Addendum of CMCC

HomeAddendum of CMCC
Close

ADDENDUM TO THE FOUNDING MEMORANDUM OF ASSOCIATION OF CANTERBURY MUSLIM CULTURE CENTRE DATED 6 APRIL 1997 

THIS ADDENDUM (the ‘Addendum’) is made and entered into 27 April 2024

In this Addendum the Canterbury Muslim Cultural Centre shall be referred to as ‘CMCC’

Original numbering is maintained throughout this Addendum for clarity and words or sentences are underlined and in italics where they differ from the Founding Constitution.

 RECITALS
  1. WHEREAS CMCC entered documentations for a registered Charity on 6 April The documentation included the Founding Memorandum of Association (‘Founding Constitution’);
  2. WHEREAS it is acknowledged CMCC has grown significantly over the past 40 years and the Founding Constitution requires certain provisions to be included to allow the organisation to operate with efficiency and purpose for the growing Muslim Community of Canterbury

IT IS HEREBY AGREED to amend the Founding Constitution as follows:

DEFINITIONS

Associate Committee Member means a non-elected Committee Member (e.g. Islamic Student Society of University of Kent at Canterbury (ISOC), Imam of CMCC . The Associate Members shall have no voting rights on matters relating to Committee Meetings, The Associate Member shall only be eligible to vote as a Council Memberwhen it is required to do so.

Associate Member means a person from outside the catchment area, who has completed CMCC’s annual membership forms with their details. Associate Members have no voting rights and cannot join the Council.

Business is referred to any activity that raises revenues, profits or income.

Catchment Area is Canterbury and the surrounding areas covering a radius of thirteen (13) miles from CMCC (including Herne Bay, Faversham Whitstable and surrounding areas)

CMCC Official Channels consists of the CMCC website1 and all associated social media such as Facebook, WhatsApp, Twitter, Instagram, etc.

Committee Member means an elected Committee Member with full rights to vote.

Community means anyone of all faiths who visits CMCC.

Council is automatically formed from the Members in accordance with the Constitution and the right to vote for Committee Members and Trustees.

Member is a resident from within the Catchment Area who is registered and completed CMCC’s annualmembership forms with the required details. All Members shall automatically be part of and form the Council.

Trustee means an elected member of the Trustees in accordance with the Constitution.

SECTION A: ARTICLE 3: OBJECTIVES – ORIGINAL TERMS
  1. To advance the Islamic religion in accordance with the Quran and Sunnah of the Prophet Mohamad swa.
  2. To advance the education of Muslim children in accordance with the tenets and teaching of Islam. 
  3. To cultivate and promote understanding between the Centre and the Community of Canterbury.

In furtherance of the above objectives but not further or otherwise the Centre may exercise the following powers:

  1. to raise funds and to invite and receive contributions: provided that in raising funds the Centre shall not undertake any substantial permanent trading activities and shall conform to any relevant statutory regulations;
  2. to acquire, alter, improve and (subject to such consent as may be required by law) to charge or otherwise dispose of property;
  3. to encourage and establish regular congregational prayers at a regular time;
  4. to maintain a library of Islamic literature for the benefit of the Centre and the community of Canterbury;
  5. to facilitate and prepare suitable lectures, gatherings, conferences and other ways of presenting the Islamic faith;
  6. to co-operate with other charitable organisations having similar objects and to exchange information and advice with them;
  7. to pay out of the funds of the Centre the costs, charges and expenses of and incidental to the formation and registration of the Centre as a Charity;
  8.  to do all such other lawful things as shall further the above objects.

1 https://canterburymosque.co.uk/

SECTION A: ARTICLE 3: OBJECTIVES – AMENDMENT
  1. Serve the religious needs of Muslims in Canterbury and within the Catchment Area in accordance with the Quran and the Sunnah of the Prophet Mohammad (peace be upon him).
  2. Provide and advance the education of Muslims and local communities in accordance with the tenets and teachings of Islam according to the Quran and authentic Hadith.
  3. To cultivate and promote understanding between the Muslims and the Community of Canterbury. 

In furtherance of the aforementioned objectives, CMCC may do the following :

