INTRODUCTION TO THE HOSPITAL INITIATIVE.
INTRODUCTION
Dear MMC member, 24th
November 2020
REF. MMC HOSPITAL.
Hope this
finds you in good state.
A few months
ago, the world was hit by a grave pandemic that has not only claimed people’s
lives, but also affected the economic and social setup of societies to the
marrow. Sundry people have been and will continue being affected by this
pandemic for ages to come.
I realized
that during the pandemic, we as MMC were equally affected and tried to fumble
here and there to wade through the pandemic days. Some members were benevolent,
but this will never be everlasting. Many of us are still employed and basically
earn peanuts, not enough to sustain us and our families, not to mention
anything to pass on to our posterity.
I have seen
people start from small to great heights, with sacrifice, encouragement and
urge to get better. We all yarn to be better in life, and to make sure our
children have a better future. All of us are soon retiring, however, it is ever
sweeter to retire with a steady flow of income, knowing that by the end of the
month or year, one is earning from the little he or she started with.
Our common
gene is MMC. We share a lot, and the bond we have created has made us family.
It is this common gene that can bring us together to start small and become
big, leave a legacy, and make our children and grandchildren proud.
The MMC
forum houses 233 residents. I am certain that all of us at least earn
something, however, it is equally a big lot that might not be in position to
achieve their dreams in life.
The baganda
say, ‘’agali awamu gegaluma enyama’’, meaning, simply, ‘’together we can’’. As
a group, we are seated on wealth but deliberately refusing to become rich. We
have sharp brains but are in bondage because we are failing to think outside
the box.
But what if
we give monetary value to our chats, let us imagine 233 members contributed
1000 a day, we call it ‘’MMC KAMEEZA’’
· 233 by 1000 equals 233,000 shs a day.
I am certain very few of us earn and save that much a day.
That is to
say, 233,000 by ‘let us round of to 30 days a month’
· 233,000 multiply by 30 days = 6,990,000
shs a month. How many of us can save that a month?
That is to
say, 6,990,000 million shs by 12 months.
· 6,990,000 multiply by 12 = 83,880,000
million shs.
If I may
ask, how many of us can save 50 million a year, free money on your account
without thinking of deducting school, fees, paying hospital bills and catering
for other family stuff etc?
But again
there is this. As we save our kameeza money, at the end of the month we can
transfer it to a UAP Umbrella Trust fund. This fund gives interest each end of
month. The interest is accumulative. This is better than keeping the money in a
bank because banks deduct money each end of month. This means by end of year,
we can even have 100 million shillings plus.
With our
education and brains, why not think big, beyond our conversations. All of us
have been affected health wise, our spouses or children. We have come to help
out each other during such times. The amount of money we spend on health is
exorbitant, but the issue of health is part of our life.
Why not
think of a hospital where we and our spouses and children can have health
benefits? During the covid 19 times, it is only the health facilities that were
deemed essential. Schools, bars, hotels etc, were closed and some still closed.
Never has a hospital been out of patients. Some of us have members of our
families that have to be on medical prescriptions for life. Some of us have
fallen sick and have felt ashamed to say it out yet we are greatly affected by
the medical bills. What if we plan on building a hospital where all members of
MMC, their spouses and children can have medical bills 90 percent covered by
the hospital, just for being an MMC or a product of an MMC member, whose education
and life-lessons were attained from that factory. Why not leave a legacy for
our children and grandchildren to be proud of? A legacy that will always drip
monies into the coffers of the beneficiaries for life. A legacy that cannot be
sold by our posterity because it can be well protected. Something for which we
will be talked about when we leave this world. Prove the world that even with
education attained at a coffee factory under the name of Nkozi NTC that is no
more, something substantial stands MMC
HOSPITAL. Let us bind our MMC history into an everlasting mark because time
will come when we can no longer chat like we do now.
Apart from
that, a hospital comes with other subsidiary economic activities. We have
investment clubs that can tender for a hospital supermarket, laundry and
cleaning services.
