5 Members
5.1 The Members of the Union shall be the corporate bodies and the individual persons whose names are for the time being entered in the Register of Members and in the case of individual persons who are nominees of unincorporated bodies the name of the unincorporated body whose nominee the Member is shall be entered against the name of the Member concerned.
5.2 All Members of the Council excluding those Members co-opted under the provisions of Rule 12.12 shall be Members for such period as they are Council Members.
5.3 Subject to Rule 5.2 the admission of Members shall be under the control of the Council which shall from time to time determine the criteria and conditions applicable for the approval of membership and it shall be a condition precedent to admission to membership and a condition precedent of continuing membership that upon application for membership and thereafter once in any calendar year and at any other time or times the Chief Executive may require a Club shall disclose to the Chief Executive in such form or return as the Management Board reasonably requires:
5.3.1 full particulars of its legal structure;
5.3.2 full particulars of the immediate, any intervening and any ultimate legal and beneficial ownership or control of the Club;
5.3.3 full particulars of any contracts, agreements, arrangements or understandings, be it by way of option, joint venture, financial, loan acquisition or any other commercial agreement or arrangements whether legally enforceable or not, entered into the intention or effect of which is or which gives any party thereto any power to affect, prejudice, alter or change the ownership or control of the Club.
5.3.4 the terms of any agreement, lease or licence pursuant to which the Club owns or has the right to use any property for the purpose of playing the Game.
5.4 The Council shall have power to admit to membership of the Union:-
5.4.1 A Constituent Body or Club that is incorporated.
5.4.2 The secretary (or subject to the approval of the Council any other officer or official) as its nominee of a Constituent Body or Club that is unincorporated.
5.4.3 The secretary (or subject to the approval of the Council any other officer or official) as its nominee of a union, league, combination or association of Clubs approved under Rule 12.15.
5.5 The admission to membership of a Constituent Body or Club or its nominee if unincorporated shall constitute an undertaking by that Constituent Body or Club on behalf of itself and its members and employees to be bound by these Rules, the RFU Regulations, the Laws of the Game and the IRB Regulations.
5.6 Any association of persons of which the principal object is the playing of the Game and which desires to apply to be a Member or if unincorporated nominate a person to be a Member must be in membership with a Constituent Body and shall be proposed and seconded by two Clubs. Each application shall be made on an official form approved by the Management Board and obtainable from the Chief Executive which shall be submitted through such Constituent Body together with such particulars and information as the Council may require under the provision of Rule 5.3. The application must be endorsed both by the proposing and seconding Clubs and also with the minuted recommendation of the Constituent Body forwarding it to the Chief Executive. Applications may be submitted at any time.
5.7 When an applicant for membership requests from the Chief Executive the official form to apply for membership it shall state the Constituent Body with which it is in membership or is seeking membership and which will be submitting its application to the Union under Rule 5.6, and the Chief Executive on forwarding the form shall confirm that it will be allocated under Rule 16.1 to such Constituent Body on approval of its application or otherwise advise the applicant if the allocation will be to another Constituent Body through which the application will have to be made.
5.8 Each Constituent Body or Club which is in membership with the Union at the date these Rules take effect pursuant to Rule 29 shall be admitted to membership in accordance with Rule 5.4 and must immediately send a copy of its rules if incorporated or if unincorporated confirm the name and address of its secretary for entry in the Register of Members as its nominee and thereafter every Constituent Body or Club the secretary of which is a Member as its nominee must immediately following a change of its secretary notify the Chief Executive of the name and address of its new secretary or other nominated officer or official for the Register of Members to be amended accordingly.
5.9 Each Member shall be furnished annually with a copy of the Handbook which shall contain copies of these Rules, the RFU Regulations, the Laws of the Game and the IRB Regulations.
5.10 A Member may withdraw from the Union at any time by giving to the Chief Executive written notice of the intention so to do provided that the Member shall remain liable for all monies then due and owing to the Union.