    1. Raise funds and donations, provided that it shall conform to all relevant statutory regulations and Islamic Fiqh.
    2. Acquire, alter, improve and (subject to a consent required by law) to charge or otherwise dispose of the property.
    3. Encourage and establish regular congregational prayers.
    4. Maintain a library of Islamic literature for the benefit of CMCC and the local communities of Canterbury. 
    5. Facilitate and prepare suitable lectures, gatherings, guest speakers, conferences and other ways of presenting the Islamic faith.
    6. Cooperate with other charitable organisations having similar objectives and to exchange information and advice.
    7. Provide mainstream educational support / tuition to both adults and children of all faiths.
    8. CMCC condemns all forms of extremism and terrorism and all manner of hate crimes and hateful speech. 
    9. CMCC will endeavour to support Muslim immigrants to integrate into the Catchment Area and ensure they find the Mosque a welcoming place to worship.
    10. CMCC will work cooperatively with local authorities (Police, Fire Services, Elected City and County officials) and any legal authorities to maintain the peace and safety of the Community and CMCC property.
    11. Do all such things to promote the Objectives of Article 3 within the Charity Commissions Guidelines and the CMCC Constitution.
SECTION B: ARTICLE 4: MEMBERSHIP – ORIGINAL TERMS
  1. Membership will be open to all Muslims, who will become a member of the Council of the Centre.
  2. A Muslim shall register as a member by paying the appropriate fee as defined by the Executive Committee from time to time. No member shall be entitled to vote at any general meeting unless all moneys then payable by him to the Centre have been paid.
  3. The Member shall adopt the Centre’s aims and participate in its activities as far as possible. 
  4. The Executive Committee shall have the right for good and sufficient reason to refuse membership.
SECTION B: ARTICLE 4: MEMBERSHIP – AMENDMENT
  1. Membership of CMCC will be open to all Muslims aged 16 years and over who reside within the Catchment Area.
  2. A Muslim aged 16 years and over can register as a member providing his/her address/contact details areannually provided to No Member shall be entitled to vote at any meeting unless he/she has been a Member for a minimum of one (1) month prior to the notice of the AGM being sent out by the Committee / Trustees.
  3. All Members shall abide by CMCC Objectives and are encouraged to participate in its activities as much as possible.
  4. Any Member found to oppose CMCC Objectives or bring CMCC into disrepute their membership shall be automatically withdrawn.
SECTION B: ARTICLE 5: DUTIES OF THE COUNCIL – ORIGINAL TERMS
  1. Formulation and amendment or acceptance of amendments of the constitution.
  2. Election of the Executive Committee annually by way of secret ballot.
  3. Review the activities of the Executive Committee through its annual reports to the Council meeting and offer advice and recommendations to the Executive Committee.
SECTION B: ARTICLE 5 : DUTIES OF THE COUNCIL – AMENDMENT
  1. Council Members shall be invited to attend an Annual General Meeting (AGM) to review and vote on certain constitutional matters which may include passing resolutions or motions put forward by the Committee and Trustees in accordance with the Constitution and within the Policy and Procedures of CMCC.
  2. The Council Members shall be invited to attend the AGM and when required through a motion and or resolution to elect Committee Members and Trustees’ positions via a ballot. 
  3. The opinions of the Council will be taken into consideration in accordance with the constitution, Policies and Procedures of CMCC.
SECTION B: ARTICLE 6: COUNCIL MEETING – ORIGINAL TERMS
  1. The Council shall hold an Annual General Meeting towards the end or beginning of each year; the year to start from the first day of the month following the registration of the Centre as a Charity and not more than fifteen months shall elapse between the date of one annual general meeting of the Centre and that of the next. The annual general meeting shall be held as such times and places as the Executive Committee shall appoint.
  2. All general meeting other than the annual general meeting shall be called extraordinary general meeting. All extraordinary general meetings shall be called, by giving at least fourteen days’ notice in writing but an extraordinary general meeting maybe called by shorter notice if it is so agreed.
  3. The quorum shall be 15 members entitled to vote or one tenth of the membership whichever is the greater.
  4. Motions to be passed by simple majority, except motions concerning changes in the constitution of the Centre or confirmation or otherwise of disqualification of members which shall require a two-thirds majority of Council members present at the meeting. 
  5. A meeting of the Council can be called as an emergency meeting at any time throughout the year by the Executive Committee, or three Council members with the approval of the Executive Committee, or one third of the Council members.
  6. Notice of a meeting shall be given at least two weeks before the proposed meeting and announcement made immediately after the Friday prayer except in the case of an emergency, at least five days shall be given.
  7. Council meeting are not open to non-members, unless invited by the Executive Committee to attend and such non-members shall not be entitled to vote.
SECTION B: ARTICLE 6: COUNCIL MEETING – AMENDMENT
  1. An Annual General Meeting (AGM) of CMCC, shall be held within three (3) months of CMCC’s filing of annual financial statements to the Charity Commission.
  2. The Committee shall arrange the venue, date and times for the AGM meetings and shall give Two (2) months’ notice by announcement at the Jummah prayer and across the CMCC Official Channels.
  3. The Quorum at any AGM shall be twenty per cent (20% ) of the Membership or thirty (30) Council Members (whichever is greatest) attendance in person. If in-person attendance cannot be held due to natural disasters or pandemics, then the AGM shall be held via teleconference. Best efforts shall be made for appropriate representation of the multi-ethnic diversity of CMCC shall be encouraged. In the event insufficient Council members attend, a second meeting shall be called within thirty (30) days, and the matter shall be concluded regardless of attendance numbers.
  4. Any general meeting other than the AGM shall be referred to an Extraordinary General Meeting (EGM).
  5. An EGM may be called by giving at least fourteen (14) calendar days’ notice in writing to the General Secretary and to the Board of A shorter notice may be considered if the matter is urgent, and the Committee agrees, and the matter has been notified to the Trustees.
  6. The Quorum for calling an EGM shall be twenty per cent (20%) of the membership or thirty (30) Council Members entitled to vote whichever is the greater.
  7. Motions are to be passed by simple majority, except motions concerning changes to the Objectives of the Constitution (Article 3) or confirmation or otherwise of the disqualification of Committee Members which shall require a two-thirds majority of the
  8. In the absence of a Quorum at any AGM, the Committee shall call for another meeting (AGM or EGM as the case may be) within thirty (30) days by given fourteen (14)) working days’ notice. All announcements for the AGM or EGM shall be made at the Jummah prayer and across its CMCC Official Channels.
SECTION C: ARTICLE 7: COUNCIL EXECUTIVE COMMITTEE – ORIGINAL TERMS
  1. The Executive Committee shall be elected from amongst the Council members and shall have special powers to administer the Centre from one Council A. G. M. to the next Council G.M.
  2. The Executive Committee shall be elected at the Council G.M. and shall be by secret ballot and simple majority.
  3. The Executive Committee members shall be active and prepared to and capable of serving the aims of the Society.
  4. The Members of the Executive Committee shall be :
    • President
    • Vice-President
    • General Secretary
    • Assistant General Secretary
    • Treasurer
    • Assistant Treasurer
  5. The President, General Secretary, the Treasurer and the Assistant Treasurer shall be elected from the residents of Canterbury and surrounding The Islamic Society of the University of Kent at Canterbury shall have one representative on the Executive Committee.
  6. The Executive Committee shall have the right to co-opt three members on to the Executive Committee.
  7. All the Executive Committee members are eligible for re-election.
SECTION C: ARTICLE 7: COUNCIL EXECUTIVE COMMITTEE – AMENDMENT
  1. The Committee Members shall be elected by the Council during an AGM by a ballot.
  2. All Committee Members shall be Muslims and aged at least 18 years old at the time of being elected.
  3. All Committee Members shall have clean criminal Some roles may require a DBS check.
  4. The Committee Members consist of the following posts/ roles:
    • Chairperson
    • Deputy Chairperson
    • General Secretary
    • Treasurer
    • Marketing, PR and Media Communication Liaison
    • Women Liaison
    • Property, Letting & Infrastructure
    • Events and Fundraising Officer
    • Youth Liaison Officer