Our forum
has human resource that can be so helpful. We have people who can solicit for
donations. In many developed countries, organizations will willingly donate to
health facilities. We have people in positions that can help get us affiliated
to big health organizations and institutions. If individuals can start simple
clinics, why not us?
Am looking
at a time when all the faces posted on our MMC forum are hung on the reception
wall of MMC
HOSPITAL. People make names that last long, for example, writers,
musicians, actors etc. Names that stay even after their deaths. Where and how
will your name always be remembered? Let us make a name that can make our
posterity proud of us and stand in society and say, ‘’My father/mother is among
the people who started that great hospital, that is him/her picture among the
founder members’’ What can we be remembered for? Let us not fade way just like
an echo, let us not let our epitaph read ‘’He/she
was born, lived and died’’. Even in our graves, we shall be ashamed of
having had such good brains and ideas but failed to put them into use. Let us
make the wording of our epitaph be written on the hearts of our children, grandchildren
and the society at large, not on our tombstones to be forgotten there.
For those of
us who watch local news, media is covered with these categories of people with
health issues.
1
Those
who are sick but have failed to get money to go to hospital.
2
Those
who have been to hospital but have failed to complete the payment of hospital
bills.
3
Those
who have been to hospital and diagnosed, given prescription medications but
cannot afford to buy the medication.
4
Those
who are on daily mandatory medication that is expensive.
WHY SHOULD WE WAIT FOR THIS TO HAPPEN
TO US WHEN WE CAN DO SOMETHING TO SUFFOCATE IT NOW?
Let us think
big. We can make it with just 1000 shs a day. 1000 shs a day can create a
legacy for us, it can create value to our name even after death, it can change
the lives of many, most importantly our posterity. I know we have investment
clubs, but I am so sure this 1000 shs a day cannot affect them.
I am looking
at MMC HOSPITAL with Ichuli Ward,
Asaba Maternity Ward, Nakityo VIP Loby, Father Kasule Ward, Kasha Wing, Nantege
Fertility Center, Nanteza Blood Transfusion Dept, Namusoke General Ward, Kizito
Causality Ward, Bbuka Children’s Center, ES Kiwanuka Men’s Ward, Kibazo Sperm
Donation Dept. etc.
We can have
a bank account on which to deposit our 1000 shs. Some might even decide to
deposit weekly. We can have MTN and Airtel lines for strictly depositing daily MMC KAMEEZA. The passwords of these
lines will be shared among a minimum of three members. Money on these lines
will be deposited to our bank account monthly. Like society is, I know some
might not see it worth, but that is expected, though I am sure all of us here
have at one time been hit hard financially, especially as regards meeting
health bills. Many of us lack health insurance with insurance companies because we
cannot pay the required mandatory monthly premium. But look at this, you are
paying a daily premium of only 1000 shs a day, a premium that will bring in
income and help you and your offspring get medical treatment for life. I
will give an example of how Ubuntu has helped out members here and there, but
this is just a small fraction of this lot. The Ubuntu aim is muno mu kabbi. But
as a whole, MMC, we can have something big for our future and posterity.
We surely
have people we can trust financially who can open an account as we start Jan
2021, then after all documentation etc, the money is put on the MMC HOSPITAL ACCOUNT.
LET US THINK BIG.
TETULI BAAVU, EMITWE GYAFE GYEMYAVU.
Yours
ICHULI PT 1
THE CONSTITUTION
THE CONSTITUTION
OF
Nkozi Mitala Maria Elites Initiative
(NKOMEI)
FEBRUARY 2021
CONSTITUTION OF MMC INVESTMENT GROUP (NKOMEI) ARRANGEMENT OF ARTICLES
CONSTITUTION OF
Nkozi Mitala Maria Elites Initiative (NKOMEI)
