The Amutot Law, 5740–1980

 

 

 

ARTICLES of AHAVAS SHALOM BET MEDRASH R.A.

Amutah no. 58-035333-2

 

 

 

Chapter 1: Members

 

 

 

1. (a) Every person over the age of 18 is competent to be a member of the Amutah.

(b) A person who wishes to become a member of the Amutah shall submit to the board an application with the following wording:

“I (name, address and identity number) am applying to become a member of the Amutah (name of the Amutah). The purposes of the Amutah and its Articles are known to me. If I am admitted as a member of the Amutah, I undertake to comply with the provisions of the Articles and the resolutions of the general meeting of the Amutah.”

(c) The board has the power to decide to admit an applicant as a member of the Amutah or not to admit him; if the board refuses to admit the applicant, he may appeal the refusal before the next general meeting.

(d) The board shall notify an applicant within two months of submitting his application of its decision as to his application.

Admission of members

2. The membership of an Amutah is personal, non-transferable and cannot be inherited.

Nature of membership

3. The conditions for becoming a member in the Amutah shall be as follows:

(a) The prospective member pays to the building fund of the Amutah the sum of $1,500, or whatever sum the board of the Amutah shall determine from time to time, with the approval of the general meeting. The aforesaid sum shall be payable on such terms as are acceptable to the board of the Amutah. If a member has not agreed terms with the board for payment to the building fund within two months of joining the Amuta, or — with regard to any person who is a member of the Amuta on 5 July, 2003 — by 5 September, 2003, that person shall cease to be a member of the Amuta, and shall not be liable to make any payment to the building fund.

(b) The member shall pay his annual dues and Yomim Noraim dues in the amounts determined from time to time by the board, with the approval of the general meeting, and on terms acceptable to the board. Annual dues and Yomim Noraim dues shall be payable by First Selichot Night (inclusive).

Conditions for membership

(c) The board may, at its discretion, exempt the wife or one child of a deceased member from payment to the building fund under sub-article (a) above, in whole or in part, up to the proportional amount of the payment paid by the deceased member.

 

4. (a) A member of the Amutah is entitled to participate and vote at every general meeting and he shall have one vote on each resolution; he is entitled to vote in elections for the board, the audit committee or the Rav. A member of six months’ standing shall be entitled to be appointed to the board or the audit committee.

(b) A member of the Amutah is entitled to participate in the activities of the Amutah and to benefit from its services. Without derogating from the generality of the aforesaid —

(1) A member shall be entitled to three seats in the Bet Medrash (either two seats in the men’s section and one seat in the women’s section, or vice versa), subject to the payment of annual dues and Yomim Noraim dues;

(2) A member may purchase entitlement to additional seats, by making a payment of $300 to the building fund for each additional seat, and by paying additional annual dues and Yomim Noraim dues as shall be determined from time to time by the board, with the approval of the general meeting.

(3) Use of a member’s seats may only be made on a permanent basis by the member, his spouse, and children who are dependent upon him.

(c) A member shall have the right to be sheliach tzibbur and to be called to the Torah on such occasions as Yahrzeit, and on special family occasions such as a Barmitzvah etc., all of which in accordance with the Halachah as determined by the Rav.

(d) When the Amutah has a function hall, a member shall have the right to use the function hall at cost price, unless the hall is leased to an external caterer who will manage the hall.

(e) A member shall have the right to purchase additional seats temporarily for the Yomim Noraim in precedence to someone who is not a member.

(f) Every member of the Amutah is entitled, at reasonable times, to inspect the register of members and the register of members of the board, the minutes of the general meetings, the financial statements that were brought before the general meeting and any documents submitted to the Registrar.

Rights and duties of member

5. (a) Membership in the Amutah terminates —

(1) Upon the death of the member;

(2) Upon resigning from the Amutah;

(3) Upon expulsion from the Amutah.

Termination of membership

 

(b) Termination of membership in the Amutah, for any reason, does not exempt the member from the payment of amounts that he owed the Amutah before the termination of his membership for the period prior to the termination of his membership.

(c) Upon termination of membership, for any reason, a member shall not be entitled to repayment from the Amutah of any amount that he has paid to the Amutah.

 

6. A member of the Amutah may resign at any time, by giving at least 30 days notice.

Resignation

7. (a) A member shall only be expelled for the reasons stated in the Articles.

(b) The general meeting may, upon the recommendation of the board, resolve to expel a member from the Amutah, after he has been given a proper opportunity to present his case, for one of the following reasons:

(1) The member has not paid the Amutah what he owes it and has not come to any arrangement with the board;

(2) The member has not complied with the provisions of the Articles or a resolution of the general meeting;

(3) The member is acting contrary to the purposes of the Amutah;

(4) The member has been convicted of a crime involving moral turpitude.

(c) The board shall not recommend that the general meeting expel a member from the Amutah until it has given him a proper opportunity to present his case before it, and it shall not make a recommendation for the reasons stated in paragraphs (b)(1), (2) or (3) until it has warned the member and given him a reasonable time to correct what is wrong.

Expulsion

8. If a member is more than three months in arrears with regard to payment of annual dues, but has not been expelled from the Amutah, the board may decide, after giving the member a proper opportunity to present his case, that he shall not be entitled to vote at general meetings of the Amutah nor to benefit from any of the services of the Amutah that are provided to members free or at low rates until he has settled the arrears of dues payable.

Suspension of rights

9. The Amutah shall maintain a register of members and register therein every member, his address, his identity number, the date on which his membership began and the date on which it terminated.

Register of members

10. (a) Invitations, demands, warnings and other notices of the Amutah addressed to all the members of the Amutah shall be given by affixing the invitation, demand, warning or notice to the notice-board on the premises of the Amutah, or, if the board thinks fit, they may be given, instead or additionally, in one or more of the ways prescribed in sub-article (b) below.

(b) Demands, warnings and other notices of the Amutah addressed to an individual member or several members shall be given in writing and delivered by hand or sent by ordinary mail to the address of that member or those members, as applicable, recorded in the Register of Members, or sent to the e-mail address of the member recorded in the Register of Members; upon the written request of the member, the Amutah shall change his address which is recorded in the Register of Members.

Giving notices to members

 

 

Chapter 2: Change of Articles, Name or Purposes

 

 

 

11. An Amutah may change its articles, its name and its purposes by a resolution of the general meeting which is adopted by a majority of those entitled to vote at the meeting; the resolution shall come into effect from the date of its registration by the Registrar.

Changing the articles, name and purposes

12. The name of the Amutah shall be stated on every document, sign or publication issued on its behalf, in its full for