The Committee may invite Associate Committee Members when matters on agenda require input from the:

    • Imam
    • Head of Islamic Tuition School
    • ISOC President: President of the Islamic Society of Canterbury (University of Kent).
    • And any other individual deemed to have the necessary specialist skill sets to make a contribution to CMCC may be invited as an Associate Committee Member, as agreed by a simple majority of the Committee. For the avoidance of doubt Associate Committee Members are not eligible to vote at a Committee Meetings.

5. To qualify for the posts listed in Article 7, the nominee must be a Member of the Council for at least twelve (12) months before being eligible to be elected for these positions.

6. Council Members with less than twelve (12) months membership shall be assessed based on merit and approved by the existing Committee and Trustees with a two-thirds majority.

7. A Committee Member shall serve no more than two (2) consecutive terms. Each term being of three (3) years.

8. CMCC is a diverse community of Muslims and shall endeavour to have a wider representation of diversity and equality on to the Committee.

9. The Islamic Society of Canterbury at the University of Kent (ISOC) shall be represented by its current ISOC president as an (unelected) Associate Committee Member, or a suitable representative approved by ISOC president.

10. The Committee may appoint Members as volunteers for certain tasks/duties. All, volunteers shall be appointed in accordance with the Policies and Procedures of CMCC. The volunteers will be treated as Associate Members.

