组织化概念普及(十五)：成员

mason00

Membership
成员
Incorporated associations
What are the qualifications for membership?
Can an association have corporate or affiliated members?
Is there a limit on the number of members?
When does a person cease to be a member?
Can all members vote at a general meeting?
Can non-financial members vote at the annual general meeting?
Can non-financial members nominate others or stand for election?
Can persons under the age of 18 be members and vote?
What is the register of members?
Need more information?

What are the qualifications for membership?
什么是成员资格？
The association’s constitution is required to specify the qualifications for membership (if any).
组织章程需要指定成员资格(如果有的话)

If the constitution (adopted after 1 July 2010) does not set out any qualifications, the relevant provisions of the model constitution will apply.
如果章程(在2010年7月1日采纳)没有指定任何资格，示例章程中的相关内容将自动生效

The model constitution provides that a person is qualified to be a member if that person is a natural person (a human being) and either:
示例章程要求自然人可以拥有会员资格，且满足以下任意条件：
•the person has been nominated and approved for membership in accordance with the procedure set out in the constitution
•the person was a member of an unincorporated body immediately before its incorporation
•was a member of an association immediately before amalgamating
•was a member of a registrable corporation immediately before that entity registered as an association.
自然人通过章程规定流程通过提名和确认
组织未法人化之前的成员在法人化后自动获得成员资格
组织成员在组织合并后自动获得成员资格
可注册公司成员在注册为组织后自动获得成员资格

Can an association have corporate or affiliated members?
组合可以有其他法人团体成员或者关联成员吗？

An association's constitution may allow other incorporated bodies (such as incorporated associations, co-operatives or companies) to be members of the association or for the association to have affiliated members.
组织章程可以允许法人化实体(比如法人化组织，公司)作为成员或者关联成员

An association that wishes to make these provisions will need to adopt its own constitution and may need to obtain legal advice regarding appropriate clauses.
希望如此的组织需要采用自己的章程并且遵守相关法律条文

The model constitution does not cover these situations.
示例章程并没有涵盖相关内容

Is there a limit on the number of members?
成员数量有上限吗？
A maximum limit is not set for the numbers of members.
没有设定成员数量上限

However, an association must have at least five members at all times.
然而，任意时间组织必须至少有5人

An association’s incorporation may be cancelled if it has less than five members.
法人化组织在少于5人的情况下会被取消

When does a person cease to be a member?
成员如何被取消资格？

The association's constitution should set out the circumstances in which membership ceases.
章程需要设定取消资格的情况

The model constitution provides the following circumstances in which a person ceases to be a member:
示例章程提供以下被取消成员资格的情况：

•if the person dies
•the person resigns membership
•the person is expelled from the association
•the person fails to pay the annual membership fee within three months after it falls due.
自然人死亡
退出
被组织驱逐
成员超过3个月没有支付会费

Can all members vote at a general meeting?
所有的成员都可以在普通会议投票吗？

The association's constitution will specify members eligibility to vote.
组织章程应指定投票资质

The constitution must make provision for the kinds of resolution that may be voted on by means of a postal ballot.
章程必须指定邮政投票的方案

The model constitution specifies each member is entitled to one vote at a general meeting and all votes must be given personally or by postal ballot but proxy votes are not permitted.
示例章程指定所有成员有权在普通会议上投票，且所有投票需要亲自提交或者通过邮政提交，但是不允许代理投票

Can non-financial members vote at the annual general meeting?
非财务成员可以在年会上投票吗？

The association's constitution will specify if non-financial members can vote at the annual general meeting.
组织章程将会指定非财务成员是否可以在年会上投票

The model constitution specifies a member is not entitled to vote at any general meeting, unless they are financial.
组织章程指定除财务成员不能在年会上投票
Can non-financial members nominate others or stand for election?
非财务成员可以提名或者参选吗？

The association's constitution is required to set out provisions relating to the election or appointment of members of the committee, including provisions relating to the qualifications for and nomination of persons to stand for election to the management committee.
组织章程需要规定委员会的选举和任命，包括个人参选的资质

The model constitution specifies a person ceases to be a member of the association if they fail to pay the annual membership fee within three months after it is due.
示例章程指定成员超过3个月没有支付会费将会被取消成员资格

Any right, privilege or obligation which a member has terminates on the cancellation of membership. This includes nominating others or standing for election to the management committee.
成员被取消资格的同时失去所有对组织的权益，全力以及义务

Can persons under the age of 18 be members and vote?
18岁以下的人可以成为成员且投票吗？

The Associations Incorporation Act 2009 does not prevent persons under the age of 18 (minors) becoming members. Once a person becomes a member, generally, they are entitled to the rights and privileges of membership, including the right to vote.
法人化组织法2009没有阻止18岁以下的人成为成员。一旦成为成员，一般情况他们拥有成员的一切权力，包括投票权

The Act does not permit members of the association who are under the age of 18 years to be members of the committee.
法律不允许18岁以下人员成为委员
The constitution should specify the rights and privileges of minor members.
章程需要规定未成年成员的权利

The model constitution specifies that a member under the age of 18 years is not entitled to vote.
示例章程规定18岁以下成员不能投票

What is the register of members?
什么是成员名册？

The association's constitution is required to make provision for a register of members. This includes the establishment, maintenance, safekeeping and inspection of the register of members.
组织章程要求规定成员名册相关内容。包括如何建立，维护，保管以及检查成员名册

The model constitution specifies the association's public officer must establish and maintain the register of members. The register must be kept at the main premises of the association or at its official address. The register must be available for inspection free of charge by any member at any reasonable hour.
示例章程指定PO必须建立并且维护成员名册。名册必须保存在组织的主要场所或者官方地址处。名册必须在任意合理时间免费供成员查询。

The register should specify the name, postal or residential address of each member and the date on which that person became a member. Information on the register may only be used for limited purposes specified in the model constitution. The model constitution allows a member to request that information (other than the members name) not be available for inspection.
名册需要保存名字，邮政编码或者住址以及入会时间。章程可以规定名册信息只能在特定情况下使用。示例章程要求成员允许除名字以外的信息不被检查

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[ 本帖最后由 mason00 于 11-6-2011 10:50 编辑 ]