ARRANGEMENT OF ARTICLES
1.0 THE ORGANISTION
1.1 Name.
1.2 Nature of association(group).
1.3 Registered Office
2.0 PURPOSE.
3.0 OBJECTIVES.
4.0 POWER.
5.0 MEMBERSHIP.
5.1 Rights and obligations of members
5.2 Suspension and termination of membership
6.0 STRUCTURE OF THE ORGANISTION
6.1 GENERAL ASSEMBLY
6.1.1 Meetings of the General Assembly.
6.1.2 Annual General Meeting.
6.1.3 Other General Meeting.
6.1.4 Quorum.
6.1.5 Resolution and Voting.
6.1.6 Minutes.
6.1.7 Powers of General Meeting.
6.1.8 Notices.
6.2 The Board of Directors.
6.2.1 Board of Directors.
6.2.2 Appointment and term of Office of Members of Board.
6.2.3 Vacation of Office of Board member.
6.2.4 Meetings of Board of Directors.
6.2.5 Indemnity of members of Board.
6.2.6 Foundation of Board.
6.2.7 Duties of Office bearers.
6.2.8 Committees of Board.
6.3 SECRETARIAT
6.3.1 Executive Director.
6.3.2 Functions of Executive Director.
6.3.3 Tenure of Office of Executive Director.
6.3.4 Other staff of association(group).
6.3.5 Consultants, experts and volunteers.
7.0 FINANCES
7.1 Funds of the association(group).
7.2 Bank Account.
7.3 Signatories.
7.4 Investment of surplus funds.
7.5 Financial year.
7.6 Financial records and books of account.
7.7 Annual report and annual financial statements.
7.8 Audit.
8.0 INCOME AND PROPERTY OF ORGANISTION.
9.0 INDEMNITY.
10.0 DISPUTES.
11.0 AMENDMENTS TO THE CONSTITUTION AND DISSOLUTION.
1.0 THE ORGANISATION
1.1 The name of the association(group) is
Nkozi Mitala Maria Elites Initiative (NKOMEI) hereinafter referred to as the association(group).
1.2 The nature of the Association(group) shall be non-partisan and non-religious denominational and shall undertake activities and efforts that may be either for profit or not but shall always be for the betterment of it’s members, the community and fostering fraternity among it’s members.
1.3 The principal registered office for NKOMEI will be located in ……………………………………………………………………………. in the republic of Uganda but subsidiary offices may be opened and registered nationally and internationally
2.0 PURPOSE.
2.1 The overall purpose of the association(group) is to establish an association of members as a vehicle for saving, investment, charity undertakings, personal and community development; through fellowship, capacity building / training, crowdsourcing and alternative financing.
3.0 OBJECTIVES OF THE ORGANISATION.
3.1 To foster a vehicle for mobilization of members and other partners to undertake beneficial activities that may be of positive economic or social impact to people especially through their membership with the association(group).
3.2 Strengthening the association through capacity building, training and workshops to members for their personal development and overall community development.
3.3 To provide tailor made sustainable and friendly alternative financing mechanisms to members or associational undertakings through fellowship.
3.4 Providing assistance to our business community through business training and advisory service under them.
3.5 To mobilize monetary or real resources/estate locally and internationally for the benefit of promoting the activities of the association and members individually.
3.6 Assisting members to develop positive life skills that can help them manage and live their lives responsibly through a series of trainings and activities.
3.7 To use the association’s activities as an entry point to further or promote local enterprise including investing resources in local industry for basic and general economic growth in Uganda.
3.8 To contribute to the fight against poverty in Uganda through trainings and various activities that stimulate critical and creative thinking skills hence helping them identify and exploit opportunities within their reach.
3.9 To contribute to the national objectives of promoting unity in the country through organizing, trainings.
4.0 POWERS.
4.1 In furtherance of its objectives as stated in this Constitution the Association(group), acting through its board of directors, or at a general meeting of the General Assembly, shall have all the powers necessary for it to carry out its stated objectives effectively.
