6.5.Such persons shall not enjoy the general privileges of membership and shall not be eligible to attend meetings or Club Members’ social functions.
2.7.1.Persons who do not reside within a radius of 20 miles of the Club House may be elected for a period not exceeding four weeks in any two year period on the application forms being endorsed by two Members of the Committee. The subscription shall be one-fourth of the appropriate annual subscription. Longer periods of temporary membership may be agreed under special circumstances with the approval of the General Committee.
2.7.2.Any persons not currently members of the Club who are registered as participants in or assisting with the organisation or running of Mersea Regatta Week, Mersea Cadet Week or any other Regatta event organised by the Club shall be admitted as Honorary Temporary Members for the period of the event, such period not to exceed eight days in respect of one event, but a period of at least two days shall elapse between the granting of Honorary Temporary Membership to any such person and their being allowed to purchase excisable liquors.
2.8.AFFILIATED MEMBERS. Members of particular organisations approved by the Committee from time to time may enjoy the facilities of the Club on occasions associated with the activities of that organisation. Such persons shall not enjoy the general privileges of membership and shall not be eligible to attend meetings or Club members’ social functions. The Club reserves the right to exclude any individuals as it sees fit.
2.9.OVERSEAS MEMBERS. Any member who remains resident outside the United Kingdom for a cumulative period of at least 10 months during the year 1st March to 28th or 29th February, may on application to the Committee in writing, become an Overseas member.
3. PROPOSAL OF CANDIDATES FOR MEMBERSHIP Every candidate for admission to the Club shall be proposed by one Full Member and seconded by another, to both of whom the candidate shall be personally known. A Member of the current Committee must also sponsor all candidates. The full name and address of the candidate together with the name of the proposer and seconder shall be posted on the Club notice board at least six days prior to the ballot. Either the proposer, seconder or sponsor must appear before the Committee to answer any questions about the candidate or a letter must be written to the Secretary by the proposer as to his eligibility and yachting qualifications.
4. ELECTION OF MEMBERS AND ASSOCIATE MEMBERS. The election of Members and Associate Members is vested in the Committee and their decision is final. However where there is doubt over the suitability of a candidate, the General Committee has the option of referring the application to an interviewing committee. The interviewing committee shall consist of at least two Flag Officers and one other Club Officer. They will interview the applicant and make the appropriate recommendations back to the General Committee. In the case of a ballot, one blackball in three shall exclude. No rejected candidate can be proposed again for election until the expiration of twelve months from his rejection.
5. TAKING UP MEMBERSHIP. The Secretary shall notify any new member immediately of his/her election and the entrance fee and first year’s subscription shall be paid within one calendar month from the date of such notice. He/she shall not be entitled to any of the privileges of the Club until such entrance fee and subscription be paid and direct debit mandate completed.
6. ENTRANCE FEES. Every person (over 25 years of age), except people applying for Crew Membership, shall, on election, pay an entrance fee equal to 40% of the current Full membership subscription. In addition to this they will pay an upgrade fee equal to 20% of the current Full membership subscription on being elected to Full membership. Current members of the armed services will pay the appropriate entrance fee if they continue to be members after two years.
7. SUBSCRIPTIONS. The annual subscription shall be set by the mandate granted to the General Committee by members at the Annual General Meeting and payable on 1st March. Full or Associate members elected will normally be required to pay their annual subscription by Direct Debit. Current rates will be published annually and notified to members, providing that:
7.1.Young adult members, Lady Associates and married couples pay a reduced rate of subscription. The Cadet rate of subscription is extended to those aged 18-28 years who are in full time education.
7.2.That those elected after 1st April in any year shall pay, on election, the current entrance fee and the pro-rata subscription equivalent to their months of membership in the first year. They will then pay the annual subscription rate in the following subscription year starting 1st March.
7.3.Any member, achieving 20 years continuous membership, will be entitled to the Long Service (LS) subscription for their appropriate membership category, provided that prior to the start of the subscription year their age exceeds 60 years. The appropriate subscription rate will be reduced by 35% and rounded up to the next full pound (£).
