CONSTITUTION OF Tree of Life Centre

Adopted on the 11 August 2022        

Updated                                 

 

PART 1          

1. Adoption of the Constitution. The Tree of Life Centre and its property will be administered and managed in accordance with the provisions in Parts 1 and of this Constitution.

2. The Name. The Centre’s name is Tree of Life Centre and in this document, it is called the Charity).

3. The Objects. The Charity’s object is ‘The promotion of holistic, relaxation, connection with spiritualism, a place of peaceful sanctuary offering comfort and support to the bereaved and to provide a safe haven for like-minded people.

4. The Charity Trustees The charity Trustees (in this document together called the Trustee) the roles within the Committee are attached annex A.

  1. Trustee x 2

5. Duties of the Trustees. The Trustees will ensure the charity has a clear strategy, and that its work and goals are in line with its vision. The trustee's role in the charity is to be the ‘guardians of purpose’, making sure that all decisions put the needs of the beneficiaries first.  They will safeguard the charity’s assets – both physical assets, including property, and intangible ones, such as its reputation. They will make sure these are used well and that the Tree of Life is run sustainably.  Trustees will not be involved in the day-to-day running of the charity. Instead, they will play the role of advisory to the Committee giving support and by challenging – in a supportive way.  Trustees will meet the Committee twice a year.

6. The Charity Committee.  The charity Committee (in this document together called the Comittee) the roles within the Committee are attached annex A.

  1. Founder / Chairperson
  2. Founder / Committee members x 2
  3. Elected Committee member x 1
  4. Elected Committee member x 1

who, are thereby responsible for controlling the management and administration of the charity.  At the yearly AGM the members of the Centre will vote for a new Committee.

7. Duties of the Committee. The Committee must manage the business of the Charity and they  have the following powers in order to further the Objects (but not for any other purpose):

  1. To raise funds.
  2. To buy, take on lease or in exchange, hire or otherwise acquire any property and to maintain and equip it for use.
  3. To sell, lease or otherwise dispose of all or any part of the property belonging to the Charity. In exercising this power, the Committee must comply as appropriate with sections 36 and 37 of the Charities Act 1993;  
  4. To borrow money and to charge the whole or any part of the property belonging to the Charity as security for repayment of the money borrowed. In exercising this power, the Committee must comply as appropriate with sections 38 and 39 of the Charities Act 1993;
  5. To co-operate with other charities, voluntary bodies and statutory authorities and to exchange information and advice with them;
  6. To acquire, merge with or enter into any partnership or joint venture arrangement with any other charity formed for the Object;
  7. To set aside income as a reserve against future expenditure but only in accordance with a written policy about reserves;
  8. To obtain and pay for such goods and services as are necessary for carrying out the work of the Charity including but not inclusive:
  9. Insurance - to cover property, stock and liability to the public for events;
  10. Training
  11. Mediums expenses
  12. Rent
  13. To open and operate such bank and other accounts as the Committee consider necessary and to invest funds and to delegate the management of funds in the same manner and subject to the same conditions as the Committee of a trust are permitted to do by the Trustee Act 2000; 
  14. To do all such other lawful things as are necessary for the achievement of the Object.

8. Application of the Income and Property.

  1. The income and property of the Charity shall be applied solely towards promoting the object.
  2. A Committee member may pay out of, or be reimbursed from, the property of the Charity reasonable expenses properly incurred by him or her when acting on behalf of the Charity.
  3. None of the income or property of the Charity may be paid or transferred directly or indirectly by way of dividend bonus or otherwise by way of profit to any member of the Charity. This does not prevent:

(1)        A person who is not also a Committee member from receiving reasonable and proper remuneration for any goods or services supplied to the Charity                                                                     

(2)        A Committee member from buying goods or services from the Charity or otherwise enjoying the facilities provided by the Charity upon the same terms as other members;

(3)        The purchase of indemnity insurance for the Committee members against any liability that by virtue of any rule of law would otherwise attach to a Committee member or other in respect of any negligence, default breach of duty or breach of trust of which he or she may be guilty in relation to the Charity but excluding:

(a)        Fines;

(b)        Costs of unsuccessfully defending criminal prosecutions for offences arising out of the fraud, dishonesty or wilful or reckless misconduct of  Committee member;

(c)        Liabilities to the Charity that result from conduct that the Committee member or other knew, or ought to have known, was not in the best interests of the Charity, or in respect of which the person concerned did not care whether that conduct was in the best interests of the Charity or not.

(4.)  No Committee member may be paid or receive any benefit for being a Committee member, other then travel expenses.