SECTION C: ARTICLE 8-: DUTIES OF THE EXECUTIVE COMMITTEE – ORIGINAL TERMS
  1. To be responsible for carrying out the decisions, resolutions and recommendations of the Council
  2. To be responsible for the general policy of the Centre and provide for the administration, management and control of the affairs and property of the Centre.
  3. To have the power to appoint a member to fill any casual or permanent vacancy in the Committee until the next G.M.; other than the position of the President.
  4. To prepare accounts in accordance with the provisions of Part VII of the Charities Act 1992.
  5. To comply with their obligations under the Charities Act 1992 (or any statutory-enactment of modification of that Act) with regard to the preparation of an annual report and its transmission to the Commissioner.
SECTION C: ARTICLE 8-: DUTIES OF THE EXECUTIVE COMMITTEE – AMENDMENT
  1. Responsible for carrying out the decisions, resolutions and recommendations of the Council meetings. 
  2. Committee Members are responsible to appoint suitably qualified staff members including the Imam and replace an Imam or any staff member after a dismissal or resignation when tendered. The Imam appointment is a paid role. Remuneration and employment contracts for all staff are subject to the Committee’s and Trustees approval and with accidence to CMCC Policy and Procedures..
  3. To be responsible for the general policy of CMCC and administer, manage and control the affairs and property/assets of CMCC.
  4. To prepare accounts in accordance with the guidelines of the Charities Act 2011 and its subsequent legislation. 
  5. To comply with their obligations under the Charities Act 2011 (or any statutory re-enactment or modification of the Act) regarding the preparation of the annual report and other things that are required under the Act and its transmission to the Charity Commission or by any other governmental agency as applicable by law.
SECTION C: ARTICLE 9: EXECUTIVE COMMITTEE POWERS – ORIGINAL TERMS
  1. The Executive Committee shall have the right to refuse application for membership of the Centre for good and sufficient reason.
  2. The Executive Committee shall have the right to disqualify any member, if, in their opinion, such members behaviour is likely to jeopardise the aims and objectives of the Such a decision shall only be carried outby two-thirds majority and shall be subjected to the person having the right to attend and be heard by the Executive Committee before the decision is made.
SECTION C: ARTICLE 9: COMMITTEE RIGHTS & DUTIES – AMENDMENT
  1. Elected Committee Members shall refrain from any financial benefit from In the event there is a conflict of interest, the Elected Committee member shall declare their interest in accordance with the Policy and Procedures of CMCC and may be asked to resign from their post before accepting any paid work.
  2. The Committee shall have the right to call an EGM, after consultation with the board of Trustees and in accordance with the CMCC Policy and Procedures, to disqualify any Council Membership where the Member’s behaviour is detrimental to the aims and Objectives of This decision can only be carried out by a two-thirds majority of the EGM and the Council Member retains the right to attend a hearing where the matter will be discussed by the Committee and Trustees before any final decision is made.
  3. In the event of a resignation of an elected Committee Member, the Committee shall have the right to call an EGM within fourteen (14) days to elect a new Committee Member in accordance with the Constitution.
  4. The Committee has the right to fill any casual or permanent vacancies at the CMCC in accordance with the Policy and Procedures of CMCC.
  5. In the event where there is a deadlock, or a vote is irresolute then the Chairman has the casting vote in accordance with the CMCC Policy and Procedures.
SECTION C: ARTICLE 10: THE EXECUTIVE COMMITTEE MEETINGS – ORIGINAL TERMS
  1. The Executive Committee shall meet at least once every month and not more than six weeks must elapse between one meeting fand another.
  2. The meeting shall be called by the General Secretary or two members of the Committee.
  3. At least two weeks’ notice for such a meeting shall be given.
  4. The quorum of the Committee shall be three-fifths of its membership.
  5. Committee decisions shall be by simple majority.
  6. Committee meetings are not open to the other members unless invited by the Committee to attend and non-members of the Committee shall not be entitled to vote.
  7. All meetings minutes shall be kept of:
    • all appointment of officers made by the Executive Committee; and
    • all proceedings at meetings of the Centre, including the names of the members present at each meeting.
SECTION C: ARTICLE 10: THE COMMITTEE MEETINGS – AMENDMENT 
  1. The Committee shall have formal meetings at least once every eight (8) weeks and not more than ten (10) weeks must lapse between one meeting to the next.
  2. The meeting shall be called by the Chairman or by two Committee Members.
  3. At least two weeks’ (2) notice for such a meeting shall be given by the General Secretary.
  4. The quorum of the Committee shall be at least two- thirds of its elected membership.
  5. Members of the Committee must attend at least sixty per cent (60%) of all meetings in any given twelve (12) month period. Failure to attend three (3) consecutive meetings may lead to the dismissal of the Member. Longer absences due to illness or other extraordinary circumstance shall be taken into consideration.
  6. Committee decisions shall be made by a simple majority.
  7. All meetings shall include an agenda and be minuted and to include:
    • All appointments made by the Committee. 
    • All proceedings of meetings, including the names of the members present (or absent) at each meeting.
    • Public information statements from the meetings that may be of interest to the Membership of CMCC such as health & safety announcements or other information that the Committee and Trustees deem to be of importance shall be made available on CMCC Official Channels.
SECTION C: ARTICLE 11: DUTIES OF THE EXECUTIVE COMMITTEE – ORIGINAL TERMS
a)  THE PRESIDENT SHALL:
  1. Convene and issue notices of all Council Meetings.
  2. Chair all executive Committee and Council Meetings.
  3. Be the official spokesman of the Centre.
b)   THE VICE-PRESIDENT SHALL:
  1. In the absence of the President, to carry out the presidents duties.
  2. Give assistance and work hand in hand with the President.
c)   GENERAL SECRETARY SHALL:
  1. Convene and issue notices of all Council Meeting.
  2. Keep minutes of all Committee and Council Meetings.
  3. Be responsible for the correspondence of the Centre.
  4. Keep records of the Activities of the Centre and submit a report to the G.M.
d) ASSISTANT GENERAL SECRETARY SHALL:
  1. Assist the General Secretary in the discharge of his duties. 
e)  THE TREASURER SHALL:
  1. Collect money due to the Centre.
  2. Pay the expenditure of the Centre.
  3. Keep the Accounts of the Centre.
  4. Deposit the Centre’s funds in the bank.
  5. Submit a financial statement of the Accounts at the G.M.
f)  ASSISTANT TREASURE SHALL:
  1. Assist the Treasurer in the discharge of his duties.
g)  OTHER MEMBERS SHALL:
  1. Co-operate with the Committee to fulfil the aims of the Centre.
SECTION C: ARTICLE 11: DUTIES OF THE COMMITTEE MEMBERS – AMENDMENT

