Bylaws

Administrator

2022-11-24 10:12 96 0

Korean Society of Manitoba Bylaws

 

Article 1 Name

This organization shall be known as the Korean Society of Manitoba (Korean Society of Manitoba for Fraternity and Culture Inc.).

Article 2 Purpose

1. The Korean community in Manitoba engages in activities that contribute to Canadian society, broaden the capabilities of the Korean community, and promote fellowship among Koreans.
2. It shall cultivate Korean ethnic identity and pride.
3. It shall promote cooperation, integration, and unity with other Korean organizations in Manitoba.

Article 3 Operation

This organization shall operate in accordance with the laws of Manitoba and the federal government's nonprofit organization laws.

Article 4 Bylaws

This organization shall establish bylaws to fulfill the above purposes.

Article 5 Membership

This organization shall consist of the following members:

1. Regular Members: Koreans aged 18 and over who reside or have a base of living in Manitoba, and their immediate family.
2. Associate Members: Non-Korean residents of Manitoba approved by the board of directors.

Article 6 Rights and Obligations of Members

Members of this organization shall have the following rights and obligations:

Rights

1. Members shall have the right to participate in the activities of this organization.
2. Only members who have paid their membership fees shall have the right to speak, vote, run for office, and be elected in general meetings.

Obligations

1. Members must adhere to all regulations related to this organization.

Article 7 Dissolution

In the event of dissolution of this organization, all remaining assets shall be donated to a charitable organization recognized by the Canadian government, and the decision on dissolution shall be made by the board of directors.

Article 8 Office

The office of this organization shall be located in Manitoba. Current address as of 2018: Box 800, 150 River Ave., Winnipeg, MB, Canada R3C 0A9

Article 9 Business

Article 9 Business

The organization shall perform the following activities:

1. 1. Organize events to achieve the objectives outlined in Article 2.
   2. Assist in the cultivation and education of talents contributing to the Canadian community.
   3. Perform fundraising, property management, disbursement of scholarships and subsidies, and other related activities.
   4. Organize, operate, and support cultural and sports organizations for Koreans.

Article 10 Organization

1. The organization shall consist of a board of directors, executive committee, auditors, and general meetings.
2. Special committees such as Forkorama Standing Committee, Korean Housing Corporation, and Cultural Center Committee shall be established, and additional special committees may be formed according to resolutions of the board of directors.

Article 11 Composition and Election of the Board of Directors

1. The board of directors shall consist of 11 directors, comprising 8 directors elected at the general meeting, the incumbent president, incumbent vice president, and immediate past president.
2. Directors shall be elected at the general meeting, prioritizing candidates from those nominated, with a vote taken among the recommended candidates in case of insufficient nominations. The total number of candidates for directors shall be multiplied by two.
3. The term of the chairman of the board of directors shall be two years and shall be elected by a majority vote of the directors present at the first board meeting.
4. In the event of a vacancy on the board of directors, a recommendation shall be received and an election shall be held at the annual general meeting. (Recommendation for the multiplier of the vacancy)

Article 12 Authority of the Board of Directors

1. Acting deliberative body of the general meeting
2. Approval authority for budgets
3. Approval authority for financial statements
4. Approval authority for business plans
5. Approval authority for appointments of Korean Society executives
6. Election management
7. Approval authority for appointments to the Korean Housing Corporation board of directors
8. Authority to appoint external auditors
9. Approval authority for expenditures of $3,000 or more by the executive body (excluding Forkorama)
10. Deliberation and proposal rights for amendments to the articles of incorporation and bylaws
11. Reporting and approval authority for resignation and interim election of the president and dismissal of executives
12. Deliberation and resolution on other important matters deemed necessary for the development of the organization
13. Authority to select scholarship recipients for the Korean Society
14. Approval authority for financial support to various organizations or external institutions (if, over $1,000)
15. Approval authority for appointments to the Cultural Center Committee board of directors

Article 13 Term of Office for Directors

The term of office for directors shall be two years.

Article 14 Disqualifications for Directors

1. In case of bankruptcy within the past five years.
2. No recent criminal acts (excluding traffic violations) or pending cases involving law violations or trials related to the organization within the past five years.
3. In the event of mistrust or dismissal within the past five years, the board of directors may recommend resignation by resolution.
4. Non-resident of Manitoba

Article 15 Board of Directors

1. The board of directors shall hold regular meetings four times a year. (Every year in March, June, September, December)
2. Ad hoc board meetings may be held when deemed necessary by the president or chairman, or upon the request of a majority of directors in attendance.
3. The composition and resolutions of the board of directors shall be determined by a majority vote of the directors in attendance, with the consent of a majority of the directors present. (However, if there are three or more opinions on the same matter, a majority decision shall be made) 
4. Regular board meetings shall be notified seven days in advance, and the interim board meetings may be held at any time.
5. The board of directors may hold joint meetings (executive committee and board of directors) as needed.
6. If a director is absent from meetings without proper reasons four times or more within a year, they shall be deemed to have resigned from their position.

Article 16 Composition of the Executive Committee

Various departments such as President, Vice President, Secretary General, Treasurer, Culture, Sports, Outreach, Volunteer, Youth, Women's Affairs, etc., may be established, and departments may be combined or added or subtracted as necessary.