9.  Dissolution.

  1. If a Charity is to be dissolved, either by resolution of the members the Committee members will remain in office as charity Committee member and be responsible for winding up the affairs of the Charity in accordance with this clause.
  2. The Committee members must collect in all the assets of the charity and must pay or make provision for all the liabilities of the charity from it’s assets.   3.  The Committee members must apply any remaining property or money:

 (1)        Directly for the Object.

(2) By transfer to any charity or charities for purposes the same as or similar to the Charity.

(3)             In such other manner as the Charity Commission for England and Wales ("the Commission") may approve in writing in advance.

3. The Committee members may pass a resolution before or at the same time as the resolution to dissolve the Charity specifying the manner in which the Committee members are to apply the remaining property or assets of the Charity and the Committee members must comply with the resolution if it is consistent with sub-clause c above. 

4. In no circumstances shall the net assets of the Charity be paid to or distributed among the Committee and members of the Charity.

5. The Committee members must promptly notify any United Kingdom charity regulator with which the charity may be registered that the charity has been dissolved. The Committee members are obliged to comply with the requirements of any such regulator for the submission of final accounts and related paperwork as they may specify from time to time.

10. Choice of Law and Interpretation.

  1. The governing law of the Charity shall be the law of England and Wales.
  2. This document shall be interpreted in accordance with the law of England and Wales, provided that it will not permit the charity’s property to be applied for any purpose or transferred to any organisation which is not charitable in accordance with any statutory provision in force in any part of the United Kingdom.

 

11. Amendments. Any provision contained in Part 1 of this constitution may be amended provided  that:

1 .No amendment may be made that would have the effect of making the Charity cease to be a charity at law.

2. No amendment may be made to alter Clause 3 or to Clause 7 without the prior written consent of the Commission.

3. No amendment may be made to Clause 6.

4. Any resolution to amend a provision of Part 1 of this constitution is passed by not less than two thirds of the members present and voting at a general meeting equivalent title as shown at Paragraph 1(1) (a) above.
5. A copy of any resolution amending this constitution must be sent to the Commission within twenty-one days of it being passed.

PART 2

 

  1. The Charity shall be managed and administered in accordance with the provisions of Part 1 of this constitution.
  2. Subject to Clause 1 of Part 2 the following provisions shall apply to the charity: 
  3. Membership. Charity membership within the organisation is voluntary; those that wish to ‘opt out’ are to notify the Committee members.  Once agreed, they will not benefit from reduced rates of the Charity events.
  4. Subscriptions. The main source of income for the Charity is yearly subscriptions from members which are detailed below; and donations.

(1)        Membership £12  

1. Accounts.

The Committee members must comply with their obligations under the Charities Act 1993 with regard to:

(1)        The keeping of accounting records for the Charity;

(2)        The preparation of annual statements of account for the Charity;

(3)        The transmission of the statements of account to the Charity;

(4)        The preparation of an annual report and its transmission to the Commission;

 

2.  Virgin Money Charity Account  has been opened, the Chairperson and Committeee member 1 being the Signaturies to sign each cheque, or approve withdrawals, on the change of the Committee the outgoing Committee members to inform the bank of the replacement names and they will become the new signaturies and will arrange with the Bank their signatures to take over as authorised signatures for the account.

  1. Accounts must be prepared in accordance with the provisions of any Statement of Recommended Practice or other instructions issued by the Commission (and any other United Kingdom charity regulator with which it may be registered from time to time), unless the Trustees are required to prepare accounts in accordance with the provisions of such a Statement prepared by another body.

 

3. Central Register of Charities. The Committee members must notify the Commission promptly of any changes to the Charity’s entry on the Central Register of Charities.

4. Rules and Bye-Laws.

  1. The Committee members may from time to time make rules or bye-laws for the conduct of their business.
  2. The bye-laws may regulate the following matters but are not restricted to them:

(1)        The admission of members of the Charity (including the admission of organisations to membership) and the rights and privileges of such members, and the entrance fees, subscriptions and other fees or payments to be made by members.

(2)        The conduct of members of the Charity in relation to one another.

(3)        The setting aside of the whole or any part or parts of the Charity’s premises at any particular time or times or for any particular purpose or purposes.

(4)        The procedure at general meetings and meetings of the Committee members in so far as such procedure is not otherwise regulated by this constitution.

(5)        The keeping and authenticating of records.  (If regulations made under this clause permit records of the Charity to be kept in electronic form and require a Committee member to sign the record, the regulations must specify a method of recording the signature that enables it to be properly authenticated.

