References for the Discussion of PhilRes Elections

 

[Consisting of 11 Articles and 72 Sections, in lieu of the

previous Bylaws consisting of 39 Articles and 149 Sections]

As Discussed and Approved by the National Directorate on September 03, 2014


 


CONTENTS

Article I General Provisions

Article II Membership

Article III National Organization

Article IV Local Chapters

Article V Elections

Article VI Mediation and Adjudication

Article VII Fiscal Management and Control

Article VIII Special Provisions

Article IX Amendments

Article X Transitory Provisions

Article XI Final Provisions


Who can Vote and Be Voted upon?

Article I – GENERAL PROVISIONS

 

Section 1.  NAME.  The name of this non-stock corporation shall be the PHILIPPINE INSTITUTE of REAL ESTATE SERVICE PRACTITIONERS (PhilRES) INCORPORATED, hereinafter referred to as PhilRES.

Section 2.  NATIONAL OFFICE.  The principal business office of PhilRES shall be determined by the National Directorate where the central operations of the AIPO will be conducted.

Section 3.  SEAL.  The National Board shall approve an official seal in the form of a symbolic design that embodies the ideals, principles and aspirations of PhilRES.

Section 4.  COMPOSITION.  PhilRES membership shall be composed of natural persons in accordance with Section 34 of RA 9646 or the Real Estate Service Act of the Philippines. In compliance with the AIPO accreditation granted by the Professional Regulation Commission (PRC), PhilRES shall base its membership roster on the official PRC list of duly licensed real estate brokers, appraisers, consultants, government assessors, and government appraisers, as well as accredited real estate salespersons.

Section 5.  STRUCTURE.  PhilRES shall be organized under a SEC-registered National Organization with designated Local Chapters in every Province, City and First Class Municipality.

Section 6.  ADHERENCE. These By-Laws shall adhere to laws, rules, principles and accepted standards in society, most especially RA 9646 and its Implementing Rules and Regulations for the fair, just, and ethical practice of the real estate service profession. These ByLaws shall be implemented for the best interest of the general membership.

Section 7. NON-POLITICAL AIPO.  Except for local government assessors and government appraisers, no member elected or appointed to government service shall be eligible for election or appointment to any position in the AIPO.

Section 8. NON-ANSWERABILITY.  In the absence of malice, fraud, bad faith, or negligence, the AIPO, including its officers, elected or appointed, at the  national, local or committee levels, shall not be answerable for any damage incident to any complaint, charge, investigation, prosecution, proceeding, trial, decision, resolution, recommendation, or action made or undertaken by the authority of these ByLaws. In the event of court litigation, PhilRES shall provide legal services or reimburse the legal expenses of any officer who has been arbitrarily prosecuted for acts committed in the performance of his or her duties under the ByLaws.

 

Article II – MEMBERSHIP

 

Section 9.  GUIDELINES.  Membership in PhilRES is automatic by operation of law. As such, membership in PhilRES is not merely an option but an obligation for all PRC-licensed and/or accredited real estate service practitioners.  The National Directorate shall prescribe the appropriate membership guidelines.

Section 10.  CLASSIFICATION.  Membership shall be generally classified as Regular and Associate.

a. REGULAR MEMBERSHIP.  Except for the salespersons, this classification shall apply to all real estate service practitioners as stipulated under Section 3g of RA 9646.

b. ASSOCIATE MEMBERSHIP.  This classification shall apply to any accredited salesperson and any other professional that has been granted the corresponding license by the Supreme Court and the Professional Regulation Commission (PRC) who wish to be members of PhilRES.

Section 11.  PRIVILEGES.  Notwithstanding the special privileges that the National Directorate may provide from time to time, the following shall be guaranteed privileges to be accorded every PhilRES Member:

a. REGULAR MEMBERSHIP

1. Right of Suffrage

2. Right of Membership in a particular local chapter of one’s choice

3. Right of Participation in all AIPO activities

4. Right to Information on all records and finances

b. ASSOCIATE MEMBERSHIP.