4.2 The power shall include, but not be limited to the following-
4.2.1 Employ staff and hire professional and other services;
4.2.2 Institute or defend any legal or arbitration proceedings and to settle any claims made by or against the Association(group);
4.2.3 Open and operate accounts with licensed banks;
4.2.4 Invest the funds of the Association(group) not immediately required for use by the Association(group), vary investments and re-invest the proceeds of such investments;
4.2.5 Accept and collect grants, donation and contributions made to the Association(group);
4.2.6 Purchase or acquire property and assets, and to maintain, manage, develop, exchange, lease, sell or in any way deal with the property and assets of the Association(group);
4.2.7 Borrow and use the property or assets of the Association(group) as security for borrowing;
4.2.8 Source for funding through various means including writing funding proposals, organizing fundraising activities and initiating income generating projects;
4.2.9 Establish such committees or other organs as the Association(group) may deem necessary to facilitate credible management and administration of the association(group);
4.2.10 Set up policies, systems, regulations, guidelines, manuals and framework necessary for the proper management and administration of the Association(group);
4.2.11 Prepare publicity and advertising materials, videos, films, photographs, press, articles, publications, exhibitions, radio talk shows, lectures, functions or entertainment activities designed to promote interest in the Association(group)’s objectives;
4.2.12 Co-operate and work in collaboration with Government, local authorities, donors and other Association(group)s;
4.2.13 Promote or assist in the promotion of any Association(group) or entity having objectives similar to those of the Association(group) as the Board may deem necessary; and
4.2.14 Do all such things as are incidental or conducive to the attainment of the objectives of the association(group).
5.0 MEMBERSHIP.
1. The initial members of the association(group) are the founder members of the association(group) who have subscribed to this Constitution and further listed in a membership schedule hereto attached.
2. The Board of directors may admit further members from time to time subject to due compliance with any conditions of membership including subscribing to the objectives of the association(group) and payment of any prescribed membership fees.
3. Members shall be expected to contribute a weekly payment of …………………………….. to be paid directly at the organization offices or through it’s bank accounts which shall be termed as “Kameeza”. For the purpose of registration of this association, the members shall be expected to contribute the kameeza at the time of signing this constitution.
4. There shall be two categories of membership; (1) Full Members and (2) Honorary Members.
Honorary members shall have no voting rights at General meetings of the association(group); in all other aspects, they have the same rights as full members.
5. An application to become a member of the association(group) shall be by subscription upon payment of a fee to be established by the association(group) and varied from time to time in periodical board meetings as may require. On receipt of such applications and prospective member’s details, subsequent approval by the Board, the Executive Director shall confirm admission to the applicant and other members shall be informed therafter.
5.1 Rights and obligation of members
(1) Every member of the association(group) has the following rights-
(a) The right to vote;
(b) To participate in the Annual and other General meetings of the General Assembly;
(c) To be heard and to make any proposals during the General Assembly; and
(d) To participate in the activities of the association(group).
(e) To enjoy equally all the benfits so accruing by virtue of membership to the association.
(2) Every member of the association(group) has the following obligations-
(a) To promote the objectives of the association(group);
(b) To participate in the activities of the association(group);
(c) To protect the assets of the association(group);
(d) To pay membership and annual subscription fees and periodical savings as may from time to time be prescribed by the association;
(e) To abide by the resolutions passed by the executive commitees of the association.
5.2 Suspension and termination of membership
(1) The Board of Directors may suspend or terminate the membership of any member provided that-
(a) For only sound reason upon atleast 14 days prior written notice being given to all members of the Board of Directors of the intention to terminate the membership; and
(b) At least 14 days prior written notice is given to the member concerned. The notice shall invite the member to make written or verbal representations to the meeting as the member may consider appropriate.
(c) The decision of the Board of Directors to admit an applicant to membership, or to suspend or terminate a member shall lapse unless confirmed by a resolution of two thirds of the members of the association(group) present at the next General Meeting.
(2) A member may be suspended by the Board of Directors on the following grounds-
(a) If a member persistently violates the policies or Code of Conduct of the association(group);
(b) If a member engages in acts which are detrimental or prejudicial to the to the good name and interests of the association(group).
(c) If a member tries to deter the association(group) from achieving its objectives; or
(d) If a member becomes subversive towards the objectives and activities of the association(group).