The roles and responsibilities of the Committee Members are defined in the CMCC Policy and Procedure and Guide to Meetings Handbook. A summary for the roles and responsibilities are provided below:

  1. Chairperson Duties
    • The Chairperson presides over and guides the meeting. The main responsibility of the Chairperson is to ensure order with a view of achieving and purpose to achieve an effective and productive It is the Chairperson’s responsibility to ensure the meeting is orderly, runs to time, addresses the reason for the meeting and allows for open discussion. During the meeting, in the interests of good discussion, the Chairperson may allow the conversation to move back and forth between the attendees by adhering to the relevant regulations and generally use the consensus method to reach a decision. The Chairperson shall be impartial and follow procedures regardless of their personal views on the matter. Chairing a meeting is a process that has to be followed step by step. In the event of a deadlock in reaching a decision that is outside the Policy and Procedures of CMCC and or is not in the normal course of the day-to-day operations of CMCC the Chairperson shall refer to the Trustee’s
    • The Chairperson shall preside over and Chair all Committee and Council Meetings. 
    • Be the official spokesperson of CMCC and have the right to delegate this role to Deputy Chairperson or a Trustee.
  2. Deputy-Chairperson Duties
    • Assisting the Chairperson in carrying out his responsibilities in conducting the meeting and standing in place of the Chairperson when he/she is absent. If necessary, the Chairperson may convene consultation meetings with the Deputy Chairperson before and during the Give assistance and work hand in hand with the Chairperson.
  3. General Secretary Duties
    • In meetings the General Secretary such as the formal monthly/quarterly/AGM/EGM, the fundamental functions or duties performed by the General Secretary are to act as an electoral officer for the meeting (when a matter requires a vote, the General Secretary shall tally the votes), to attend all meetings and to keep all relevant documents and records of the meeting. General Secretary makes explanations within the context of the agenda of the meeting on the request of the Chairperson. General Secretary also cooperates with the Chairperson to execute his duties. General Secretary shall also have sufficient knowledge to ensure that the meeting’s resolutions are compliant with the institution’s policies, procedures and regulations. The General Secretary is responsible for ensuring clear, concise resolutions and minutes record of the meeting. These minutes shall become legal documents that adhere to any requirements from Charity Commission or any other legal body.
    • Convene and issue notices of all Committee and Council meetings.
    • Keep the minutes of all Committee and Councilmeetings and release the public statements to the CMCC through the CMCC Official Channels under the direction of the Chairperson.
    • Be responsible for the record keeping of all official documentations of CMCC. 
  4. Treasurer Duties
    • The duties of the Treasurer include the fundamental financial reporting of CMCC. The minimum requirement at a monthly meeting is to provide a clear cash statements (from bank account held by CMMC), expenditure rate, zakat allocations donation income and other income (such as from rental property). Every quarter a financial report prepared by CMCC accountants shall be presented by the Treasurer. The Treasurer working with the CMCC accountant will on timely basis provided an Annual Financial Report that will be used for formal submission to the Charity Commission and at an AGM. A copy of all financial reports shall be shared with the Trustees as they are legally responsible to the Charity Commission.
  5. Marketing, PR & Media Communications Officer Duties
    • Working with the General Secretary draft all essentialmarketing, PR and media information / announcements and assist the updating of all CMCC Official Channels.
    • Ensure the website includes all events and fundraisers with bookings and payments facilities available online. 
    • Facilitates communication with charities, NGOs, and media, presenting the CMCC values and the good image of the local Muslim community.
    • Sharing good practice with other muslim charities, NGO’s
  6. Women Liaison Officer Duties
    • Bring concerns and suggestions from the local Muslim women to the attention of the committee and feed back to them all that is pertinent.
    • Communicate with other local women communities helping cooperation and harmony & presenting the CMMC and Islamic values.
  7. Property, LeFngs and Infrastructure Officer Duties
    • This position assumes responsibility for the building’s maintenance, Health & Safety Insurance policies and cleanliness.
    • Arrange lettings through coordinating service providers such as cleaners and and repairs.
  8. Events and Fundraising Officer Duties
    • Liaising with the committee to organise a full calendar of events, gatherings, open days and lectures for the purpose of fundraising and fulfilling the aims and values of CMCC. 
    • Working with the Marketing PR and Media Communication Officer.
  9. Young Muslims Liaison Officer Duties
      • Lead CMCC activities and organise a full calendar of events, courses, activities for the local young Muslims.
      • Working with the Imam, Islamic Teaching Officer and the Marketing PR and Media Communication Officer to effectively organise relevant activities.
  10. Other Common Duties for the Committee include but not limited to:

Collectively, the Committee (including all other members of the committee) have the following duties in the organisation of meetings Council. 

