Constitution and By-Laws

Adoption of Constitution and By-Laws

Resolution of Charter




CLAN BUCHAN ASSOCIATION CONSTITUTION AND BY-LAWS


ARTICLE I


The name of this Clan Association shall be: CLAN BUCHAN ASSOCIATION

ARTICLE II


The objectives and purposes of this association shall be:

A. To educate, acquaint and disseminate information and Clan Data, by all possible means, to encourage and maintain interest in the history and traditions of the Clan and its contributions to the Scottish Heritage, to extend knowledge of the Clan and Scotland wherever and whenever possible and to support other Clan and/or Society movements which have as their objectives the perpetuation of Scottish Heritage and Traditions.

ARTICLE III


MEMBERSHIP


Membership is open to:

A. All persons bearing the name of and/or being descended from any of the Clans or Septs of the Clan Buchan.

B. Persons married to any of those in Paragraphs A. and C., above and below.
C. Persons having traceable historical connections with the Clan Buchan Association, and/or its past and/or present Septs.

D. Persons having a high interest in Clan Buchan history, genealogy, traditions and heritage. Each person having been accepted into membership and upon payment of annual dues thereafter shall be considered a member in good standing. Members in good standing may attend any meeting of the Clan and have one vote on any matter raised there at, and is entitled to hold office.

ARTICLE IV


This Clan Association shall have perpetual existence.

ARTICLE V


A. The annual meeting shall be held at a place and time to be announced to all members and interested persons, thirty (30) days in advance.

B. Business meetings necessary for the conduct of Clan business shall be called by the current Representative, and such meetings to be held in a manner best suited to them and the situation, i.e. the business agenda might be sent to each member of the Clan, by mail in lieu of an on-site type meeting. The Clan members would take the appropriate action on the agenda and return the same by mail. A majority vote obtained thus would be construed as having been the vote of an on-site meeting.

C. Quarterly newsletters will be sent out by the Representative, relaying to all members, financial standing of the Clan, current total membership of the Clan, and any newsworthy events, relating to either the Clan or its members.

D. A quorum of Clan Buchan Association shall be the current Representatives and a simple majority of

(1) the persons present at an on-site meeting.
(2) the total members when meetings are held by mail or other
remote means.

ARTICLE VI


MANAGEMENT


A. Routine affairs of the Clan shall be managed by the Representative, subject to the advice and Consent of the past Clan Representative and a Council of three (3) current members of good standing.

B. Affairs related to Policy, large Fiscal expenditures or any Controversial subject will be handled as in A. above, except that such decisions will be subject to ratification by the membership.

ARTICLE VII


OFFICERS OF THE CLAN


Clan Officers will consist of a current representative and the last past representative, and a Council composed of three (3) members of good standing. Members of the Council shall be area representatives/coveners, and the others elected. All officers and Council members to serve for a period of one year or until their successors are duly elected. Only members in good standing will be eligible to hold office.

Current Representative: This Representative shall be the Chief Officer of the Clan and shall be responsible for the conduct of all Clan business. This person is authorized to establish special committees and appoint members thereto as he may deem necessary to support business operations or Clan objectives and commitments. The Representative shall be empowered to appoint interim officers, members of the Council or Standing Committees as the need may arise, with permanent appointment being subject to confirmation by the Council and the membership. He shall be a non-voting member of the Council, with voting powers in the event of a tied vote in committee. The Representative shall preside at all Clan Gatherings, and/or Meetings. The Representative shall maintain a depository of the Clan Funds in an accredited banking institution, having his or her own name as well as another on the deposit book. This is to be done I the vent of sudden death, so that removal of the Funds can be more readily achieved, and Funds transferred to the new Representative. The current Representative will receive and record all monies, maintain current financial records, make disbursements of Clan Funds in accordance with the bylaws and administrative procedures, and as otherwise authorized or directed by the past Representative and the Council. The Representative will include quarterly financial reports in his quarterly newsletters. The Representative shall be responsible for the preparation of all correspondence, from the USA and Scotland. He will be in contact with the Scottish Chief of Clan Buchan and see to the distribution of any of the Chief's correspondence of the USA Clan Members. The Representative shall be responsible for the maintenance of a central filing system and records, for making such reports as required and for initiating the proper actions in support of all operational/administrative requirements.

Last-Past Representatives: This Representative shall be the predecessor of the current Representative. He shall forward all Clan Records, and Materials to the Current Representative in a timely and orderly fashion. He shall be the Covener of the Council and have voting powers in the event of a tie. This Representative shall aid the current Representative in all of the duties outlined above and will assume these duties in the case of a current Representative who for some extreme reason is not able to finish his or her term, until a new Representative can be either appointed and duly elected, or simply elected by the Clan Membership.

Council: Members of the Council are charged with the responsibility of analyzing and evaluating all proposed Clan Project, business and the operations and for the approval/disapproval thereof in accordance with ARTICLE VI. They will serve as area Representatives, gathering newsworthy material from their area, as it pertains to the Clan and its members, this material to be forwarded to the Current Representative. These members are also charged with the responsibility of furthering local knowledge of the Clan, to seek out new members and to aid the current Representative in contacting persons of their local who have an interest in the Clan, its history, traditions etc.

EXEMPTION OF LIABILITY


The private property, properties, assets, funds of any kinds and nature now held, owned, controlled and same as may be acquired in the future of and by individual, officers, members, employees, and agents of this Clan Association shall be forever exempt and untouchable by and from any liability of whatever nature, that may arise from the activities of this Clan in pursuit of its stated and authorized purposes and objectives. It is hereby specified and provided that each officer, member and agent shall be indemnified by the Clan against expenses actually and necessarily incurred by him in connection with the defense of any action, suit or proceeding in which he may be a party by reason of his being of having been an officer or member of this Clan, except in relation to matters as to which shall be adjudged in such action, suit, or proceeding to be liable by reason of negligence or misconduct in the performance of his duties.

