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FORM OF CONSTITUTION
- Name and Objects The Association shall be called the Property
Bar Association ("the Association"). The objects of the Association
are: (a) to promote the collective interests of the Members particularly
with regard to recruitment, training, continuing education and the general
development of the practices of practitioners in the property field.
(b) to ascertain and represent the views in professional matters of
the Members. (c) to provide a forum for discussion of matters of common
interest amongst such practitioners and to formulate and seek to have
adopted such common strategies as may be appropriate to best serve their
future professional interests as a whole. (d) to assist the Members
to maintain and improve the service provided to clients. (e) to liaise
in whatever manner is considered appropriate on any matter with the
General Council of the Bar, the Chancery Bar Association, the Vice-Chancellors,
the Lord Chancellor's Department, the Inns of Court, the media or with
such other persons or bodies as the Committee shall think fit. (f) to
consider, recommend and seek to implement general policy with regard
to all matters affecting the professional practice and interests of
Members and other practitioners in the property field.
- Membership (a) Any barrister who is a practising member of the
Bar of England and Wales and who is able to certify in writing that
not less than 50 per cent of matters dealt with in his or her practice
in the calendar year immediately preceding the original or renewed application
were in property or property-related work shall be eligible for and
may apply to the Secretary for membership and shall become a Member
upon acceptance of the payment of the annual subscription. PROVIDED
THAT a practising member of the Bar of England and Wales who can certify
that not less than 40% of his or her practice is in property or property
related matters and who considers that his or her practice is such that
it would be appropriate for him or her to be a member of a specialist
Property Bar Association notwithstanding that he or she is unable conscientiously
to certify 50%, may nonetheless apply to the Secretary for membership,
setting out grounds in support of such application. At the discretion
of the Committee of the Association, who may ask for such further information
as to the nature of the applicant's practice or other circumstances
as they think necessary, such an applicant may be admitted to membership.
(b) Any barrister who is a practising member of the Bar of England and
Wales who has been in full time independent or employed practice for
less than three years and who is able to certify in writing an intention
to develop a specialist practice in property or property-related work
shall be eligible for and may apply to the Secretary for associate membership
and shall become an Associate upon acceptance of the payment of the
annual subscription. (c) "Property work" means those areas of practice
falling within codes A3, C3, C7, C9, C14 and L1 as used by the General
Council of the Bar to identify areas of practice and "property related
work" means work which is closely related to one or more of those areas
of practice. (d) An annual certificate will be required upon renewal
of membership. (e) A member may resign at any time and must do so upon
ceasing to be eligible for membership under Rules 2(a) or 2(b) and the
Committee shall, subject to the directions of the Members in general
meeting, have power at any time to refused to admit a member or to determine
a membership if it reasonably considers that the member is not or has
ceased to be eligible for membership or is likely to bring the association
into disrepute. (f) Upon determination of membership from whatever cause
the member shall not be entitled to recover the whole or any part of
his or her subscription for the year in which the membership ceased.
- Officers and Committee (a) The Association shall have the following
officers who shall be current Members: a Chairman, a Secretary and a
Treasurer who shall be elected by a simple majority of the Members at
the Annual Meeting and shall hold office for one year. (b) The Chairman,
Secretary and Treasurer shall be ex officio members of the Committee
which shall consist of no more than 10 Members elected by a simple majority
of the Members at the Annual Meeting and shall hold office for one year.
(c) The officers may stand for re-election but may not hold office for
a continuous period of more than three years. (d) If any officer or
committee member shall for any reason cease to act as such then the
Committee shall have power to appoint a temporary replacement pending
the next Annual Meeting. (e) The Committee shall have power to manage
the affairs of the Association in accordance with the objects of the
Association and the directions of the Members in general meeting and
shall have discretion to manage those affairs otherwise as it thinks
fit. (f) A quorum for a committee meeting is three committee members.
(g) Any general meeting and any meeting of the Committee shall be chaired
by the Chairman or, in his or her absence, by the Secretary.
- Annual Meeting (a) The Members and Associates shall meet once in
every year ending on 30 November to elect officers and members of the
Committee and to consider other matters relevant to the affairs of the
Association. (b) Each member is entitled to one vote and resolutions
shall be passed upon a show of hands unless not less than ten members
require a ballot. (c) Associates shall not be entitled to vote but may
speak at any general meeting. (d) The Secretary shall give notice to
the Members of the date of the Annual Meeting in writing not less than
twenty-one days prior to the meeting setting out the Agenda, enclosing
the Treasurer's Report and calling for nominations for election as officers
or committee members. (e) Any nomination must be in writing, addressed
to and received by the Secretary not less than seven days before the
date appointed for the meeting and supported by the signatures of not
less than three Members. (f) Any member may propose a resolution for
decision at the Annual Meeting in writing addressed to and received
by the Secretary not less than seven days before the date appointed
for the meeting. (g) Resolutions where a ballot is required may be passed
at a general meeting by a simple majority of those present and voting.
(h) A quorum for an Annual General Meeting will consist of ten Members.
- Extraordinary Meetings (a) Any member may call for an extraordinary
meeting of the members by notice in writing addressed to and received
by the Secretary and supported by the signatures of not less than ten
Members. (b) The Secretary shall then give notice in writing to the
Members of the date of the meeting to be within 42 days of the notice
calling for it and not less than 14 days prior to the meeting. (c) Voting
at an extraordinary meeting will be in accordance with the rules for
voting at an annual meeting (d) A quorum for an Extraordinary Meeting
will consist of ten Members.
- Administration and Finance (a) Each member shall pay an annual subscription
for each calendar year (or part) of membership the amount of which shall
be 100 such subscription to be paid on or before 1 November prior to
the calendar year to which the subscription relates. (b) Each associate
shall pay an annual subscription for each calendar year (or part) of
membership the amount of which shall be 35 such subscription to be
paid on or before 1 November prior to the calendar year to which the
subscription relates. (c) The rate of the subscriptions shall be determined
by the Committee unless altered by Members in general meeting. (d) The
Treasurer shall have responsibility for the financial affairs of the
Association and shall account to the Members annually at the Annual
Meeting by a written report setting out the income and expenditure of
the association over the previous twelve months. (e) The expenses of
the Association shall be met out of the subscriptions paid by the Members
and any other funds raised by the Committee for the purposes of the
Association and an officer or committee member who with the consent
of the Committee has undertaken a liability on behalf of the Association
shall be entitled to be indemnified in respect of that liability out
of the funds of the Association. (f) The Committee shall have full administrative
discretion in relation to the affairs of the Association subject only
to the decision of the Members in general meeting. (g) The Committee
shall meet as and when it shall think fit and a meeting may be called
at any time by any three members of the Committee on not less than 48
hours notice.
- Amendments to Constitution This Constitution may be amended by decision
of a simple majority of the Members in general meeting.
- Notices (a) All notices shall be in writing and shall be sent by
FAX, DX or by ordinary second class post to the address given to the
Secretary for the purpose by the Member upon first making application
for membership unless the Member shall have given written notification
of a change of address to the Secretary. (b) A notice to the Secretary
shall be sent by FAX, DX or by ordinary second class post to the address
notified to the Members at the Annual Meeting on election of the relevant
member as Secretary.
23 NOV 2000.
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