RUGBYFOOTBALL CLUBS

TEMPLATE RULES FOR USE WITH TEMPLATE

CASC AND NON-CASC ARTICLES OF ASSOCIATION

FOR RUGBY FOOTBALL CLUBS

INCORPORATED AS COMPANIES LIMITED BY GUARANTEE

CASC NOTE:

THE GOVERNMENT HAS MADE AMENDMENTS TO THE QUALIFYING CONDITIONS FOR COMMUNITY AMATEUR SPORTS CLUBS.

Please note that you should take specific legal and tax advice before adopting these Rules (or amending your existing rules to include these rules) to ensure that any amendments or changes are properly made and appropriate to your Club's circumstances, particularly where your Club is registered or intends to register as a CASC.
Where wording appears in square brackets you need to decide whether it (or, in the case of alternatives, which option) applies to your Club.
When you have completed the amendments you should check the clause numbering is sequential and cross-referencing correct.

FARDM1/25533/102/8397276.3(amendedbwb8/17)

[●] RUGBY FOOTBALL CLUB LIMITED (Club)

RULES

These rules of the Club are made pursuant to Article [●] and Article [●] of the Club's Articles of Association. The terms used shall have the same meaning as in the Articles of Association. The rules should also be used in conjunction with the Articles which contain more detailed provisions including whether or not the Club has the ability to pay players. Where there is any inconsistency between these Rules and the Articles of Association, the provisions of the Articles of Association shall prevail and in particular Article [17.5], which says that nothing in these Rules shall be permitted if it prejudices the Club’s status as a CASC.

  1. Membership

Under Article [●], the Club consists of [■Voting] Members [■and Non-Voting Members].

  1. Voting Members

The Voting Members shall be:

[Set out who the voting (or full) members of the Club are and what (if any) the requirements of membership of each category is. A test to establish who the voting members of the Club are is to ask who is entitled to attend and vote at a general meeting. Those who can attend and vote will be the Voting Members of the Club.

However, if your Club is registered or intends to register as a CASC, its full membership must be open to the whole community without discrimination and all full members must have equal voting rights. While it is acceptable for your Club to offer different classes of membership (e.g. Social Members, Associate Members) all classes must be given the choice to decide whether to become a voting member or to be a non-voting member.]

2.1people who participate in playing rugby union (whether competitively or not) for or at the Club [■and who are over 18 years old][HMRC's current guidance says that “a club may accept juniors as members without a right to vote until they reach the age of 18…[The] club would not be discriminating against juniors – membership is open to all even though juniors may have to wait until they are 18 to vote at annual general meetings.] (Playing Members);

2.2[■people who are supporters of the Club (Social Members)];

[■2.3coaches and/or officials who represent the Club in that capacity (Coach Members)];

2.4administrators and volunteers who have qualities to promote the objects of the Club, (Skilled Members)]; and

[■2.5][insert other categories],who have chosen to apply to be a Voting Member and who are admitted to the Club by the Board upon application in accordance with the Articles; and

2.6individuals who have been elected as HonoraryMembers of the Club in accordance with Article [■33.2.5/30.7].

  1. Non-Voting Members

[If your Club is registered or intends to register as a CASC, it is unlikely to be able to have many categories of Non-Voting Members except for junior members. All classes of members, including social members but not junior members, must be given the choice to decide whether to become a full member with full voting rights so HMRC would generally expect members to have voting rights unless they had actively chosen not to have them.]

The Non-Voting Members shall be:

3.1[■people who participate in playing rugby union (whether competitively or not) for or at the Club and who are under the age of 18 and who have chosen to apply to be a Non-Voting Member and who are admitted to the Club by the Board in accordance with the Articles (Junior Members);]

3.2[■people who are supporters of the Club who have chosen to apply to be a Non-Voting member and who are admitted to the Club by the Board in accordance with the Articles (Associate Members);][1] and

[■3.3][insert other categories].