    • Preparation of the agenda items with relevant background documents and sending the meeting documents to members within the required timeframe as set out in the internal regulations and copies sent to the Trustees;
    • Minutes of previous meetings approved and signed by the Chairperson;
    • Preparation of the reports and presenting the reports during the meetings;
    • Keeping an accurate and concise record of meetings and circulating it within two (2) weeks after the meeting;
    • Provision of the documents and articles/clauses of the internal regulations which are requested to be reflected during the meeting.
    • Good planning and organisation of the meetings and
    • Keeping a good record of all previous minutes in a Minutes Book and a record of tabled reports in accordance with the Policy and Procedures of CMCC.
11. Islamic Tuition Officer Duties
    • This post is a paid appointment and not subject to election by CMCC Council. 
    • This post is not subject to the rules on repeating Committee Membership. 
    • No voting rights except as a Council Member. 
    • The appointed qualified tutor is responsible for organizing classes and providing course outlines in consultation and under the direction of the Imam, Chairperson and any other duly qualified Committee member or Trustee.
12. Imam Duties
    • The Imam is a paid role and not subject to election via CMCC Council.
    • The Imam will lead the mosque’s worship as a full-time permanent paid role.
    • The Imam will be responsible for providing consultation on areas of fiqh, and providing authentic evidence in every case.
    • The Imam shall provide and assist relevant tuition on islam, Quran and work with the Committee to fulfil the aims and Objectives of CMCC,
    • The Imam will share the responsibility of Community Spokesperson and uphold the aims of CMCC.
    • The Imam will provide pastoral support in the Community including marriages and funerals.
    • The Imam will be responsible for Khutbahs and play a lead role in any opportunities for Dawah.
    • All funds raised from work established at CMCC in the capacity of Imam shall remain the property of CMCC. For example, CMCC Khutbahs and dawah recordings uploaded to YouTube or other social media, any revenues or royalties shall remain the property of CMCC and recorded by the Treasurer as such in banking records..
    • The Imam’s work will be predominantly fulfilled in English and Arabic as the common language.
    • The Imam will uphold CMCC aims to establish and maintain congregational daily salat.
    • The Imam may resign from his post in accordance with the employment contract.
    • Imam has the same voting rights as a Council Member. 
    • Upon taking up his appointment, the Imam will automatically become an Associate Committee Member with no Committee Member voting rights shall attend the Committee Meetings when requested by the Committee and/ or Trustees.
SECTION C: ARTICLE 12: RESIGNATION – ORIGINAL TERMS
  1. Any Executive Member may tender his resignation to the Executive Committee. 
  2. When a resignation is acknowledged, the Executive Committee shall have the power to appoint any other member of the Council to fill the post.
  3. No member of the Executive Committee shall be permitted to remain in his post in the event of his leaving Canterbury or the United Kingdom. Such a member shall tender his resignation before leaving. Any unexplained absence longer than three months from the Committee meetings shall be construed as quittal by resignation and a new Executive member must be appointed within a period of two months.
SECTION C: ARTICLE 12: RESIGNATION – AMENDMENT
  1. Any Committee Member may tender his/her resignation to the Committee by giving one (1) month’s notice (provided that at least four (4) members of the Committee remain in office and least one of the Committee Members is the Chairperson, when the notice of resignation is to take effect).
  2. When a resignation is acknowledged and accepted, the Committee shall convene an EGM in within fourteen (14) days to elect a new member(s). No member of the Committee shall be permitted to remain in his post in the event of him/her leaving the Catchment Area, unless approved by the Trustees. Such a member shall tender his/her resignation before leaving.
  3. Any unexplained absence longer than three consecutive Committee meetings shall be construed as acquittal by resignation and the Committee shall call for an EGM in the within fourteen (14) days to elect a new member.
  4. A member of the Committee shall cease to hold office if he/she is disqualified by virtue of the Charities Act 2011 (Section 1782, or any amendment thereof).
SECTION D: ARTICLE 13: TRUSTEES – ORIGINAL TERMS
  1. All Trustees must be declared practicing Muslims.
  2. Two-thirds of the trustees must be resident within the area of the Canterbury Council City Council.
  3. Only Executive Committee members are eligible to become trustees and trustees shall be appointed by the executive Committee by way of simple majority.
  4. The number of trustees shall not be less than three but shall not exceed five.
  5. A trustee can resign by giving one month s notice in writing and shall cease to be a trustee upon his death.
  6. After receiving notice of resignation from a trustee or notice of a Trustee’s death, a new trustee must be appointed within one month from the date the notice is received.
  7. No person under the age of eighteen years of age is eligible to become a trustee.