5.11 A Club shall be liable to suspension or termination of its membership or privileges as the Council may determine if:-
5.11.1 It shall not have paid its annual subscription and the appropriate Death and Total Disability Accident Insurance premiums by 1 November each year.
5.11.2 It shall cease to satisfy the criteria and conditions for membership as determined by the Council under Rule 5.3.
5.11.3 It shall cease to be in membership with its Constituent Body
5.11.4 It does not conform to any reasonable directive by the Council and/or the Management Board as to its standards of play, administration or general behaviour.
5.12 A Member shall be liable to termination or suspension of membership or to other appropriate punishment by the Union for any infringement of these Rules, the RFU Regulations, the Laws of the Game or the IRB Regulations or for any conduct which is prejudicial to the interests of the Union or the Game, and the Union shall have power similarly to discipline any Constituent Body or Club whose nominee is a Member or any player, official, member or employee of a Constituent Body or Club for any such offence. The procedure for and the conduct of disciplinary hearings shall be prescribed by the Council and shall be published in the Handbook.
5.13 A Member shall cease to be a Member:-
5.13.1 In the case of a corporate Member on ceasing to be corporate.
5.13.2 On termination of membership by the Council.
5.13.3 On withdrawal from the Union.
5.13.4 On replacement as the nominee of a Constituent Body or Club.
6 Special Rights and Privileges
6.1 Past Presidents of the Union shall not be Members but shall be entitled to such rights and privileges as the Council may from time to time determine.
6.2 The Council shall have power to recognise any person whose service to the Union or to the Game shall in its opinion merit such recognition by granting such rights and privileges as the Council may from time to time determine. All persons being honorary members of the Union at the date these Rules take effect pursuant to Rule 29 shall be recognised under this Rule.
6.3 The Council shall have power to recognise as an Associate of the Union but not as a Member any Overseas Union or Overseas Club upon such terms and with such privileges as the Council shall from time to time decide. All Overseas Unions and Overseas Clubs in membership with the Union at the date these Rules take effect pursuant to Rule 29 shall be recognised as Associates of the Union.
6.4 The R.F.U.W. and the Great Britain Wheelchair Rugby Association shall be recognised as Associates of the Union but not as Members upon such terms and with such privileges as the Council shall from time to time decide.
6.5 The Council shall have power to recognise any union or club situated in England whose contribution to the Game shall in its opinion merit such recognition as an Associate of the Union but not as a Member upon such terms and with such privileges as the Council shall from time to time decide.
7. Share Capital
7.1 The capital of the Union shall consist of shares of the value of one pound each.
7.2 Every Member shall hold one share and no more in the capital of the Union. No person who is not a Member shall be issued with a share.
7.3 Each Member of the Union at the date these Rules take effect pursuant to Rule 29 who or which is eligible to be a Member or to appoint its secretary as its nominee under Rule 5.8 shall be allotted one share in the name of the Member or the name of the nominee as the case may be.
7.4 Any Member or nominee of a Constituent Body or Club admitted to membership after the date on which these Rules take effect pursuant to Rule 29 shall be allotted one share on admission.
7.5 In the case of every Constituent Body or Club the share allotted to it or its nominee shall be paid up in full by applying one pound of the subscription next received from it after the date of admission to membership.
7.6 No share shall be held jointly, be withdrawable or subject to Rule 7.7 be transferable by any Member and no interest, dividend or bonus shall be payable on any share. Any Member transferring or attempting to transfer a share other than under the provisions of Rule 7.7 shall if the Council so decides be deemed to have withdrawn from the Union as from the date of such transfer or attempted transfer.
7.7 Shares held by nominees of Constituent Bodies or Clubs shall be transferable to succeeding nominees in such manner as the Council may from to time determine.
7.8 The share of a Member shall be forfeited to the Union when that Member for whatever reason ceases to be a Member and any amount then due to the Member in respect of such share shall thereupon become the property of the Union.
7.9 The Union shall not be required to issue a certificate to any Member in respect of the share allotted to that Member. |