  1. Rights and Privileges of Members
  2. Voting Members are entitled (under the Articles of Association) to receive notice of, attend and vote at general meetings of the Club (either in person or through his proxy), propose and second candidates for election, receive all Club publications and to such other membership rights as the Club in general meeting shall from time to time determine.
  3. Non-Voting Members are entitled to receive all Club publications and such other membership rights as the Club in general meeting shall from time to time determine. They are not entitled to receive notice of, attend and vote at general meetings of the Club or propose and second candidates for election.
  4. [Set out other privileges of membership]

[■5.Entrance Fee

[If your Club is registered or intends to register as a CASC, the cost of membership must not represent a significant obstacle, meaning that the membership fees must not exceed £1,612. Further, where costs associated with being a member are more than £520 a year (including membership fees), the club needs to make satisfactory provision for those that can’t afford to pay more than this amount. See paragraphs 2.5 to 2.8 of HMRC’s CASC guidance for further details – see link.]

There shall be such entrance fee for members as the Board may from time to time resolve in accordance with the Articles, [■currently £[●]].]

  1. Subscriptions
  2. The annual subscription payable by members of the Club, subject to alteration as provided later in this rule, shall be set by the Board from time to time in accordance with the Articles. The annual subscription is currently £[●].
  3. The subscription year shall be from [■1 January to 31 December] inclusive in each year. Any change in subscription made by the Board will be notified to members by being included in any notice, newsletter, or similar document posted to the member by being addressed to him at his last known address, or by posting this information prominently on the Website, on or before [■30 November] next following after the decision to make the increase and will take effect on the [■first day of January] following such notification.
  4. Members admitted at any time during the year shall pay the [■full annual subscription/such proportion of the annual subscription as apportioned to represent the number of full months remaining in the subscription year].
  5. [■In the event that a member's membership is terminated for any reason, no refund of a subscription or entrance fee shall be payable unless the Board decides otherwise.]
  6. Expulsion of Members

The Board has power under the Articles to expel a member in accordance with Article [■32].

  1. Rules Concerning Provision of Alcohol on the Club Premises
  2. Purchase for the Club and supply by the Club of intoxicating liquor must be in the absolute discretion of [■the Management Committee [provided these are all elected by the members and over 18]] [■a sub-committee of not less than [state number, recommended to be not less than four] members being members over the age of 18 and elected for that purpose by the members].
  3. If any member of the sub-committee for any reason ceases to be a member, he automatically ceases to be a member of the sub-committee, and another member must be elected by the members in his place.
  4. The sub-committee must not in any way be restricted in freedom of purchase.
  5. No one may at any time receive at the expense of the Club [■or any member] any commission, percentage or similar payment on or with reference to purchases of intoxicating liquor by the Club.
  6. No one may directly or indirectly derive any pecuniary benefit from the supply of intoxicating liquor by or on behalf of the Club to members or guests apart from any benefit accruing to the Club as a whole and apart also from any benefit which a person derives indirectly by reason of the supply giving rise to or contributing to a general gain from the carrying on of the Club.
  7. Guests
  8. Any member may introduce guests to the Club, and any player, coach, other team representative, match official or spectator attending the Club's premises (by invitation of the Club) who is not a member shall be a guest of the Management Committee, provided that no one whose application for membership has been declined or who has been expelled from the Club may be introduced as a guest.
  9. A member introducing a guest and any person introduced as a guest of the Management Committee must enter the name and address of the guest together with the name of the introducer in a book which must be kept on the Club's premises.
  10. No one may be admitted as a guest on more than [■four] occasions in any calendar year.
  11. Opening of Club premises

The Club is open between [●] and [●] on each day or at such other times or for such other periods as the Management Committee shall decide.

[For Licensed Clubs only]

  1. Permitted Hours

The permitted hours for the supply of intoxicating liquor and provision of regulated entertainment shall be as permitted by the Club's Club Premises Certificate.

  1. [■Dress Code]

[■The dress code for functions at the Club shall be [●].]

  1. [■Use of Clubhouse]

Members may use the Clubhouse for [●] purposes.

  1. Interpretation of the Rules

The interpretation of the rules shall be the prerogative of the [■Board].

1

FARDM1/25533/102/8397276.3

[1] Please note that if the Club uses the RFU model CASC documents for a trading subsidiary, then supporter members (or non-participating members for the purpose of the CASC legislation) will become Associate Members of the trading subsidiary so that they do not prevent the Club from meeting the participation threshold under the CASC legislation. In these cases, the wording in square brackets in these rules should be deleted.