2 Disqualification of charity trustees and trustees: http://www.legislation.gov.uk/ukpga/2011/25/section/178

SECTION D: ARTICLE 13: TRUSTEES – AMENDMENT
  1. All Trustees must be Muslims.
  2. All Trustees must have their main address in the Catchment Area.
  3. Trustees shall be elected by the Council at an AGM by a ballot every four (4) years. Trustees shall have no more than two (2) consecutive terms.
  4. It is recommended that Trustee board represents the diversity of the Muslim Community of Catchment Area.
  5. If disharmony arises between the Committee and the Trustee board, and such matter cannot be resolved through mediation and in accordance with CMCC Policy and Procedures an EGM can be called for the specific purpose of resolving the matter.
  6. The number of Trustees shall not be less than three (3) or more than five (5).
  7. A Trustee can resign by giving three (3) months’ notice in writing to the Chairperson of the Committee and to the Council. The General Secretary shall put in place dates for a new Trustee to be elected. The General Secretary shall put in place all necessary documentation for the resignation or appointment of Trustees to the Charities Commission., At any given time at least two (2) Trustees shall remain in office.
  8. A Trustee shall not be a member of the Committee (or vice versa).
  9. The Trustees shall appoint amongst themselves a Chairperson who shall be the designated person to receive all Charity Commission correspondence and a dedicated Complaints Officer who shall be responsible for channelling any complaints from the Council or Community or suggestions to the attention of the Committee in accordance with the Policy and Procedures of CMCC.
  10. A Trustee must be at least twenty five (25 ) years of age and have experience in charities, or corporate management, general management or other institutions.
SECTION D: ARTICLE 14: DISQUALIFICATION AND REMOVAL OF TRUSTEES – ORIGINAL TERMS

A trustee shall cease to hold office if he:

  1. ceases to be trustee by virtue of any provision in the Act or is disqualified from acting as a trustee by virtue of section 45 of the Charities Act 1992 (or any statutory re-enactment of modification of that provision);
  2. becomes incapable by reason of mental disorder, illness or injury of managing and administering his own affairs;
  3. resign his office by notice to the Society (but at least two trustees will remain in office when the notice of resignation is to take effect);
  4. or is absent without the permission of the trustees from all their meetings held within a period of twelve months and the trustees resolve that his office be vacated.
SECTION D: ARTICLE 14: DISQUALIFICATION AND REMOVAL OF TRUSTEES – AMENDMENT

 

A Trustee shall cease to hold office if he/she:

  1. Ceases to be a Trustee by virtue of any provision in the Charity Commissioner’s Act or is disqualified from acting as a trustee according to the Charities Act 2011 or any statutory re-enactment or modification of that provision.
  2. Becomes incapable by reason of mental disorder, illness or injury of managing and administering his or her own affairs due to health issues.
  3. Or is absent without the trustee’s board’s permission from all meetings held within a period of 6 months and in that period the board resolve that his/her office be vacated.
  4. BLANK
SECTION E: ARTICLE 15: FINANCE – ORIGINAL TERMS
  1. The Executive Committee shall decide how the funds of the Centre ought to be spent. 
  2. Not more than £30 shall be kept by the Treasure as Petty Cash at any one time.
  3. No money is to be given or spent without a signed receipt.
  4. Cheques drawn from the funds shall be signed by any two of the President treasurer and Assistant Treasurer.
  5. The executive Committee shall have the right to appeal for emergency funds or donations or to organise voluntary donation schemes.
  6. Any request for funds or assistance to other charities of individual, must be made to the General Secretary at least 10 days in advance, except in case of an emergency.
  7. Any bank account in which any part of the assets of the Centre is deposited shall be operated by the Executive Committee and shall indicate the name of the All cheques and orders for the payment of money from such account shall be signed by any two of those mentioned in (iv) above.
SECTION E: ARTICLE 15: FINANCE – AMENDMENT
  1. The Committee under the Constitution and in accordance with the Policies and Procedures of has the mandate to use funds of CMCC for the beneficial of CMCC Objectives.
  2. Reasonable funds are to be committed to the salary of the staff and Imam’s posts. 
  3. No more than £100 shall be kept by the Treasurer as petty cash at any time.
  4. Any money to be given in accordance with the Zakat Policy of CMCC shall be approved via usually Committee Meetings and communicated in accordance with its Policy and Procedures.
  5. CMCC encourages all transactions are through electronic banking, cheques drawn from the funds shall be signed by any two of the authorised Committee Members who are authorised signatories with the bank including that of the Chairperson and Treasurer.
  6. Payment of utility bills, invoices, and online purchases may be made using Online Banking .
  7. The Committee shall have the right to appeal for emergency funds or donations or to organise voluntary donation schemes.
  8. Any request for funds or assistance to other charities or individuals must be agreed by the committee in advance, except in case of emergency.
  9. Any bank account in which any part of the assets of the Charity is deposited shall be operated by the Committee and shall indicate the name of the charity. All cheques or orders for the payment of money from such account shall be signed in accordance with its Policy and Procedures. 
  10. All Council, Committee Members or Trustees shall declare a conflict of financial interest in accordance with Policy and Procedures of CMCC.
  11. In the case that a Committee Member is a direct beneficiary from any business, then he/she should offer their resignation from either the Committee and/or the Trustee position.
  12. A CMCC Council member, Committee Member or Trustee may receive remuneration only in accordance with the Charities Act These Members shall not be present at or take part in any discussion or decision relating to such remuneration. All remuneration shall be approved by the board of Trustees.
  13. The Committee must be satisfied that the level of remuneration is reasonable and appropriate regarding the services rendered to CMCC.
SECTION E: ARTICLE 16: IMPORTANT MATTERS FOR CIRCULATION – ORIGINAL TERMS