1. Right of Membership in a particular chapter of one’s choice

2. Right of Participation in all AIPO exercises

3. Right to Information on all records and finances

Section 12.  DUTIES AND RESPONSIBILITIES.  Every member is obliged:

 

a. To read and abide by RA 9646, PHILRES Bylaws and other pertinent rules and regulations

b.  To observe faithfully the National Code of Ethics and Responsibilities

c.  To pay the annual membership dues and authorized special assessments

d.  To support the advocacies and activities of PhilRES

e.  To become a member in a particular local chapter

f.  To vote during elections

g.  To report any act of wrongdoing by any member or employee

h. To exercise a member’s rights and perform one’s duties and responsibilities with justice, giving everyone his/her due by observing honesty and good faith

i.  Not to do any act which are prejudicial or inimical to PhilRES

 

Section 13.  MEMBER IN GOOD STANDING.  Every member who has paid all membership dues and all authorized special assessments and who is not under suspension from professional practice or from AIPO membership, or has no pending complaint lodged with the National Directorate for violation of his or her duties and responsibilities, is deemed a Member in Good Standing and deserving to be issued a certificate as required for the renewal of his or her Professional ID Card by the PRC.

Section 14. MEMBERSHIP FEE. Every member shall pay an annual membership dues on or before the 31st of December for the ensuing fiscal year, and shall be issued a corresponding AIPO Receipt Number in compliance with Section 38 of RA 9646.

The National Directorate shall determine the appropriate annual membership dues, and its apportionment, as necessary.

Section 15.  EFFECT OF NON-PAYMENT OF THE MEMBERSHIP DUES.  A member who fails to pay his or her annual dues shall be automatically suspended, with an appropriate recommendation to the PRC to suspend the member’s license. Membership, however, shall be reinstated upon proper payment of said dues plus an appropriate surcharge to be determined by the PhilRES Treasurer.

Section 16. TERMINATION, RESIGNATION AND FORFEITURE OF MEMBERSHIP.  PhilRES membership may be terminated upon a member’s voluntary resignation, permanent disability, death, final conviction by a court of law for an offense involving moral turpitude, or by decision of the national directorate.  Forfeiture of membership, however, shall be subject to due process in accordance with the prescribed procedures under Article VI – Mediation and Adjudication.

 

Who and How Many Should Be Elected?

ARTICLE III  – NATIONAL DIRECTORATE

 

Section 17.  GOVERNING BODY.  The AIPO shall be managed professionally and collectively by a National Directorate (National Board) composed of seven (7) elected brokers, seven (7) elected government assessors and government appraisers, four (4) elected private appraisers and three (3) elected consultants. As the policy-making body, the National Directorate shall exercise plenary powers in accordance with these ByLaws.

Section 18. LEADERSHIP BY EXAMPLE.  All office holders in PhilRES shall publicly commit to honorable and professional behavior at all times and to lead by example in advancing the PhilRES core values of Professionalism, Honesty, Integrity, Loyalty, Responsibility, Excellence and Service among the members.

Section 19.  MEETINGS AND QUORUM. The National Directorate shall meet regularly at an officially  designated venue once a month with at least eleven (11) directors to constitute a quorum for any official business. Special meetings for specific agenda may be called by the Chairman, President or at least eleven (11) directors in writing. Notice shall be issued at least five (5) days before the scheduled meeting.

Section 20.  RULES OF ORDER.  The first National Directorate shall prescribe House Rules for the proper conduct of meetings, adopting for the purpose Robert’s Rules of Order.  All succeeding meetings shall comply with the adopted rules. A director’s failure to attend two (2) consecutive regular meetings without proper prior advice and for no valid reason shall be deemed a constructive resignation.

Section 21.  ELECTION.  The National Directorate shall be elected democratically by all members in good standing every two (2) years at an election scheduled within the 2nd week of November. Those garnering the largest number of votes among the candidates for sectoral representatives in the National Board shall serve for two (2) years starting the first day of January of the following year.

Within 30 days immediately following the election, the elected members of the National Directorate shall select from among themselves a Chairman, Vice-Chairman, National President, Secretary General and Auditor.

Section 22.  VACANCY.   In case of any vacancy on the national board, the candidate with the next highest number of votes garnered in the previous election shall be appointed to fill the vacated position, but shall serve only for the unfilled portion of the term.

Section 23.  REMOVAL.  A national director, whether elected or appointed, may only be removed from office for proven violation of PhilRES ByLaws and only after the observance of due process.

Section 24.  TERMINATION.  Membership in the National Directorate may be terminated upon forfeiture of membership in PhilRES, by removal from office after due process, by voluntary resignation, by permanent disability, by death or final conviction by a court of law for an offense involving moral turpitude.