7.4.Any Long Service (LS) member reaching the age of 80 prior to the start of the subscription year will be entitled to pay the Over 80 subscription. The Over 80 subscription will be 10% of the Full member subscription rounded up to the next full pound (£).
7.5.Two members, and their children under the age of 18 or over the age of 18 but in full time education, where applicable, living at the same address, may apply for Family membership. Members of the family must be elected in the normal way as set out in the rules. The total Family subscription rate shall be 160% of the full membership subscription rounded up to the next full pound (£).
8. SUBSCRIPTION IN ARREARS
8.1.Any member, whose current year’s subscription is in arrears on the first day of May, shall be sent a reminder notice calling his or her attention thereto. Further to this, if the member is in arrears with their subscription on the 1st day of July, the Committee may request that their name to be posted on the notice board of the Club. He or she shall then cease to be entitled to use the Clubhouse or to enjoy any of the benefits or privileges of the Club so long as their subscription remains in arrears. If they do not pay the outstanding subscription before the first day of August then they will cease to be a member of the Club. Their name will be erased from the Club records unless the Committee, for exceptional reasons, decides otherwise.
8.2.A Member or Associate Member so removed shall not be eligible for re-election unless he/she can satisfy the Committee as to the reason for his/her default. In cases where the Committee are so satisfied, they are empowered, should they deem it proper, to remit the payment of another entrance fee.
9. CREDIT SALES
9.1.Every Member is issued with a membership card that can also be used as a debit card that will enable them to pay for sales at the Club Bar. For individual Members any payment is charged to the account shown as their membership number, but family/married Members payments are charged to the billed members account unless Members have requested individual accounts. Any payments on the card account are limited to bar, catering, regalia, Club events and facilities.
9.2.With the exception of Cadets, Students and Crew members, accounts may go into occasional debt, up to a limit of £200, but Members should ensure that the debt is cleared within 30 days. Failure to clear any arrears by the fourteenth day following that 30 day period may result in credit facilities being withdrawn.
9.3.Members who persistently fail to clear any arrears of monies due to the Club will be referred to the General Committee and may incur an administration charge.
9.4.Both Members and Bona Fide visiting Yachtsmen may use credit cards to pay for bar and catering products. There will, however, be a charge for this facility in line with our current banking charges.
10. HIRING OF FACILITIES. The Hiring of Club moorings and/or other facilities in excess of £150 per annum is restricted to Full Members.
11. RESIGNATION. Any member wishing to resign from the Club must give notice in writing to the Secretary of his/her intention to do so before the first day of March and in default, he/she shall be liable for the current year’s subscription.
12. HONORARIUM. Any honorarium paid to Officers or Members, whether in cash or kind, must be approved by the General Committee at the first Meeting of the New Year. In the event of any proposal to award honoraria, after the first meeting, the proposal must be approved immediately by the General Committee.
HOUSE BYE-LAWS1. THE HOUSE COMMITTEE. The House Committee shall consist of four members exclusive of the Officers, who are ex-officio Members. Three Members shall form a quorum.
2. CLUBHOUSE TIMES OF OPENING AND CLOSING.
2.1.The Club House shall be open daily from 9.00 a.m. until half an hour after the bar closes in the evenings, except on special occasions as may be determined by the Committee from time to time. On Christmas Day the Club shall be closed from 3.00 p.m.
3. CLUB BAR
3.1.The bar opening hours will be displayed on the Club notice board.
3.2.Members or guests under the age of 18 shall not be permitted to purchase or be supplied with alcoholic drinks, other than when having a meal in the restaurant area in accordance with current licensing law.
4. GUESTS. Members shall have the privilege of introducing guests on an occasional basis to the Club premises on the following basis:
4.1.They enter the guest’s names in the visitor’s book and sign the entry.
4.2.The number of visits an individual guest makes to the Club is limited to 6 per year irrespective of which Member introduces them.