Article 17 Roles and Duties of Executives

1. The president shall represent the organization, oversee all activities, preside over general meetings, and serve as the publisher of the Korean newsletter.
2. The vice president shall assist the president and act in their absence.
3. The secretary general shall handle internal and external document distribution for the organization, manage all documents excluding financial documents, and maintain minutes of general and board meetings, as well as the membership roster. The secretary general may appoint a secretary when necessary. (If a secretary is appointed, they shall assist in handling office work in cooperation with the secretary general)
4. The treasurer shall manage financial disbursements of the organization, maintain all financial records including accounting books, and prepare financial reports as requested by the board of directors and others.
5. Culture: Manages various cultural events and publications.
6. Youth: Conducts programs for the friendly activities of young members.
7. Sports: Manages various sports events and tournaments.
8. Outreach, Volunteer: Assists members, promotes friendship with various internal and external organizations, improves relations, and exchanges information.
9. Women's Affairs: Operates various seminars and programs for the health and welfare improvement of women.
10. Organizational Structure: The organization may establish and operate various organizations for the cultural, sports, leisure, and hobby activities of members. The organizational structure shall be established through the executive committee of the Korean Society. However, organizations established by resolutions of the general meeting for long-term and sustained purposes cannot be arbitrarily dissolved.

Article 18 Term of Office for President and Executives

The term of office for the president, vice president, and executives shall be two years. (However, they may be re-elected.)

 

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Article 19 President's Authority

1. Presides over general and executive committee meetings.
2. Appoints executives.
3. Calls for executive committee meetings and convenes regular and the initial general meetings.
4. Recommends the majority of directors for the Housing Corporation.
5. Appoints the chairperson of the Folkorama Standing Committee.
6. Recommends the majority of directors for the Cultural Center Committee.

Article 20 Succession and Resignation of President

1. In the event of the president's resignation with less than one year remaining in their term, the vice president automatically assumes the duties for the remaining period. However, if the remaining term of the president is more than one year, the successor shall be elected by the board of directors, and the term shall be the remaining period of the predecessor.
2. If both the president and vice president resign simultaneously and the president's term is more than one year, the board of directors shall convene a special general meeting, conduct a by-election, and the term shall be the remaining period of the predecessor. (If the term is less than one year, the board of directors shall elect the president and vice president.)

Article 21 Dismissal of President and Executives

The president and executives may be dismissed from their positions under the following circumstances:

1. The president may dismiss an executive of the executive committee if reasonable grounds arise, report it to the board of directors, and obtain approval.
2. If the individual is sentenced to imprisonment or receives a final judgment of bankruptcy.
3. When deemed physically or mentally unfit to perform the duties of president by medical diagnosis.
4. In the event of unethical or immoral conduct, or actions damaging the reputation of the Korean Society and failing to maintain dignity.

Article 22 Dismissal Procedure

1. Any member may submit a petition to the board of directors when it is deemed that the president should be dismissed. The petition must include the grounds for dismissal and supporting evidence.
2. Within 15 days of receiving the petition, the chairman shall individually deliberate with the petitioner and the subject of the petition, and then present the dismissal proposal to a joint meeting of the Korean Society Executive Committee and the board of directors for a decision. The decision shall be made by a majority vote of the total attendance and approval of more than two-thirds of the attendees. The dismissal proposal shall then be presented to the initial general meeting for final determination.

Article 23 Special Committees

1. Housing Corporation: A majority of directors appointed by the Korean Society and directors designated under the regulations of the Manitoba Housing Authority shall serve.
2. Folkorama Standing Committee: Establishes a special committee to lead the folk festival and delegates overall responsibilities.
3. Cultural Center Committee: Composed of five to seven directors selected by the board of directors to handle overall tasks related to the establishment of the Korean Cultural Center.

Article 24 Audit

*Composition of the Audit

1. The audit of the Korean Society consists of two internal auditors, and an external auditor may be appointed as needed.
2. Internal auditors are elected at the general meeting and audit property and accounting matters, reporting each organization's subsidy usage details to the general meeting.
3. The external auditor shall be a certified public accountant appointed by the board of directors and shall audit accounting matters.
4. The term of the audit shall be two years.

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Article 25 Meeting and Notice

Meetings must be notified at least two weeks in advance.

Article 26 General Assembly

*The general assembly convenes regular and the initial meetings, convened by the president.

1. Regular general meetings are held in October each year.
2. The initial general meetings are convened when deemed necessary by the president, upon the request of a majority of the board of directors, or upon the request of more than 50 regular members.
3. The general assembly opens with the attendance of more than 50 members.
4. In the absence of a quorum, the general assembly may be convened with the approval of over two-thirds of the attending members, provided that more than three-fifths of the attending members agree.

Article 27 Resolutions

All meeting resolutions are decided by ordinary and special resolutions.

1. Ordinary Resolution: Decided by the affirmative vote of the majority of the attending members.
2. Special Resolution: Vote on motions of no confidence, dissolution, and amendments to the articles of association requires the affirmative vote of two-thirds of the attending members. *However, if there are three or more opinions on the same matter, a majority decision will be made.

