Constitution

Constitution of AFC Cubo (Established 1999)
  1. Name

The club shall be called AFC Cubo (the Club) and in all non official communications may be variously referred to as “The Mighty Cubo” or “The Baby Blue Army”.  New unofficial names may be added to the constitution when a resolution is supported at the AGM by a 2/3 majority.  All members of the club will be referred to as “Cubo Boys” or “Cubans”.

  1. Objectives

The objectives of the Club shall be to arrange association football matches and social activities for its members.  Cubo is founded on the principle of bringing together top, top, lads who happen to be good at football and with that in mind individuals who do not possess the right character, integrity, footballing philosophy or flair clobber may be refused permission to play (unless they play in goal).  The club shall aim to play at the highest level possible without resorting to the recruitment of “rogues” in order to progress and shall from time to time hold fundraising activities to support nominated charities.

  1. Status of Rules

These rules (the Club Rules) form a binding agreement between each member of the Club.

  1. Rules and Regulations

(a) The Club shall have the status of an Affiliated Member Club of The Football Association by virtue of its affiliation to/membership of The Football Association. The Rules and Regulations of The Football Association Limited and parent County Association and any League or Competition to which the Club is affiliated for the time being shall be deemed to be incorporated into the Club Rules.

(b) No alteration to the Club Rules shall be effective without prior written approval by the parent Association.

(c) The club and its members will abide by the clubs Child Protection Policy, Codes of Conduct and the Equal Opportunities and Anti-Discrimination Policy which have been developed using guidance and good practice from The Football Association.  This does not extend to allowing the admittance of “rogues”.

  1. Club Membership

(a) The members of the Club shall be those persons listed in the register of members (the Membership Register) which shall be maintained by the Club Treasurer.

(b) Membership is defined by the payment of Annual Registration fees.  Life Membership shall be awarded when supported by a 2/3 majority following a vote at the AGM.  Life members will be entitled to very little in real terms other than the unconditional love and affection of all Cubo Boys.

(c) In the event of a member’s resignation or expulsion, his or her name shall be removed from the Membership Register with no-refund.  Application for refund may be submitted to the committee and if unsuccessful appealed at the AGM.

(d) The Football Association and parent County Association shall be given access to the Membership Register on demand.

  1. Annual Membership Fee

(a) An annual fee payable by each member shall be determined from time to time by the vote of the Club following suggestions from Club Committee. Any fee shall be payable on a successful application for membership and annually by each member. Fees shall not be repayable.

(b) The Club Committee shall have the authority to levy further subscriptions from the members as are reasonably necessary to fulfil the objects of the Club.

  1. Resignation and Expulsion

(a) A member shall cease to be a member of the Club if, and from the date on which, he/she gives notice to the Club Committee of their resignation.

(b) The Club Committee shall have the power to expel a member when, in their opinion, it would not be in the interests of the Club for them to remain a member. There shall be no appeal procedures.

(c) A member who resigns or is expelled shall not be entitled to claim any, or a share of any, of the Club Property.

  1. Club Committee

(a) The Club Committee shall consist of the following Club Officers: Chairman, Treasurer, 1st XI Secretary, 2nd XI Secretary, 1st, 2nd XI managers and up to 3 Social Secs elected at an Annual General Meeting.  All positions will automatically become available for re-election at each AGM.  Election for all positions will to some extent be based on who turns up on the day.  Election to the committee will become official once the Nominee has consumed 1 Pint Guinness.  New positions can be created by bringing a resolution at the AGM that should be supported by a 2/3 majority.

(b) Each Club Officer and Club Committee Member shall hold office from the moment of consuming the Pint of Guinness until the next Annual General Meeting unless otherwise resolved at a Special General Meeting. One person may hold no more than three positions of Club Officer at any time. The Club Committee shall be responsible for the management of all the affairs of the Club. Decisions of the Club Committee shall be made by a simple majority of those attending the Club Committee meeting. The Chairman of the Club Committee meeting shall have a casting vote in the event of a tie. Meetings of the Club Committee shall be chaired by the Chairman or in their absence a nominated representative.

(c) Decisions of the Club Committee of meetings shall be entered into the Minute Book of the Club to be maintained by the Club Secretary. 4

(d) Any member of the Club Committee may call a meeting of the Club Committee by giving not less than 7 days’ notice to all members of the Club Committee. The Club Committee shall hold not less than four meetings a year.

(e) An outgoing member of the Club Committee may be re-elected. Any vacancy on the Club Committee which arises between Annual General Meetings shall be filled by a member proposed by one and seconded by another of the remaining Club Committee members and approved by a simple majority of the remaining Club Committee members.

(f) Save as provided for in the Rules and Regulations of The Football Association and the County Association to which the Club is affiliated, the Club Committee shall have the power to decide all questions and disputes arising in respect of any issue concerning the Club Rules.

  1. Annual and Special General Meeting

(a)An Annual General Meeting (AGM) shall be held in each year to:

(i) receive a report of the activities of the Club over the previous year

(ii) receive a report of the Club’s finances over the previous year

(iii) elect the members of the Club Committee

(iv) consider any other business.

