Minutes of the Annual General Meeting of the South African Go Association – 2004
Venue: Westdene Recreation Centre
Date: 27 June 2004
Present: Andy Mantzios (chairman), Sakkie Buys, Leander Gaum, Paul Edwards, Tristen Taylor, Kagiso Mampe and various SAGA members.
1. An opening speech was given by the president.
2. The financial report was given by Sakkie Buys
3. A call was made for nominees for the SAGA council.
4. Tristen Taylor resigned from the council but was available for re-election.
5. Julius Paulu and Tristen Taylor and Paul Edwards were elected as new members of the SAGA council.
6. Two changes to the constitution were proposed and unanimously accepted. These changes are:
That the constitution of the South African Go Association be amended as follows:
a)By adding as clause 11.2:
“On dissolution the assets of the SAGA will be transferred to an association with similar objectives to those of the SAGA.”
b)By adding as clause 9.6:
“The SAGA will not carry on a trade unless:
a)it is integral and directly related to the SAGA’s objectives;
b)if not integral and directly related to the SAGA’s objectives, is of an occasional nature and undertaken substantially with assistance on a voluntary basis without compensation;
c)it is carried out or conducted on a basis substantially directed towards the recovery of cost and which would not result in unfair competition in relation to taxable entities; and
d)its gross income does not exceed the greater of 15% of SAGA’s gross receipts or R25 000.”
c)By adding as clause 9.7:
“The SAGA will not accept donations that are revocable and conditional at the donor’s instance, except if the donor specifies usage thereof for the objectives of the SAGA.”
d)By adding as clause 10.3:
“Any amendment to this constitution must be submitted to the Commissioner of the South African Revenue Services.”
e)By changing the heading of clause 1 to “Nature and name”, changing the existing clause 1 to clause 1.1 and adding as clause 1.2:
“The SAGA will have a corporate identity and existence separate from its members and office bearers and will continue to exist notwithstanding changes in the composition of its membership or office bearers. Members or office bearers will have no rights in the property or other assets of the SAGA solely by virtue of their being members or office bearers.”
f)By adding as clause 9.8:
“The SAGA’s income and property are not distributable to its members or office bearers, except as reasonable compensation for services rendered.”
g)By adding as clause 9.9:
“The SAGA will have the ability to conduct its financial transactions by means of a bank account.”
The South African Revenue Service (“SARS”) has passed changes to tax legislation regulating the taxation of non-profit organisations in 2000. In terms of the amendments all entities that claim to be non-profit organisations must apply, or re-apply if applicable, for tax exemption before 31 December 2003. Should this exemption not be obtained, the entity concerned will be liable for the payment of income tax with retrospective effect as from 15 July 2001.
SAGA’s application for tax exemption was submitted within the prescribed dead-line, and receipt of the application has been formally acknowledged by SARS. In order for SARS to favourably consider SAGA’s application, it is also required that SAGA should be registered as a Public Benefit Organisation with the Directorate for Nonprofit Organisations by submitting the SAGA Constitution. Legal advice obtained highlighted certain amendments to the SAGA Constitution that should be effected before the Directorate for Nonprofit Organisations will accept SAGA’s registration as a Public Benefit Organisation. The proposed changes listed below are meant to action the legal advice obtained.
6.2 Secondly: –
By changing clause 5.3 to :
The Officers of SAGA shall be, in order of seniority: the President, the Secretary, the Treasurer and the Membership secretary. No person shall hold more than one office at any one time.
It has become necessary to create a new role for one of the council members to administrate the membership of SAGA.
7. The issue of transparency was brought up by John Leurner, suggested minutes and financial statements be available on the net.
8. The meeting was brought to an end .
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