(e) If a member defaults on compulsory contributions on more than two occasions.
(3) A person shall lose his or her membership on the following grounds-
(a) Upon death of a member
(b) Resignation ;
(c) Upon recommendation for termination by board of directors for a stated cause;
(d) Upon conviction of an offence involving fraud, dishonesty or such offence of moral turpitude;
(4) A member who wishes to resign as a member from the Association(group)s shall notify the secretariat and the Board with reasons in writing at least one month before the intended resignation.
6.0 STRUCTURE OF THE INITIATIVE
6.1 GENERAL ASSEMBLY
1. The General Assembly (GA) shall be composed of fully paid up members and is the supreme policy and decision making organ of the Association(group).
2. The functions of the General Assembly are-
(a) To draw up the general policy framework of the association(group);
(b) To adapt the Annual Report of the Association(group);
(c) To consider the Annual Financial Statements and Reports;
(d) To appoint persons to serve on the Board of Directors;
(e) To appoint auditor(s) of the association(group);
(f) To receive and approve planned activities and work programmes for the ensuring year;
(g) To receive and approve the minutes of the previous Annual General Meeting and General Meetings, if any;
(h) To approve or disapprove any appointment made by the Board of Directors to offices in the Association(group); and
(i) To handle any other matters as may be considered appropriate.
6.1.1 Meetings of the General Assembly.
6.1.1.1 Annual General Meeting.
1. An Annual General Meeting of the General Assembly shall be held within a period of 15 months of the adoption of this Constitution. Subsequent Annual General Meetings shall be held within 3 months of the end of each financial year.
2. Annual General Meetings shall be convened by the Chairperson on not less than 21 days prior written notice to all members entitled to attend the meeting. This notice shall state the date, time and place of the meeting and in broad terms the business to be transacted at the meeting.
6.1.1.2 Other General Meetings
1. Other General Meetings of the General Assembly Association(group) shall be convened at any time by the Chairperson or at the written request of the Board of Directors or one quarter of the members of the Association(group).
2. Any General Meeting other than the Annual General meeting shall be convened on not less than 14 days written notice to all members. The notice shall state the date, time and place of the meeting and in broad terms the business to be transacted at the meeting: provided that: should the Chairperson, having been requested to give such notice, fail to give it within 7 days of the request, the persons requesting the meeting shall be entitled themselves to give notice of and to convene the meeting.
6.1.1.3 Quorum.
1. The quorum at the Annual General Meeting or other General Meeting of the General Assembly Association(group) shall be one quarter of the voting members of the association(group). A member of the association(group) who is not present in person at venue of the meeting but who is logged on the internet to participate in the meeting online shall be deemed to be present at the meeting. The association(group) shall develop guidelines for the participation of members in meetings on the internet/ phone.
2. Where any General Meeting has been properly convened but quorum is not realized, the meeting shall stand adjourned to another date, which shall be within 7 days thereafter. The notice of the adjournment shall be given to the persons and in the manner provided for in this Constitution. At such reconvened General Meeting the members then present or represented shall be deemed to constitute a quorum.
6.1.1.4 Resolution and Voting.
1. At all General Meetings, a resolution put to the vote shall be decided by means of a show of hands or by ballot or by any other means that take into account the vote of a member who intends to vote online. A vote by ballot shall be held only if demanded by the Chairperson or not less than one third of the persons voting in person or by proxy. The result of the vote shall be the resolution of the meeting. The Association(group) shall develop guidelines for voting on the internet/ phone.
2. Each member present in person or represented at such meeting shall be entitled to one vote.
3. Questions arising shall be decided by a majority votes. Should there be an equality of votes the Chairperson shall have a casting or second vote.
6.1.1.5 Minutes
Proper minutes shall be kept of the proceedings of all General Meetings,, and a record of the persons present in person or online at each meeting. The minutes shall be signed by the chairperson of the meeting, and shall be available for inspection or copying by any member on two day’s notice to the Secretary or his or her deputy.