Section 25.  MANCOM.  The National Directorate shall appoint a Management Committee to be chaired by the National President to manage the operations of the AIPO. Upon recommendation by the National President, the National Directorate shall approve, and designate elected directors to, the following positions :

a.  Executive Vice President

b.  Vice President for Administration

c.  Vice President for Chapter Development and Chapter Affairs

d.  Vice President for Government Affairs

e.  Vice President for Membership

f.  Vice President for Treasury

Section 26.  APPOINTED NATIONAL OFFICERS.  Upon recommendation by the National President, the National Directorate may appoint a Legal Counsel, Executive Director and other officers to assist the MANCOM.

Section 27.  NATIONAL COMMITTEES.  Upon recommendation by the National President, the National Directorate shall appoint an elected director as chairman of any of the following standing committees:

a.  Committee on Academe and Continuing Professional Education

b.  Committee on Awards and Recognition

c.  Committee on Election

d.  Committee on Ethics and Mediation

e.  Committee on International Affairs

f.  Committee on Multi Listing Service

g.  Committee on Review of Laws and By-Laws

h.  Committee on Vigilance and Advocacy

Section 28.  AD HOC COMMITTEES.  The National President may appoint ad hoc committees whose functions do not duplicate those of any of the existing national committees. Ad Hoc Committees shall have a maximum tenure of three (3) months.

 

How Should the Elections Be Held?

Article IV – Local Chapters

 

Section 29.  FORMATION.  For purposes of efficient and effective management of the AIPO subject to the approval of the National Board, the National President shall organize local chapters, where feasible, in every province, city, and first class municipality in the country.  

Each local chapter shall be organized and sustained by at least fifteen (15) licensed real estate service practitioners from the ranks of brokers, private appraisers, assessors, government appraisers and consultants.

A chapter shall act and serve as the local servicing unit of the AIPO to govern, administer, and manage all real estate service practitioners within a particular province or city or municipality.

All local chapters shall be under the direct supervision of the National Chapter. The National Board shall prescribe the corresponding Chapter Formation Guidelines as well as the standard Operational Review and Financial Accountability System for the proper governance of the chapters.

Section 30.  CHAPTER GOVERNING BODY.  A local board of directors composed of elected members shall act as the policy-making body of the chapter. Actions or decisions of the local board that go beyond the purview of the PhilRES ByLaws shall require approval of the National Board.

Section 31.  LEADERSHIP BY EXAMPLE.   All office holders in PhilRES chapters shall publicly commit to honorable and professional behavior at all times and to lead by example in advancing the PhilRES core values of Professionalism, Honesty, Integrity, Loyalty, Responsibility, Excellence and Service among the members.

Section 32.  MEETINGS AND QUORUM.  The Local Board shall meet regularly once a month with at least a majority of the elected directors to constitute a quorum for any official business. Special meetings for specific agenda may be called by at least five (5) directors in writing. Notice shall be issued five (5) days before the scheduled meeting.

Section 33.  RULES OF ORDER.  The incumbent Local Board shall prescribe House Rules for the proper conduct of meetings, adopting for the purpose Robert’s Rules of Order.  All succeeding meetings shall comply with the adopted rules. A local officer’s failure to attend two (2) consecutive regular meetings without proper prior advice and for no valid reason shall be deemed a constructive resignation.

Section 34. ELECTION.  The annual chapter election among members in good standing shall be scheduled within the 2nd week of December. The elected chapter officers shall serve for one year starting the first day of January following the election.  

Within 15 days after the election, the Local Board shall select from among themselves a Chairman, Vice-Chairman, President, Secretary, and Auditor. Except for the Auditor, the rest of the aforementioned officers shall serve in concurrent capacity as the Local MANCOM.

Section 35.  VACANCY.  In case of any vacancy on the local board, the candidate with the next highest number of votes garnered in the previous election shall be appointed to fill the vacated position, but shall serve only for the unfilled portion of the term.

Section 36.  REMOVAL.  A local chapter director, whether elected or appointed, may only be removed from office for proven violation of PhilRES ByLaws and after observance of due process.

Section 37.  TERMINATION.  Membership on the local board may be terminated upon forfeiture of membership in PhilRES, removal from office after due process, voluntary resignation, permanent disability, death or final conviction by a court of law for an offense involving moral turpitude.

