Mt Eden Islamic Education and Information Center

Constitution

 

TRUST DEED OF New Zealand Muslim Brotherhood

1. Name

The name of the Trust shall be ‘New Zealand Muslim Brotherhood’ (hereinafter called the ‘Trust’).

2. Objectives

  1. To provide Islamic education in accordance with the teachings of the Holy Quran and Sunnah of the Holy Prophet Mohammad (peace be upon him) for any who wish to learn.
  2. To promote the social, economic and religious wellbeing of the Muslim community in New Zealand.
  3. To provide news and information on social, cultural, economic and religious matters which integrates the spiritual and temporal aspects of human existence.
  4. To promote healthy and productive recreational activities and facilities which are permissible under the Islamic code of behaviour and ethics, to all sections of the community for the development of a healthy mind, body and quality of life.
  5. To develop a vision of society endowed with a system of moral values, truthfulness, honesty and accountability. To be achieved with the cooperation of other business organisations locally or overseas which will create employment opportunities and other benefits for Muslim and other community in New Zealand in general.
  6. To invest the funds of the Trust in such a manner as may be allowed by Islamic and NZ law and to make disbursements and payments and otherwise support in any lawful way the interest of members and other lawful objects of the Trust.
  7. To carry on other objectives which may be capable the Trust capable of being conveniently achieved in connection with the above objectives of the Trust.

3. Management of the trust

The Board of Trustees (hereinafter called the ‘Board’) shall consist of not less than three (3) or more than seven (7) members. The Board of Trustees shall consist of

    1. A President
    2. A Vice President
    3. A Secretary
    4. A Treasurer and
    5. A committee of 1 other member.

  1. Any vacancies in Trusteeship and Membership of the Board shall be filled by suitably qualified practicing Muslims appointed by the remaining Board members, who shall have regard to the need to appoint persons interested in the Trust’s objectives and selected for their skill, expertise, professional and religious standing in the community or other qualifications.
  2. The office of Board of Trustees shall become vacant if:

    1. The member shall resign office by giving one (1) months written notice or
    2. The member becomes physically incapacitated, of unsound mind or turns away from following the Quran and Sunnah
    3. The member is continuously absent from New Zealand for a period of six (6) months without obtaining leave of absence from the  Board or
    4. Death of a member or
    5. By majority of the remaining members of the Board voting that the member has failed to fulfill the duties of Trusteeship or
    6. majority of the remaining members of the Board voting that the demeanor or attitude or conduct of the member is not supportive of the objectives of the Board and the removal of the member is in the interest of the progress and advancement of the Trust or
    7. The member has been convicted of a crime or
    8. Bankruptcy. 

A member of the Board of Trustees or any sub-committee appointed by it, shall lose his/her seat if he/she fails to attend three consecutive meetings without leave of absence.

  1. The Board of Trustees shall meet regularly or as necessary to carry on the business of the Trust.
  2. A record of the proceeding of each Board of Trustees meeting shall be kept, and copies distributed to all members within 7 days of the meeting being adjourned.
  3. 3 ( three) members shall form a quorum at any Board of Trustees meeting.
  4. Odinary meetings of the Board of Trustees shall be called by the Secretary at two-monthly intervals, or on such dates as the Board shall determine. At ordinary meetings of the Board of Trustees, the order of business shall be:
    1. Apologies
    2. Confirmation and acceptance of Minutes
    3. Business arising from Minutes
    4. Correspondence
    5. Treasurer’s report – accounts for payment or approval
    6. Report from any subcommittee
    7. General business
  5. Atall meetings the President shall preside. In his absence, the Vice President shall preside or in both their absences, those present shall appoint one of their members to preside.
  6. 14 (fourteen) working days notice shall be given of all Board of Trustees meetings.
  7. Notwithstanding Ordinary Meetings set out in clause 7 (c) above, a meeting of the Management Committee may be convened at any time upon the request of the President or 4 (four) members of the Committee.
  8. The Board of Trustees shall have the power to appoint sub- committees to be responsible for such areas of the Trust’s activities as it shall decide, and for the Management Committee or the sub-committee to have the power to co-opt members of any such sub-committee.