Article 28 Functions of the General Assembly

*The functions of the general assembly are as follows:

1. Election of president, vice president, auditor, and directors.
2. Discussion of the previous year's business report and the New Year's business plan.
3. Approval of financial reports.
4. Amendment of the articles of association.
5. Deliberation and resolution on the organization and operation of the Korean Society.
6. The president of the Housing Corporation reports on all aspects of the Housing Corporation's business at the general assembly.
7. Other matters and items listed in the general meeting notice.

Article 29 Elections and Election Procedures

1. The Election Management Committee is overseen by the board of directors, and the chairman of the board of directors serves as the chairman of the Election Management Committee. The chairman of the Election Management Committee announces the candidacy for the president and vice president candidates 45 days before the election date, and candidates must register for candidacy by obtaining recommendations from at least 30 members by 10 days before the election date.
2. If there is a single candidate, they shall be elected with the consent of more than two-thirds of the attendance at the general meeting. (If there are no candidates, the election shall be conducted according to the method determined at the general meeting.)
3. The incumbent president is elected at the regular general meeting.

Article 30 Qualifications for President Candidate Registration

1. Resided in Manitoba for over three years and paid membership fees.
2. Canadian permanent resident or citizen.
3. No bankruptcy within the last five years.
4. No criminal convictions (excluding traffic laws) or ongoing cases involving the Korean Society and judiciary within the last five years.
5. Not subject to distrust or dismissal from the Korean Society within the last five years.
6. Current politicians cannot be executives or candidates of the Korean Society.

Article 31 Candidate Registration Requirements

1. Application for President and Vice President candidacy (Korean Society's prescribed form).
2. Resume.
3. Recommendation letters (from more than 30 members).
4. Copy of Canadian permanent residency or citizenship.
5. Pledge (Korean Society's prescribed form).
6. Those who engage in election fraud cannot be candidates.

Article 32 Election Campaign

Election campaigning is permitted from the date of candidate registration until the day before the vote.

Article 33 Presentation of Opinions

Candidates hold a joint opinion presentation session before the vote at the general meeting.

 

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Article 34 Nullification of Election

1. If evidence of misconduct such as bribery or fraudulent acts in ticketing is secured, the election shall be declared invalid.
2. If the election is declared invalid, a new general assembly shall be convened within 30 days to conduct a re-election.

Article 35 Term of Office of the President

1. The term of office of the president begins on the day following the general assembly and lasts for two years.
2. The term of office for all positions filled by by-elections shall be for the remaining period of the predecessor's term.
3. From the day after the general assembly until the end of December, the outgoing president must cooperate and support the incoming president in all administrative and financial matters.

Article 36 Funds

The finances of the organization shall be provided by membership fees, donations, and other revenues.

Article 37 Membership Fees

Membership fees of the organization shall be determined by the Executive Committee and require approval from the Board of Directors.

Article 38 Finance

1. The management of all finances of the organization shall be overseen by the president and treasurer and must receive approval from the board of directors and the regular general assembly after being audited.
2. The handover of finances shall be completed within two weeks from the day following the general assembly to the incoming president.

Article 39 Asset Management

The management of all assets of the organization shall be under the responsibility of the secretary under the president's supervision.

Article 40 Fiscal Year

The fiscal year of the organization shall run from November 1st to October 31st of the following year.

Article 41 Amendment of Articles

1. Articles 1 through 8 of these bylaws may be amended.
2. Proposals for the amendment of these bylaws shall be made by a majority vote of the board of directors or by the consent of 50 or more members and must be announced to the members one month before the general assembly or the initial general assembly. Amendments to these bylaws shall be resolved by a vote of two-thirds or more of the attending members at the general assembly.

Article 42 Effective Date of Amended Bylaws

The amended bylaws shall take effect from the day following their passage at the general assembly or ad hoc general assembly.

Article 43 Incorporation

The functions of the incorporated organization shall take effect from the date of registration with the provincial or federal government.

Article 44 Dissolution

The dissolution of the organization shall be decided by special resolution at the general assembly, and the handling of assets shall be in accordance with Article 7 of these bylaws.

Article 45 When deemed necessary to carry out the operation and business of the organization, separate regulations in accordance with these bylaws may be established through the deliberation of the board of directors.

Article 46 Matters not specified in these bylaws shall be handled in accordance with the non-profit organization law of the federal government and the provincial government or social customs.

Article 47 Supplementary Provisions

These bylaws shall be effective from December 1968 as determined by the general assembly.

1.        These bylaws were amended on September 30, 1989.

2.        These bylaws were amended on January 10, 1998.

3.        These bylaws were amended at the general assembly on October 31, 2009.

4.        These bylaws were amended at the initial general assembly on August 21, 2014.

5.        These bylaws were amended at the initial general assembly on September 24, 2016.

6.        These bylaws were amended at the initial general assembly on May 5, 2018.

7.      These bylaws were amended at the initial Extraordinary General Meeting on December 30, 2023.
 8. These bylaws were amended at the initial general assembly on November 23, 2024.                                                       Top of Form