ARTICLE IX


TAX STATUS


Clan Buchan is organized exclusively for educational, and charitable purposes, including, for such purposes, the making of distributions to organizations that qualify as exempt organizations under section 501 (c) (3) of the Internal Revenue Code of 1954, (or the corresponding provision of any future United States Internal Revenue Law).

No part of the net earnings of Clan Buchan shall inure to the benefit of any private individual and no substantial part of the activity of Clan Buchan Association shall be the carrying on of propaganda or otherwise attempting to influence legislation. Clan Buchan Association shall not participate in or intervene in any political campaign on the behalf of any candidate for public office, including the publishing or distribution of statements.

This Clan may be dissolved by a vote of two-thirds of the members present or voting by mail, such vote to be cast by a special meeting called for this specific purpose, with provisions for duly authorized written ballots representing members not present at the meeting for dissolution. Upon dissolution of the association, the Directors shall, after the paying or making provisions for the payment of all of the liabilities of the association, dispose of all of the assets of the organization, exclusively for the purposes of the organization in such manner, or to such organization or organizations organized and operated exclusively for charitable, educational, religious, or scientific purposes as shall tat the time qualify as an exempt organization or organizations under section 501 (c) (3) of the Internal Revenue Code of 1954, (or any corresponding provision of any future United States Internal Revenue Law), as the Directors shall determine. Any such assets not so disposed of shall be disposed of by the Court of Common Pleas of the county in which the principal office of the organization is then located, exclusively for such purposes or to such organizations or organization, as said Court shall determine, which are organized and operated exclusively for such purposes.

A dissolution of Clan Buchan Association must be approved by a majority of at least ninety per-cent of membership then registered.

ARTICLE X


These bylaws may be amended by two-thirds vote of the membership provided that the required notice has been given.

ARTICLE XI


Roberts Rules of Order shall be used as a guideline for Clan Buchan Association.



ADOPTION OF THE CLAN BUCHAN ASSOCIATION CONSTITUTION AND BY-LAWS


WHEREAS, Clan Buchan Association has become resolved of any direct affiliation with Clan Buchan located in Auchmacoy House, Ellon, Aberdeenshire, Scotland;

and


WHEREAS, Clan Buchan Association has been recognized henceforth as one central organization in the United States of America;

and


WHEREAS, Clan Buchan Association has elected its officers, U.S.A. Clan Buchan Representative, R. Keith Buchan residing in Portland, Oregon, U.S.A. to be aided by three members in good standing, who will represent geographic areas throughout the U.S.A., Dr. R.F. Buchan of Damariscotta, Maine, USA Jack F. Buchan Sr. of Independence, Missouri, U.S.A. Thomas Buchan of Sun Valley, California, U.S.A. and Nancy L. Buchan of East Troy, Wisconsin, U.S.A.

and


WHEREAS, Clan Buchan Association has outlined and printed a complete Constitution and By-Laws, by which the Association will be governed, guided and maintained;

WE, BEING ELECTED OFFICERS of the U.S.A. Clan Buchan Association members in good standing, familiar with both Constitution and By-Laws, hereby accept and adopt the Constitution and By_laws of Clan Buchan Association, as they are written here, as of this date;

Duly digned by we the officers on the FIRST day of JANUARY, in the year of our Lord, One Thousand Nine Hundred Seventy-One.

(Signatures below on original document)

R. Keith Buchan USA CLAN REP.
Jack F. Buchan, Council
Nancy L. Buchan, Council
Dr. R.F. Buchan, Council
Thomas Buchan, Council



RESOLUTION OF CHARTER


WHEREAS, International Clan Societies promote the well-being and provide assistance to their members;

and


WHEREAS, a number of the members of Clan Buchan Association reside in the United States of America, and wishing then to promote the interests of the Clan Buchan throughout the USA;

and


WHEREAS, the best interests of Clan Buchan are promoted by a single central organization, forming geographical divisions thereof, for this purpose to be called Clan Buchan Association;

and


WHEREAS, at various games and events in the United States in recent years members of Clan Buchan have convened as representatives of the Clan and have organized for that purpose;

and


WHEREAS, those members have written their own Constitution and By-Laws, and have accepted and adopted the same;

and


WHEREAS, those members have elected as USA Clan Buchan Representative, R. Keith Buchan of Portland, Oregon, USA, and as Council four members in good standing, Dr. R.F. Buchan residing in Damariscotta, Maine, USA; Jack F. Buchan Sr. Independence, Missouri, USA; Thomas Buchan of Sun Valley, California, USA; and Nancy L. Buchan of East Troy, Wisconsin, USA; representing geographic areas;

and


WHEREAS, these persons have pledged their efforts in the USA to benefit all purposes of Clan Buchan Association, to follow and abide by their own Constitution and By-Laws;

THEREFORE, be it resolved that I, Chief Capt. David W.S. Buchan J.P. of the Clan Buchan, Auchmacoy House, Ellon, Aberdeenshire Scotland, Chief of Clan Buchan, do decree and establish that hence forth one central organization in the U.S.A. representing this Clan and it shall be named Clan Buchan Association; and I charge R. Keith Buchan, as the USA Clan Representative and all other duly elected officers, members and their successors with the responsibility of promoting the Clan and its purposes in the U.S.A. and reporting their progress to me.

Duly signed at Auchmacoy House, Ellon, Aberdeenshire, Scotland, this FIRST day of JANUARY, the year of our Lord, One Thousand Nine Hundred Seventy-One.

(Chiefs Signature on Original Document)