Schedule A to the Constitution
- The association shall be wound up if at a Special Meeting convened for that purpose not less than two thirds (2/3) of the total number of members of the Association in good financial standing vote in favour of the resolution that the Association be wound up or subject to the provisions of Section 12 (1) of the act if for any reason the Association is unable to continue to function.
- If a resolution for the winding up of the Association has been passed as provided in clause (23.1), or if for any reason the Association is unable to continue to function the following provisions shall apply:
- The last appointed Chairman of the Association or if he/she is not available, the available members of the last Appointed Executive Committee of the Association shall forthwith transmit to the Industrial Registrar appointed in terms of the Act a statement signed by him/her or them setting forth the resolution adopted or the reason for the Association’s inability to continue to function as the case may be, and the available members of the Association’s last appointed Executive Committee who were in good standing at the date of dissolution shall appoint a liquidator to carry out the winding up. The liquidator shall not be a member of the Association and shall be paid such fees as may be agreed upon between him/her and the said members of the Association’s last appointed Executive Committee. Should the parties fail to agree upon the fees to be paid, the Registrar shall fix the basis on which the liquidator shall be paid.
- The liquidator so appointed shall call upon the last appointed office bearers of the Association to deliver to him/her the Association’s books of account showing the Association’s assets and liabilities together with the register of members showing for the twelve (12) months prior to the date on which the resolution for winding up was passed or the date as from which the Association was unable to continue to function, as the case may be, herein referred to as the date of dissolution, the subscription paid by each member and his/her address as at the said date.
- The liquidator shall also call upon the said office bearers to hand over to him/her all unexpended funds of the Association and to deliver to him/her the Association’s assets and the documents necessary in order to liquidate the assets. All funds handed over are to be placed in a trust.
- The liquidator shall take the necessary steps to liquidate the debts of the Association from its unexpended funds and any other monies realised from any assets of the Association and if the said funds and monies are insufficient to pay all creditors after the liquidator’s fees and the expenses of winding up have been met, the order in which creditors shall be paid shall, subject to the provisions of paragraph (f) be the same as that that prescribed in any law for the time being in force relating to the distribution of assets of an insolvent estate and the liquidator’s fees and the expenses of winding up shall rank in order of preference as though he/she were a liquidator of an insolvent estate as though the expenses were the costs of sequestration of an insolvent estate.
- Upon dissolution of the Association, any surplus of assets over liabilities shall, at the discretion of the incumbent Management Committee and subject to 75% of the Management Committee voting in favour of such disposition, be given or transferred to any non-profit association having similar objectives to the main objective of the Association.
- The liability of members shall, for the purpose of this clause, be limited to the amount of subscriptions due by them to the Association in terms of this Constitution as at the date of dissolution.
The following fees are payable to ESDA by its members in terms of the constitution:
- Entrance/Joining Fee: R650
- Annual Subscription Fee: R1,500
Both the Entrance and Annual Subscription Fees are payable in advance, in full. A certificate of membership shall be issued within one month of receipt of the annual subscription fee.