Irish Aubrac Cattle Breed Society Limited

IV. RETIREMENT, CESSATION, SUSPENSION AND CANCELLATION OF MEMBERSHIP, EXPULSION

11. Suspension of Membership

If any member of the Society fails to pay his annual Subscription for any year within three months of the same becoming due, he shall automatically (but without prejudice to any outstanding liabilities already incurred by him), cease to be a member of the Society and his name shall be removed from the register of members, but he shall be eligible for re-admission at the discretion of the Council upon payment of all arrears due from him while a member and of the amount of any subscriptions which would have been payable by him if he had continued a member of the Society up to the time of his re-admission.

12. Retirement

Any member of the Society, who shall desire to retire, shall give notice in writing of the fact to the Secretary and, thereupon, his name shall be removed from the register of members and he shall be deemed to have retired (but without prejudice to any outstanding liabilities already incurred by him).

13. Expulsion

If any member of the Society:

i) Shall wilfully refuse or neglect to comply with the provisions of the Rules of the Society or of any Bye-laws, rules or regulations made there under and for the time being in force, or shall be adjudged bankrupt, or shall make any composition or arrangement with this creditors, or shall be convicted of an indictable offence; or

ii) shall, in the opinion of the Council, have falsified the birth of any animal, or falsified any records, or concealed any fact material to the breeding or interest of Aubrac cattle as a breed; or

iii) shall, in the opinion of the Council, have been guilty of any conduct unworthy of a member of the Society.

Then and in any such case, such member shall be liable to expulsion from the Society by a resolution of the Council provided:

a) that two-thirds of the members present and voting at a Council meeting vote for his expulsion;

b) that he shall have received, in writing, at least one week’s notice of any meeting of the Council at which such resolution is to be proposed together with particulars of the charge alleged against him; and

c) that he shall be permitted by the Council to attend such meeting and to address the Council or to submit a written memorandum to the Council in his defence before such resolution is voted upon.

If such resolution is not carried by the Council, the Council may thereupon and at the same meeting, by a vote of two-thirds of the members present and voting, suspend such member from membership for such period as it may determine or censure such member or impose upon him not as a penalty but as liquidated damages such sum as the Council may decide.

14. Notice of Expulsion

If any member shall be expelled or suspended from membership of the Society, or censured or shall have had imposed upon him a sum by way of liquidated damages, under Rule 13, a written notice of such event shall forthwith be sent by the Society to such member by registered post, addressed to him at his last known place of business. A notice of the said event, with or without particulars of the alleged offence, and the name and address of the member concerned, may, at the discretion of the Council, be communicated to every member of the Society.

15. Removal from Register of Members and Treatment of Falsified Cattle Records

Any member who is expelled from the Society under the provisions of Rule 13, shall forthwith have his name removed from the register of members and shall forfeit all rights and privileges as a member of the society (but without prejudice to any outstanding liabilities already incurred by him). Where a member has been expelled under section (ii) of Rule 13, the Council shall take such action as they may think fit in relation to the registration or transfer of any animal bred, owned or in the possession of such person.

16. Cancellation of Membership

The Council may at its option terminate the membership and cancel the share of the member and repay to the member the amount paid up on his share less such sum as may be due by him to the Society, if the member throughout the entire immediately preceding period of 2 years has, as determined by the Council in accordance with the procedure outlined in the second paragraph of Rule 5, either:

(i) Ceased to register pedigree animals with the Society.

Or

(ii) Ceased to be an owner of a Pedigree Aubrac Animal

The payment shall be on the discretion of the Council who shall satisfy themselves that such repayment and would not jeopardise the financial stability of the Society, and shall be made at such time and in such instalments as the Board shall decide.

17. Unclaimed Shares of Deceased Members

If (a) within six calendar months from the date upon which the Council shall have recorded in the Minute Book of the Society a resolution that the Council from its local knowledge is unanimously satisfied of the death of a member, whether such death has been formally proved or not, and

(b) the Secretary has certified in writing to the Council either that no claim has been received by the Society either from the personal representatives of such member or any relative of such member for the transfer of the shares in the capital of the Society held by him, or that such claim having been made the shares have not been accepted by the party entitled thereto;

it shall in such event be lawful for the Council to serve upon such persons as in the opinion of the Council are the personal representatives or the nearest of kin (if any) a notice in writing to the effect that unless such personal representative or next of kin apply within three calendar months from the date of such notice to the Society requesting transfer and accept such transfer the Council may cancel the said shares and transfer to the Profit and Loss account of the Society all monies paid or credited as paid thereto.

Upon expiry of the said period of three months without any claim having been received, or if a claim is made without the shares being accepted by the person appearing to the Council to be entitled thereto then and in such event it shall be lawful for the Council by resolution being passed to cancel the said shares and upon such resolution being passed the said shares shall be deemed for all purposes to have been cancelled and annulled and no claim shall lie against the Society by a person in respect thereof and all monies paid up or credited as paid up thereon shall be transferred to the Profit and Loss account of the Society.

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