Section 38.  LOCAL MANCOM.  The Local Board shall appoint a Local Management Committee (MANCOM) to be chaired by the Chapter President to manage the operations of the AIPO Chapter. Upon the recommendation of the Chapter President, the Local Directorate shall approve and designate elected directors to the following positions:

a.  Executive Vice President

b.  Vice President for Administration

c.  Vice President for Chapter Development and Chapter Affairs

d.  Vice President for Government Affairs

e.  Vice President for Membership

f.  Vice President for Treasury

Section 39.  APPOINTED OFFICERS.  Upon recommendation by the Chapter President, the Local Directorate may appoint other officers to assist the MANCOM.

Section 40.  STANDING COMMITTEES. The Local Directorate shall install the following committees as deemed necessary and approve the Chapter President’s appointment of the respective chairpersons:

a. Committee on Academe and Continuing Professional Education

b. Committee on Awards Recognition

c. Committee on Election

d. Committee on Ethics and Mediation

e. Committee on Multi-Listing Service

f. Committee on Vigilance and Advocacy

Section 41.  AD HOC COMMITTEES.  The local chapter president may appoint ad hoc committees whose functions do not duplicate those of existing national committees. Ad Hoc Committees shall have a maximum tenure of three (3) months.

Section 42.  CHAPTER MEMBERSHIP.  Any licensed and accredited practitioner may become a member of a chapter of his or her choice, regardless of his or her place of residence and practice. Any plan, however, to transfer chapter affiliation subsequently shall follow the guidelines prescribed by the National Board for the proper governance of chapters.

Section 43. TERRITORIAL JURISDICTION.  Chapters may hold organizational meetings anywhere. provided that majority of the regular meetings during the year shall be held in the local government jurisdiction which the chapter represents.

Collaborative activities and/or advocacies may be undertaken by chapters belonging to different local government jurisdictions.

 

ARTICLE V – ELECTIONS

 

Section 44.  FORM.  The election of qualified candidates for both national and local positions shall be conducted democratically and all members in good standing shall be eligible to vote or be voted upon. The conduct of elections shall be announced no later than three (3) months before the electoral exercise itself.

Section 45.  REGULAR ELECTION.  A national election shall be held within the 2nd week of November every other year, while chapter elections shall be conducted within the 2nd week of December of each year.

The mode of election of national directors shall be through ballot-by-mail in accordance with election rules to be determined by the national directorate and administered by a committee on elections (COMELEC) whose members shall be appointed by the national directorate.

Section 46.  SPECIAL ELECTION.  A special election may be called by the National Board in the event that a majority of the elected officers on either the National or Local Boards voluntarily resign, or are disqualified to practice or whose membership has been forfeited or terminated after observance of due process.

The electoral exercise shall be scheduled within two (2) months for the National Board and within a month for the local chapter, after the determination of such need in a regular meeting.

Section 47.  NATIONAL ELECTION RULES.  Three (3) months before any regular electoral exercise, the National Directorate shall enact the PhilRES Election Rules that will be used for electing officers both for the National Board and the Local Chapters and shall appoint a Committee on Elections (COMELEC) that shall administer the entire election process.

Notice of the approval of such rules shall be published in a newspaper of general circulation. The actual Election Rules shall be posted in the official PhilRES website with official copies furnished to all Local Chapter Boards, the PRBRES, and the PRC.

 

The Election Rules shall provide guidelines for implementation, among others, of the following mandatory election provisions:

Nomination to the National Directorate

a.   Nominations for the election of national directors shall emanate from the Local Chapters.

b.   Nominations shall be submitted at least two (2) months before the actual election.

c.   The National Board, through the COMELEC, shall release the official list of members in good standing who are eligible for nomination at least 60 days before a national election and 30 days before a local election.

d.   Only members in good standing with chapter residency of six (6) months shall qualify for nomination.

e.  A member can only be nominated once, regardless of the number of licenses acquired or sectors represented.

f.    A member can accept a nomination only from one chapter.

g.   A local chapter may nominate as many candidates as there are sectoral seats to be represented on the National Board.

 

Election

h. The COMELEC shall release the official Master List of National Candidates no later than 45 days before the election.

i.  The election of national directors shall be undertaken by the chapters through ballot-by-mail and in accordance with the election rules to be laid down by the national directorate and administered by the COMELEC that it shall appoint.

j.  Members in Good Standing shall participate in election proceedings at the chapter level. Proxies may be used for both quorum and voting purposes. An election is deemed valid upon actual voting at the chapter level by a simple majority of the quorum.

 

National Board.

n.  No elected member shall serve for more than three (3) consecutive terms.

 

Chapter Election.

o.  For chapter elections, nomination and actual election shall be held on the same day.