4.3.The member introducing the guest pays all expenses incurred and is answerable for their good conduct while on the Club premises. The guest shall not under any circumstances be allowed to pay for refreshments.
4.4.The guest will not remain in the Club after the member has left.
4.5.No visitor or guest shall be introduced who:
4.5.1.has been rejected for membership;
4.5.2.is ineligible for membership;
4.5.3.is a member who is under suspension;
4.5.4.has resigned at the request of the Committee;
4.5.5.having resigned voluntarily, has not paid arrears due to the Club;
4.5.6.has been expelled;
unless with specific permission from a Club Officer.
4.6.Children under the age of 16 must be accompanied at all times by a member who is responsible for them.
4.7.A Club Officer may cause admittance to be refused to any person, or request any person to leave should their presence on the Club premises be undesirable in the opinion of the General Committee.
4.8.If they are not Members or Associate Members of the Club in their own right, Members and Associate Members’ wives, husbands and other relations may be brought to the Club as guests in accordance with the above rules.
5. ACCOMMODATION. Members, Associate Members and, if accommodation permits, their guests over the age of 18, may occupy the flat. (Note: WMYC Bye-Law 10). Accommodation may not be booked for more than five consecutive nights, but this period may be extended at the end of the period if accommodation is available. Preference in the allocation of accommodation will be given to sailing members when applications exceed the available accommodation. In order to maintain the amenities of the Club, no entertainment is allowed in the flat.
6. CATERING AND BAR
6.1. Members and their guests are expected to purchase from the Club all drinks and food that are to be consumed in the Club and within its grounds and are therefore not permitted to bring any other food and/or drink into the Club grounds or premises. Discretion may only be exercised as regards food when this is not available for purchase in the Bar or Restaurant or where it is being transferred to Members vessels.
6.2.Members or their guests will be charged for late cancellations after they have signed on for any event/function. For cancellations within 3 days of the event a charge of one third of the event price will be made. For cancellations within 24 hours of the event a charge of 100% of the event/function price will be made. These charges may be waived at the discretion of the General Committee.
7. NOTICES. No notice, either written or printed, shall be put up in the Club without the authority of the Secretary. All notices shall be dated.
8. GRATUITIES TO STAFF. No member or visitor shall give any gratuity to any of the staff of the Club.
9. ORDERS TO STAFF
9.1.All general orders and instructions to the House staff of the Club shall be issued by the Rear Commodore House or persons delegated by him/her.
9.2.The conduct of a staff member shall in no case be made a matter of personal reprimand by a member. All complaints against staff must be made to the Secretary by letter and the Secretary shall lay the letter before the House Committee, at their first meeting after the receipt thereof.
10. SUGGESTIONS AND COMPLAINTS. Suggestions or complaints must be submitted in writing to the Secretary.
11. CHEQUES. Members and Associate Members may cash personal cheques up to £200 per week but not more than £100 on any one day.
12. VALUABLES. The Club will not hold itself responsible for articles of value left in the clubhouse.
13. GAMBLING . All gambling is strictly forbidden except for fund raising purposes or any other approved by the House Committee.
14. NEWSPAPERS. No person shall take from the Club any newspaper, periodical, pamphlet or any article belonging to the Club.
15. DOGS. No dog shall be allowed in any part of the House.
16. DRESS - The minimum requirement for dress in the Clubhouse during the day is a T-shirt (not vest), shorts and sandals. After 7pm smart casual wear is required and during the summer this will include ‘tailored’ shorts (not sportswear). Discretion may only be exercised when coming ashore from or before going out to a boat.
17. IMPROPRIETY OF CONDUCT. Any Member, Associate Member or guest guilty of impropriety of conduct or behaviour inappropriate to the occasion should be referred to a Member of the Committee. Any two Members of the Committee may take appropriate action to remove the offending person from the premises and refer the incident to the Committee. The member so offending is liable to expulsion.
18. CAR PARKING
18.1.The Car Park is reserved for the use of members for short term parking only (up to 24 hours). Longer-term parking is available in the Yacht Club’s City Road Car Park. Vehicles parked in either area which are unauthorised, unidentified or inconsiderately parked may be clamped and a charge made for release.
