Disciplinary Procedure – expulsion of Members
In the interest of the Company and its members, it is important that satisfactory standards of conduct are maintained.
This Disciplinary Procedure clarifies the rights and responsibilities of Company to members in order to achieve fairness and consistency of treatment.
The procedure is as follows:-
- A member may be expelled from as a member (with no right to any refund of subscriptions paid) if that member acts in a way which, in the reasonable opinion of the directors, amounts to a) a serious or persistent breach of these rules or b) which amounts to a serious or persistent breach of the Articles of Association or c) which is contrary to the objects and aims of the Company.
- A petition for the removal of a member may be proposed by the members or may be proposed by one or more directors. In the former case, the petition is a “Members’ Petition”. In the latter case the petition is a “Directors’ Petition”.
- A Members’ Petition may only be made if ten or more members agree and sign the petition. The petition must be in writing and must identify the member to whom the petition relates, the conduct or behaviour which the member is accused of and must clearly name the members bringing the petition.
- A Directors’ Petition may be raised any two or more directors but otherwise must follow the same format as a Members’ Petition.
- Upon receipt of a petition, the Directors will consider whether action should be taken against the Member who is the subject of the petition. The directors must make this decision by majority vote. In a case of a Directors’ Petition, the directors who raised the petition are entitled to be counted in this vote.
- If it is decided that no action is to be taken, those petitioning will be notified of that fact in writing.
- If the directors vote to uphold the petition, a copy of the petition will be sent to the member who is the subject of the petition. That member will then be allowed a period of no less than 21 days to provide a written response to the allegations set out in the petition.
- Upon receipt of any written response, the directors will meet and will decide by a majority vote whether the member should be expelled or not.
- If it is decided that no expulsion is necessary, the member who is subject to the notification and those who raised the petition will be notified of that fact in writing.
- If the decision is taken to expel the member, the expulsion and the reasons for it will be notified to the member.
- The member has the right of appeal, any appeal must be received by the directors in writing within 14 days of the member being notified of the Directors’ decision.
- An appeal will proceed by way of a re-hearing of the original decision. The member will have the right to make their case to the Directors (either face to face or in writing as the Directors determine) and may also produce documentary evidence (including witness statements) if the member wishes to do so. The Directors will investigate further as they see fit and will then decide by majority vote whether the expulsion should be upheld or rescinded.
- The Board’s decision on any appeal is final.