 

Proclamation and Protest

p.  Proclamation of election winners shall be done immediately after the national canvassing of votes.

q.  No winning candidate shall be proclaimed who is subject of an election protest.

r.   An election protest that has been denied by the COMELEC may be appealed to the National Board within 15 days.  The Board shall render a final and executory decision on or before December 28.

 

Section 48.  COMELEC.  The Election Rules shall be implemented by a Committee on Election (COMELEC) to be appointed by the national directorate.

The COMELEC shall consist of five members, one of whom shall be appointed Chairman. Their tour of duty begins four (4) months before the actual conduct of the electoral exercise and continues until after two (2) months from the conclusion of the election.

On the other hand, the Local Committee on Election (Local COMELEC) shall be appointed by the Local Directorate and shall be tasked to oversee the appropriate exercise. It shall be composed of respected chapter members who belong either to the local chapter or to other nearby chapters.

 

Article VI – MEDIATION AND ADJUDICATION

 

Section 49.  SETTLEMENT OF DISPUTES.  Any dispute arising among members of PhilRES on individual capacities shall be adjudicated through the AIPO mediation system without prejudice to PRC rules and regulations on the matter.

Section 50.  PROCEDURE.  No complaint shall be entertained unless the same is duly subscribed under oath.  All disputes shall be adjudicated within 30 days from filing but no later than 60 days. No complaint shall be entertained 30 days before the date of renewal of a respondent’s professional ID card. The National Board shall prescribe a grievance, mediation and adjudication procedure for implementation by the designated committee.

Section 51.  CODE OF ETHICS.  The mediation, adjudication and disciplinary proceedings that shall be provided under this article will take utmost consideration of the PRC-approved National Code of Ethics and Responsibilites for Real Estate Service Practice. The same shall be officially adopted as the PhilRES Rules of Ethical and Professional Conduct of its members.

Section 52.  COMMITTEE.  Mediation shall be handled by the Committee on Ethics and Mediation whose chairman and eight (8) members shall be appointed by the National President with the concurrence of the National Board.

The committee shall divide itself into sub-committees of three members each, with the power to adjudicate specific cases assigned to them. The subcommittee decisions may, however, be appealed to the committee en banc.

The committee shall enjoy a fixed term of three (3) years and absolute independence from the influence of its appointing authority. Members, however, maybe impeached upon culpable violation or gross incompetence in the implementation of the grievance, mediation and adjudication procedures as well as any acts stipulated in the subsequent section.

Section 53. GROUNDS FOR DISCIPLINARY ACTION.   A member, in the exercise of his or her rights, and in the performance of his or her duties and responsibilities, shall act with justice and fairness, give everyone his or her due, and observe honesty and good faith. A member found to be liable for acts inimical to the interest of the AIPO or any of its members, or in violation of RA 9646, the PhilRES ByLaws and the National Code of Ethics and Responsibilities shall be sanctioned accordingly after the observance of due process.

Section 54.  DISCIPLINARY ACTION.  No member shall be meted any disciplinary action without just cause and due process of law. The decisions of the Committee shall be final and executor, subject to final review by two thirds vote of the National Board in cases involving indefinite suspension and outright recommendation to PRC for membership expulsion.

 

The National Board shall ultimately decide the culpability, if any, and impose the appropriate penalties on an erring member found guilty.

a.  First Offense – Reprimand

b. Second Offense – Minimum 1 month but not to exceed 3 months suspension of membership

c. Third Offense – Minimum 3 months but not to exceed 6 months suspension of membership

d. Fourth Offense – Minimum 6 months but not to exceed 1 year suspension of membership

e. Fifth Offense – Indefinite suspension and outright recommendation to PRC for membership expulsion

Section 55.  REMISSION.   Any member convicted by the National Board but subsequently found not to have committed any illegal, immoral or dishonorable act within two (2) consecutive years from the last transgression shall be cleared of the previous offenses.

 

Article VII – FISCAL MANAGEMENT AND CONTROL

 

Section 56. FISCAL YEAR.   PhilRES shall operate its fiscal year from January 01 to December 31. The National Board shall prescribe the form, content and manner of preparation and approval of work programs and budgets at both the national and local levels.

Section 57. BUDGET COMMITTEE.  The preparation of the budget shall be undertaken by the Management Committee (MANCOM).

Section 58. ANNUAL BUDGET.   The national directorate  shall approve the annual budget no later than January 15 of each year.  No disbursement shall be made except in accordance therewith. It shall be posted on the official website.