4. POWER OF BOARD MEMBERS

The Board of Trustees shall be responsible and accountable for the management of the affairs of the Trust and may exercise all the powers and authorities conferred by New Zealand law.

5. FINANCE

  1. The Trust’s financial year shall commence on the 1st day of April each year and end on the 31st day of March the following year.
  2. The Trustee’s of the Trust’s bank account shall be the Treasurer, President and one other Board of Trustees member to be elected by the Board. For signing of cheques and any withdrawal from the Trust’s bank account, the signature of the Treasurer plus one other Trustee shall be required.
  3. The monies of the Trust shall be paid into such bank or banks as the Board may from time to time determine to the credit of the Trust and all accounts shall be passed for payment by the Board of Trustees.
  4. All payments shall be by cheque or internet banking, not cash.
  5. No liability shall be incurred by any officer or member of the Trust without prior consent of the Board given at a properly held meeting.
  6. Forr the Trust to borrow money for the objectives of the Trust, the approval of a two-thirds majority of votes cast at a General Meeting shall be required.
  7. The funds of the Trust shall be devolved solely to the furtherance of the objectives of the Trust as set out in this trust deed.
  8. Any member and officer of the Trust may be reimbursed for any reasonable expenditure incurred or paid a reasonable remuneration for the services rendered to the Trust in their capacity as Member or Officer of the Trust, provided no member or officer of the Trust shall make private pecuniary gain in the course of their position or association with the Trust.  

6. PROCEEDINGS OF BOARD MEETINGS (MASHURAH)

Annual General Meeting

  1. There shall be held once in each year at a time and a place to be fixed by the Board of Trustees a General Meeting of the Trust. Such time so fixed shall be during the first two weeks of April.

    1. Notice of the Annual General Meeting and Agenda shall be forwarded to every member at their last notified address in writing not less than 14 (fourteen) days (or such other minimum period as the Board of Trustees shall prescribe) prior to the date fixed by the Board of Trustees for the meeting.
    2. At any General Meeting the attendance of 15 (fifteen) shall form a quorum.
    3. Such meeting shall be held for the following purposes:
      • To read the minutes of the previous Annual General Meeting and any special general meeting held since then, to receive an annual report, balance sheet and statement of accounts duly audited for the preceding year and adopt the same.
      • To elect the officers of the Trust and members of the Board of Trustees for the ensuing year and to elect any other office bearers as may be required by the meeting.
      • To decide on any motion which may be submitted to the Meeting provided that such motion shall have been first submitted in writing to the General Committee at least 14 (fourteen) working days before the date of the Annual General Meeting.
      • To appoint an Honorary Auditor, who is a qualified accountant and shall not be a member of the Board of Trustees.
      • To discuss general business.

  2. Special General Meeting of the Trust may be called as follow:

    1. By a resolution of the Board of Trustees.
    2. On the application of a member subject to expulsion by the Board of Trustees.
 

Any such Special General Meeting shall be held as soon as convenient after the passing of such resolution or the receipt of such requisition, at such time and place as the Board of Trustees shall fix, but not later than 30 (thirty) days thereafter. 14 (fourteen) days notice in writing shall be given to every member at their last notified address, specifying the time, place and object of such special meeting and no business shall be transacted there other than that specified in the notice.

7. VOTING

Unless otherwise provided by these rules, voting at all meetings both Committee and General shall be by a show of hands.

In all contested offices at a General Meeting, the voting shall be by secret ballot. Notwithstanding the aforementioned on any issue where ten or more members present request a secret ballot, the voting shall be by secret ballot.

Each motion submitted to a meeting shall be decided in the first instance on the voices or if demanded on a show of hands. In the case of equality of voting, the chairperson shall have the casting vote.