Any important matter for the attention of the Council shall be submitted to the General Secretary for circulation at least three weeks before the Council meeting.

SECTION E: ARTICLE 16: IMPORTANT MATTERS FOR CIRCULATION – AMENDMENT

Any important matter for the attention of the Council shall be submitted to the General Secretary for circulation at least two (2) weeks before the Council meeting and in accordance with the Policy and Procedures of CMCC.

Force Majeure: The Committee Members or Trustees or Council or Members shall not be liable to the other nor be deemed to have defaulted under or breached this Constitution, for failure or delay in fulfilling or performing any term of this Constitution (except for any obligations to make previously owned payments to CMCC) when and to the extent such failure and delay is caused by or results from acts beyond the reasonable control , including without limitation, the following force majeure events that frustrate the purposeof the Constitution: (a) act of God; (b) flood, fire, earthquake, or explosion, (c) war, invasion , hostilities (whether wars is declared or not), terrorist threats, or acts, riot, or other civil unrest; (d) government order or law; (e) actions, embargo or blockade in effect on or after the date of this Constitution; (f) action by any governmental authority; (g) global, national or regional emergency; (h) strikes, labour stoppages, or slowdowns or other industrial disturbances;(i) epidemic, pandemic, similar influenza, or bacterial or viral (which is defined by Public Health England), or an infection that may cause global outbreak or pandemic or serious illness; (j) shortage of power or transportation facilities and (k) other similar events beyond the reasonable control of CMCC.

SECTION E: ARTICLE 17: AMENDMENTS TO THE CONSTITUTION – ORIGINAL TERMS
  1. Amendments to the Constitution shall be submitted at least three weeks before the G.M. signed by the proposer and one seconder.
  2. No alterations shall be made to Article 3 (objectives), or 18 (dissolution) or this Article without the prior approval in writing to the Charity Commissioner for England and Wales and no amendment shall be made which would cause the Centre to cease to be a Charity.
SECTION E: ARTICLE 17: AMENDMENTS TO THE CONSTITUTION – AMENDMENT
  1. Amendments to the Constitution shall be submitted at least four (4) weeks before the Annual General Meeting, signed by the Committee and Board of Trustees. Any amendments to the Constitution shall be passed via a motion by a Qurom of the Members of the Council present. 
  2. No alteration shall be made to Article 3 or Article 18 of the CMCC Constitution without prior approval in writing from the Charity Commissioner for England and Wales.
  3. No amendment shall be made which would cause CMCC to cease being a charity.
SECTION E: ARTICLE 18: REGISTRATION AND DISSOLUTION – ORIGINAL TERMS
  1. The Centre shall be registered with the Charity Commission.
  2. The Executive Committee shall be responsible for performing the duties as required by the Charities Act in force at any time.
  3. The Centre may be dissolved by a Resolution passed by a two-third majority of the Council Members at an Annual General Meeting or Extraordinary General Any assets remaining after satisfaction of all debts and liabilities shall be given either to the Muslim Aid or Islamic Relief or such other charitable institution having similar objects.
SECTION E: ARTICLE 18: REGISTRATION AND DISSOLUTION – AMENDMENT
  1. CMCC shall be registered with the Charity Commission for England and Wales. 
  2. The Committee shall be responsible for performing the duties as required by the Charities Act in force at all times and in accordance with the Policy and Procedures of CMMC.
  3. CMCC may be dissolved by a resolution passed by a two-thirds majority of all Council Members at an AGM or an Any assets remaining after satisfaction of all debts and liabilities shall be given to a registered Muslim Institution having similar objectives as references in Article 3, preferably within the Catchment Area.
Download 2024 Annual General Meeting Outcome Document