Section 59. AUTOMATIC RE-ENACTMENT.   Failure to enact a new budget shall automatically re-enact the preceding fiscal year’s budget and shall remain in force and effect until a new budget is adopted by the Board. No disbursements shall be made except in accordance therewith.

Section 60. BUDGET AMENDMENT.   The national directorate may from time to time amend the budget in order to provide funds for necessary expenditures: Provided, however that the total of the increase made in the items of the budget shall not exceed fifteen percent (15%) of the total estimated income of the AIPO for the current fiscal year. Any supplementary budget enacted shall be supported by a corresponding revenue measure.

Section 61. FINANCIAL ACCOUNTABILITY.  The AIPO’s book of accounts shall be kept in accordance with the Generally Accepted Accounting Principles (GAAP). The MANCOM shall submit financial reports to the national directorate through the Auditor.

The AIPO shall commission a third party auditor to conduct an external audit of the immediately preceding year.  The audit summary shall be published in the official website and shall bind all signatories.

 

Article VIII – SPECIAL PROVISIONS

 

Section 62. COLLEGE OF FELLOWS.   The National Board shall prescribe special guidelines for a  College of Fellows to institutionalize the official recognition by PhilRES of real estate service practitioners who have demonstrated and enjoy public recognition of the highest levels of professional competence and contribution to the further enhancement and benefit of real estate service practice in the country.

Section 63. RECOGNITION OF OTHER REAL ESTATE ASSOCIATIONS.   As a matter of policy, PhilRES hereby recognizes the role and contribution of active real estate organizations in the country.  It also fosters and promotes mutual professional respect, collaborative endeavors, and reciprocal partnerships between and among its kindred organizations in order to advance the industry and the economy for the benefit of our citizenry.

Section 64.  PHILRES FOUNDATION. The National Board shall endeavor to establish a foundation to undertake its service to society.

 

Article  IX – AMENDMENTS

 

Section 65. PROPOSAL TO AMEND.  Any amendment or revision to these bylaws may be proposed by two thirds of the total members of the National Directorate or by a signed petition from at least 10% of Members in Good Standing. The National Board shall prescribe the pertinent guidelines for the exercise of this right.

Section 66. PROCEDURAL REQUIREMENTS.  These ByLaws may be amended or repealed in whole or in part by a majority vote of members of the National Directorate and by a majority vote of the Members in Good Standing based on the official PhilRES list of members dated at least two (2) months before such ratification at any regular meeting or special meeting duly called for the purpose.

 

Are there Special Provisions for the First PhilRES Elections?

Article X – TRANSITORY PROVISIONS

 

Section 67.  FIRST NATIONAL AND CHAPTER ELECTION.  All pertinent provisions shall be implemented by the incumbent National Board for the holding of the First National and Chapter Elections. A national COMELEC shall be installed within 30 days after ratification of these ByLaws.

The National Election shall be held within or before the Second Week of May 2015. The elected national directors shall assume office a month after the election and shall serve until December 31, 2016.

The chapter elections shall be held after the national election but no later than the second week of October 2014. Elected chapter directors shall assume office a month after the election and shall serve until December 31, 2015.

Section 68.  EXISTING COMMITTEES.  Committees installed prior to these amended by-laws shall continue to function until after the election or unless the appointment of committee officials is revoked by the National Board at the instance of the national president.

Section 69.  EXISTING MEMBERSHIP DUES.  The incumbent and the newly-elected National Boards shall maintain the annual membership fee for 2014 at five hundred pesos (P500) only.

 

Article XI – FINAL PROVISIONS

 

Section 70.  REPEALING CLAUSE.   All existing board resolutions, rules and guidelines or parts thereof inconsistent with these amended ByLaws are hereby repealed, amended or modified accordingly.

Section 71.  SEPARABILITY CLAUSE.   If any clause, sentence, paragraph or part of these ByLaws shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of the amended ByLaws, but shall be confined in its operation to the clause, sentence, paragraph or part thereof directly involved in the controversy.

Section 72.  EFFECTIVITY CLAUSE.   These amended ByLaws shall take effect immediately upon ratification. The incumbent National Board shall have all the powers and authority to take all legal actions to ensure effective transition from the previous ByLaws to these new and amended ByLaws.

 

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Date of Submission by the Committee on Review of Laws and ByLaws: 04 April 2014

 

Date of Approval by the National Board: 03 September 2014

 

Date of Ratification by the General Membership: ______________