8. STANDING ORDERS

The following shall be the standing orders of the Trust.

  1. On all questions regarding these standing orders or point of order, the Chairperson’s ruling shall be final provided that it shall be competent for any such member to move that the meeting disagree with such ruling, which being seconded shall be put to the meeting without further discussion.
  2. No motion shall be discussed before it has been proposed and seconded.
  3. Any member, excepting the mover and seconder of any motion under discussion may move an amendment thereto and on being seconded such amendment shall be open for discussion.
  4. No Further amendment shall be received by the Chairperson until the amendment before the meeting is dealt with.
  5. Amendment must be dealt with before the substantive motion.
  6. On all motions of questions before the meeting, each member may speak once except the mover of the motion who alone shall have the right of reply, provided that the Chairperson may use his/her discretion upon special application for the right to speak twice to a motion.
  7. All questions shall be addressed to the Chair.
  8.  In addition to his deliberate vote, in event of equality of voting, the Chairperson may exercise a casting vote.
  9. No subject which has been negated or passed at any meeting shall be brought up by discussion except by notice of motion of which 14 (fourteen) days notice to members must be given.

9. INCORPORATION

The Society shall be registered under the provisions of the New Zealand “The Charitable Trust Act 1957”.

10. SEAL

The common seal of the Trust shall be kept in the custody of the Secretary. Instruments to which the seal of Trust is affixed shall be sufficiently executed on behalf of the Trust if the seal is affixed in the presence of the President and the Secretary and then only in the pursuance of the resolution of the Board of Trustees.

11. INTERPRETATION OF RULES

If any doubt shall arise as to the proper meaning of any of these rules the decision of the Board of Trustees thereon shall be final and conclusive, provided such decision is reduced to writing and recorded in the minutes of proceedings of the meeting.

12. ACCOUNTS

The Board members must maintain proper accounting records at all times. These records must contain timely, accurate and complete details of all financial activities of the Trust. These accounts shall be kept at the Board's office or at such other place as the Board of Trustees think fit and shall always be open for inspection by any Board member. These records must be kept for a minimum 7 years as required by the New Zealand Inland Revenue Department.

13. RELIGIOUS CONFLICTS

Any religious conflicts or disagreements arising within the Board Members shall be resolved by three independent qualified Muslim religious scholars (Alims) in the Shura Council whose majority decision shall be final and binding on all of the Members of the Board.

14. SHURA COUNCIL   

Shura Council roles:

    • Supporting role, working alongside the Board of Trustees
    • Advising the Board of Trustees on Islamic matters only.

Members of a Shura Council must be:

    • Muslim
    • Tertiary qualified from a recognised Islamic tertiary institution.  
    • Have been residing in New Zealand continuously for a minimum period of five years.

15. ALTERATIONS OF THE CONSTITUTIONS

Any of these rules may be altered, added to or rescinded by a resolution passed at any Annual or Special General Meeting by a two-third majority of the members present at such meetings provided that notice of the intention to propose such resolution shall have been given in writing to all members. No rescission, alteration, amendment or addition to these Rules shall be in conflict with any of the provisions of the objects or powers of the Board or of the Charitable Trusts Act 1957.

Any amendments to the constitutions should not affect clause 5(h) and 16 of this constitution.

16. DISSOLUTION

The Trust may be voluntarily wound up if its members pass a resolution requiring the Trust to be wound up and the resolution is confirmed at a subsequent General Meeting called together for that purpose and held not earlier than 30 (thirty) days after that date on which the resolution to be confirmed was passed.

In the event of the Trust being dissolved and there remains after the satisfaction of all its liabilities, any surplus  funds including any property real or personal, it shall be paid to or distributed equally to another non profit organisation  within New Zealand. 

 

 

 

 

About Us | Privacy Policy | Contact Us | © 2007 Mt Eden Islamic Information Center