(6)        Generally, all such matters as are commonly the subject matter of the rules of an unincorporated association.

  1. The Charity in general meeting has the power to alter, add to or repeal the rules or bye-laws.
  2. The Committee members must adopt such means as they think sufficient to bring the rules and bye-laws to the notice of members of the Charity.
  3.        The rules or bye-laws shall be binding on all members of the Charity.
  4. No rule or bye-law shall be inconsistent with, or shall affect or repeal anything contained in, this constitution.

 

This Constitution was formerly adopted by the Charity with effect from Date 11 August 2022.

 

Signed:                         Name:                        Date:   

 

 

ANNEX A

 ROLES IN TREE OF LIFE CENTRE  

 

Trustees

Tim Woolsey

Kevin Hawkeswood

Trustees will ensure the charity has a clear strategy, and that its work and goals are in line with its vision. The trustee's role in the charity is to be the ‘guardians of purpose’, making sure that all decisions put the needs of the beneficiaries first, but will not be involved in the day to day running of the organisation.  The Trustees safeguard the charity’s assets – both physical assets and its reputation. They will make sure the charity is run sustainably.  The Trustees play the role of a ‘critical friend’ to the Chair Person and Committee by giving support and by challenging – in a supportive way 

Founder Committee / Chair Person

 Wendy Hawkeswood

Provide leadership, represent the organisation, and ensure the organisation is managed effectively.  Plans meetings.

Founder / Committee Member 1

Wendy Woolsey

Deals with all aspects of financial, management, and financial making.  Provide year-end, reports to Trustees, Committee and members.  

Founder / Committee Member 2

 Paula Balfour

To assist in the running of the Centre.

Committee Member 3 & 4

 Vacant

To assist in the running of the Centre.

 

 

 

 

CHARTER

 

Adopted on the Date 11 August 2022

Updated Date

 

Introduction

 

  1. Organisation. The Committee members, to implement the aim of the fund and to approve and recommend grants and expenditure for the purpose of the fund. 

 

  1. Management of Funds. The Committee members are responsible for the supervision and routine running of the fund. 

 

  1. Accounting. The Committee members  are to prepare the accounts for audit at the end of the accounting period ready for the Charitable Trust if requested and to present to members at yearly AGM.

 

  1. Capital Holdings. The Charity must ensure that there is enough capital to meet the purpose its aim, to this end a reserve balance of £500 is set which should not be allocated.  This will maintain the Charity Fund until such time as further funding has been sourced; during this period no non-essential payments are to be made.  The Fund should be maintained to avoid this happening by ensuring an even balance of income and expenditure.

 

Purpose of the Fund

 

  1. Although the Fund is not created in order to maximise profits purely for financial gain it should never operate at a loss.

 

Individual Account Holders

 

  1. Individual Account holders are to be notified and a copy of authorised signatories, and authorisation limits to be held by the Committee members.

 

  1. Although the Fund is not created solely for the purpose of maximising profits and Revenue, it is in the interest of all Members that it remains financially healthy. There are a number of regular sources of income and expenditure.  These are listed and briefly explained below.

 

Sources of Income

 

  1. Regular Sources of Income. The regular sources of income provide the bulk of working capital for the Fund. 

 

  1. The regular sources of income to the Fund are as follows:

 

  1. Donations

 

  1. Bank Interest.

 

  1. Yearly Subscriptions.  Subscriptions are a voluntary contribution   

 

 

 

  1. Non-Regular Sources of Income. Although important, non-regular sources of income should not be included in calculations of the viability of proposed expenditure eg. Psychic Fairs, Lectures, Development Circle courses, psychic cuppas, and suppers.

 

Sources of Expenditures

 

  1. Expenditure will be necessary for two main reasons. The Fund must also spend money for the benefit of the Centre that will not necessarily generate an income (profit).

 

  1. Examples of expenditure necessary in order to generate income (profit) are listed below.

 

  1. Purchase of shop stock

 

  1. Purchases for special events.

 

  1. Examples of expenditure necessary for the benefit of members are listed below.

 

  1. Insurances.

 

  1. Rent for Hire Hall

           

  1. Medium’s Expenses

 

  1. Refreshments

 

  1. Conditions of Property. Every effort must be made to ensure the care and safety of all property items. 

 

  1. Insurance. The Committee members are responsible for ensuring adequate insurance cover for property, stock and cash is in place along with public liability cover as and when required.

 

Welfare

 

  1. An obvious benefit of a financially healthy Fund is its ability to assist in giving donations to local charities and any member in need of financial assistance for relief.

 

  1. The decision to issue donations rests with the Committee members.