6.1.1.6 Powers of General Meeting.
1. Subject to paragraph 2 of 6.1.1.3, a duly convened General Meeting of the Association(group), at which a quorum is present, is competent to carry out all the objectives and to exercise all the powers of the Association(group) as set out in this Constitution.
2. In a General Meeting, the Association(group) may review, approve or amend any decision taken by the Board of Directors but no such resolution of the Association(group) shall invalidate any prior action taken by the Board of Directors in accordance with the provisions of this Constitution.
6.1.1.7 Notices.
1. Notice of all meetings provide for in this constitution, shall be delivered personally, or sent by prepaid post, to the last address notified by each person concerned to the Association(group), or in any other manner as the Board of Directors may decide from time to time.
2. The accidental omission to address notice/s to any person shall not invalidate the proceedings of any meeting.
3. If posted, notices shall be deemed to have been received 7 days after posting.
6.2 The Board of Directors
6.2.1 Board of Directors.
1. There shall be a Board of Directors, which shall
6.2.2 Appointment and term of office of members of Board
1. The members of the first Board of Directors shall be appointed at the General Meeting at which this Constitution is adopted, and shall hold office until the first Annual General Meeting after such appointment, when all of the members shall resign.
2. At the first Annual General Meeting, a new Board of Directors shall be appointed. A member of the first Board of directors is eligible for reappointment as board member at the first Annual General Meeting.
3. A Board Member shall be appointed to serve for a term of three years and is eligible for reappointment for another term of three years. A member of the Board who has served for two consecutive terms (six continuous years) may be re-appointed to the Board after a break of at least three years.
4. In the interest maintaining institutional knowledge, at no time shall more than three quarters of the members of the Board retire shall be decided by a simple “YES” or “NO” ballot.
5. Balloting for retirement shall be conducted at least one Board meeting before the meeting at which the retiring Board Member(s) shall cease to hold office.
6. The Board shall cause proper and timely arrangements to be in place for the replacement of its retiring Board members.
6.2.3 Vacation of office of Board member.
1. The office of a member of the Board of Directors shall be vacated if a member:
(a) Resigns; or
(b ) Becomes unfit or incapable of acting as such; or
(c)Would be disqualified, in terms of the Companies Act or equivalent legislation, from acting as a Director of a company; or
(d ) Is removed by the Board of Directors falls vacant, the Board of Directors, may by resolution adopted by at least three-quarters of the members of the Board.
2. Where a position on the Board of Directors falls vacant, the Board of Directors, may by resolution adopted by at least two-thirds of its members, co-opt a member to fill the vacancy. The office of any person so co-opted as member of the Board of Directors shall lapse unless confirmed by resolution of members at the next General Meeting.
6.2.4 Meetings of Board of Directors
1. The Board of Directors shall conduct its meetings and regulate its proceedings as it finds convenient, as long as it follows the rules specified in this sub article.
2. The Chairperson shall convene a meeting of the Board of Directors at least once in every three months. The chairperson shall also convene a meeting of the Board at the written request of any two members of the Board of Directors and may convene such a meeting at any other time.
3. The Chairperson, or in his or her absence, the Vice-Chairperson, shall chair all meetings of the Board of Directors which he or she attends. In the absence of the Chairperson and the Vice-Chairperson, the remaining members of the Board of Directors shall elect a chairperson from those attending.
4. The quorum necessary for the transaction of any business by the Board of Directors shall be five members of the Board of Directors. A member of the Board of Directors who is not present in person at the venue of the meeting but who is logged on the internet/phone to participate in the meeting shall be deemed to be present at the meeting. The association(group) shall develop guidelines for the participation of Board members in meetings on the internet/phone.
5. At meetings of the Board of Directors each member shall have one vote. The Association(group) shall develop guidelines for voting of Board members on the internet/phone.
6. Questions arising shall be decided by a majority of votes. Where there is an equality of votes, the Chairperson shall have a casting or second vote.
7. Proper minutes shall be kept of the proceedings of the Board of Directors, and a record of the persons present at each meeting in person or online. The minutes shall be signed by the member who chairs the meeting, and shall be available at all times for inspection or copying by any member of the Board of Directors and by any member of the Association(group).