(v) go on an all-dayer

(vi) give out annual awards

(vii) fine inappropriate behaviour during the season

(viii) “welcome” new members.

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(b) Nominations for election of members as members of the Club Committee shall be made in writing by the proposer and seconder at the AGM.

(c) A Special General Meeting (SGM) may be called at any time by the Committee and shall be called within 21 days of the receipt by the Club Secretary of a requisition in writing signed by not less than five members stating the purposes for which the Meeting is required and the resolutions proposed. Business at an SGM may be any business that may be transacted at an AGM.

(d) The Social Secretary shall send to each member at their last known email address written notice of the date of an Annual General Meeting together with a vague agenda or plan that may or may not bear any resemblance to reality.

(e) The quorum for a General Meeting shall be 15 Club members.

(f) The Chairman, or in their absence a member selected by the Club Committee, shall take the chair. Each member present shall have one vote and resolutions shall be passed by a simple majority. In the event of an equality of votes the Chairman of the Meeting shall have a casting vote.

(g) The Club Secretary, or in their absence a member of the Club Committee, shall enter Minutes of General Meetings into the Minute Book of the Club. 5

  1. Club Teams

At its first meeting following each AGM the Club Committee shall appoint a Club member to be responsible for each of the Club’s football teams. The appointed members shall be responsible for managing the affairs of the team. The appointed members shall present to the Club Committee at its last meeting prior to an AGM a written, or more likely, verbal report of the activities of the team.

  1. Club Finances

(a) A bank account shall be opened and maintained in the name of the Club (the Club Account). Designated account signatories shall be the Club Chairman and the Treasurer. No sum shall be drawn from the Club Account except by cheque signed by the designated signatories. All monies payable to the Club shall be received by the Treasurer and deposited in the Club Account.  Bearing in mind internet banking, the virtual obsolescence of cheques and the difficulty of tracking anyone down then email confirmation prior to monies being used from at least 2 other committee members is fine.

(b) The income and assets of the Club (the Club Property) shall be applied only in furtherance of the objects of the Club.

(c) The Club Committee shall have power to authorize the payment of remuneration and expenses to any member of the Club and to any other person or persons for services rendered to the Club.

(d) The Club shall prepare an annual Financial Statement in such form as shall be published by The Football Association from time to time.

(e) The Club Property, other than the Club Account, shall be vested in not less than two and no more than four custodians, one of whom shall be the Treasurer (the Custodians), who shall deal with the Club Property as directed by decisions of the Club Committee and entry in the Minute Book shall be conclusive evidence of such a decision.

(f) The Custodians shall be appointed by the Club in a General Meeting and shall hold office until death or resignation unless removed by a resolution passed at a General Meeting.

(g) On their removal or resignation a Custodian shall execute a Conveyance in such form as is published by The Football Association from time to time to a newly elected Custodian or the existing Custodians as directed by the Club Committee. On the death of a Custodian, any Club Property vested in them shall vest automatically in the surviving Custodians. If there is only one surviving Custodian, a Special General Meeting shall be convened as soon as possible to appoint another Custodian.

(h) The Custodians shall be entitled to an indemnity out of the Club Property for all expenses and other liabilities reasonably incurred by them in carrying out their duties. 6

  1. Kit

(a) The primary playing colour of the Club will forever be baby blue.  Only should the FA decide to outlaw the colour will the constitution provide any option to change this term.  Under these circumstances the committee are likely to refer the club to Part 13 of the constitution.

(b) The Club’s change of playing colour will be determined by the Club Committee as required from time to time and shall likely be determined by cost.

  1. Dissolution

(a) A resolution to dissolve the Club shall only be proposed at a General Meeting and shall be carried by a majority of at least three-quarters of the members present.

(b) The dissolution shall take effect from the date of the resolution and the members of the Club Committee shall be responsible for the winding up of the assets and liabilities of the Club.

(c) Any surplus assets remaining after the discharge of the debts and liabilities of the Club shall be transferred to the parent Association who shall determine how the assets shall be utilised for the benefit of the game. Alternatively, such assets may be disposed of in such other manner as the members of the Club with the consent of the parent Association shall determine.

1st Amendment – Selection Policy

With respect to selection common sense should prevail at all times.  The below guidelines are designed to give captains a framework for consistency and some transparency to the club as to how selection will be decided.

  • Paid Membership is a pre-requisite for selection.  The only time a player who has not paid membership would take a place in the squad ahead of someone who has paid would be in the case of emergency goalkeepers.
  • 1st XI pick their squad from available players, then 2nd XI.  At all times the Managers will try to balance mutual interests.
  • No-one missing a game either through absence, injury or suspension should expect to play the next game.
  • Absence from one team to play for a higher level team will not be deemed to be absence and every effort should be made to start this player in the next game when returning to his standard team.  This shall be known as “The Hooper Ruling”.
  • Final selection will then be based on Captain/Managers judgement balancing strategy, form, rotation, opposition etc with common sense, fairness and a desire to win.