18.2.Members using the Club Car Parks must ensure that their vehicle can be identified by displaying a WMYC parking permit, which is available from the Secretary. Members invited guests using the Club House should include their car’s registration number when signing the visitor’s book. Non-members crewing on members’ yachts may leave cars in the Yacht Club City Road Car Park on condition that they display clear identification of their name, the name of the member and his yacht.
18.3.All vehicles parked on Yacht Club property are parked at the risk of the owner or driver. The Club will accept no responsibility for any loss or damage howsoever caused.
19. REFERENCE TO COMMITTEE. Any case not provided for in these bye-laws shall be referred to the Committee, whose decision shall be final.
20. SMOKING. Following the introduction of the Smoke Free law on 1st July 2007 smoking is NOT permitted at any time in any part of the Clubhouse or premises except where designated by signage.
SAILING BYE-LAWS1. SAILING COMMITTEE. The Sailing Committee shall consist of not less than three Members, exclusive of the Officers, who are ex-officio Members. Three Members of the current Committee shall form a quorum.
2. YACHT LENT OR CHARTERED. If a yacht be chartered or lent she is not entitled to the Club privileges, including participating in a Club event nor to fly the Club Burgee, unless the person to whom she is lent be at the time a member of the Club. (N.B. Members and Associate Members are particularly requested to remove the Club Flags from their yachts when chartered or lent).
3. All Racing shall be sailed under the Rules of the I.S.A.F. and the R.Y.A., with such modifications as the Sailing Committee may decide.
4. No boats except those owned, chartered or borrowed by Members and Associate Members shall be allowed to sail in a Club race not otherwise open or part of the Joint Clubs racing programme.
5. In the event of any racing dispute, the matter will be settled by the Sailing Committee, who may refer appeals to the R.Y.A. whose decision shall be final.
MOORINGS AND BOATYARD BYE-LAWS
1. The Moorings and Boatyard Committee shall consist of the Rear Commodore (M&B), the Hon Bo’sun and three other Members. Three members of the current Committee shall form a quorum.
2. All general orders and instructions to members of staff pertaining to Boatyard and Mooring facilities shall be issued by the Rear Commodore (M&B) or the Hon. Bo’sun or a person delegated by them.
3. No boats, trailers, items of gear, fittings or equipment, supplies, stores of the like shall be left upon the Club’s premises or parking areas without the permission of the Moorings and Boatyard Committee. All such items shall be clearly identified with the Member’s name.
4. Members may hire mooring and boatyard facilities in accordance with WMYC Bye-Law 10.
5. Other bye-laws shall be the conditions as laid down in the agreement made each year with Members using mooring and storage facilities.
6. GUESTS. Members shall have the privilege of taking guests on the Club launch on the following basis:
6.1.The number of times an individual guest may be taken on the Club launches is limited to 6 per year irrespective of which Member accompanies them.
6.2.The Member accompanying the guest is answerable for their good conduct while on the Club launches.
6.3.The guest shall not under any circumstances be allowed to use the launches on their own except where arrangements have been made by a Member to bring them to the Member’s boat where the Member is already on board.
6.4.No guest shall be permitted on the Club Launch who:
6.4.1.has been rejected for membership;
6.4.2.is ineligible for membership;
6.4.3.is a Member who is under suspension;
6.4.4.has resigned at the request of the Committee;
6.4.5.having resigned voluntarily, has not paid arrears due to the Club;
6.4.6.has been expelled;
unless with specific permission from a Club Officer.
6.5.Children under the age of 16 must be accompanied at all times on the launch by a Member who is responsible for them.
6.6.If they are not Members or Associate Members of the Club in their own right, Members and Associate Members’ wives, husbands and other relations may be use the Club Launch as guests in accordance with the above rules.
7. VISITORS Visitors are yachtsmen that are occasional visitors to Mersea and do not have a permanent or seasonal mooring at Mersea.