8. A resolution signed by all members of the Board of Directors shall be as valid as if passed at a duly convened meeting of the Board of Directors.
9. The Board of Directors may delegate any of its powers to any of its members, or to a special purpose committee. A member or committee to whom such delegation is made shall conform to any regulation and procedures that may be stipulated by Board of Directors from time to time.
6.2.5 Indemnity of members of Board.
The Chairperson and the members of the Board are entitled to compensation for services rendered to the Board. A Board member may be reimbursed such costs and expenses incurred in carrying out the functions of the Association(group).
6.2.6 Functions of Board.
1. Subject to the provisions of this Constitution and to the resolutions of members in a general Meeting, the Board of Directors may exercise all the powers of the Association(group).
2. The Board is responsible for the general direction and supervision of the association(group) and shall, in a particular-
(a) Oversee the operations of the association(group);
(b) Provide overall guidance and supervision to the secretariat;
(c) Raise finances for the association(group);
(d) Review and approve the strategic plans and operating plans, budgets, reports and audited financial statements of the association(group);
(e) Determine the objectives and general performance of the association(group) as set out in the strategic plan, annual plan and other plans of the association(group);
(f) Appoint the Executive Director and other officers and employees of the secretariat as it may consider necessary from time to time upon such terms and conditions as it may consider appropriate;
(g) Establish and approve rules and procedures for appointment, promotion, termination, discipline, and terms and conditions of service of the staff of the association(group);
(h) Provide guidance to the Executive Director and staff of the association(group);
(i) Review the management of the association(group); and
(j) Perform any other function which may be necessary for the proper implementation of the objectives of the association(group).
6.2.7 Duties of office bearers
The duties of the office bearers are as follows-
1. Chairperson.
The chairperson shall be head of the association(group) and shall preside over all General meetings and Board of Directors meetings. He shall ensure that the board implements all resolutions of the association(group) and be generally charged with ensuring the efficient and smooth running of the association(group) and implementation of its objectives, policies and programmes.
2. Vice-chairperson.
The vice-chairperson shall deputize for the chairperson. The vice-chairperson shall, in the absence or disability of the Chairperson, perform the duties and exercise the powers of the chairperson.
3. Treasurer
The treasurer shall collect, safeguard, disburse and make periodic reports of all funds collected in the name of the association(group) and shall be the principal signatory to the accounts of the association(group).
4. Secretary.
The secretary shall keep attendance records and record the proceedings of all meetings, maintain adequate records of all activities of the association(group), and conduct such official correspondence as shall be required.
5. Other Board members
The other members of the board of Directors shall give advice and support generally to the Board.
6.2.8 Committees of Board
The Board may appoint committees the Board to inquire into the advise the Board on any matter concerning the functions of the association(group) as the Board may refer to the committee.
6.3 SECRETARIAT
1. The secretariat shall comprise of the Executive Director as the Chief Executive Officer of the Association(group), other staff and volunteers of the association(group).
2. The internal management and staffing structure of the secretariat shall be determined by the Board of Directors.
3. The functions of the secretariat are-
(a) To implement the plans, programmes and activities of association(group) and generally carry out day –to-day activities of the association(group).
(b) To make work plans and draw programmes for the association(group);
(c) To prepare budgets and books of accounts for the association(group);
(d) To prepare for the meetings of the General Assembly and meetings of the Board of Directors;
(e) To keep proper minutes of the meetings of the General Assembly and the Board;
(f) To propose policies and plans of action to the Board and the General Assembly;
(g) To identify human resource gaps in the association(group) and o the Board to make a decision;
(h) To perform any other function as may be assigned to it by the Board of Director.
6.3.1 Executive Director
1. The Board of Directors shall appoint an Executive Director on terms and conditions specified in his or her instrument of appointment.
2. The Executive Director shall be the head of the secretariat.
3. The Executive Director may not engage in paid employment outside the duties of his or her office, except with the written approval of the board.
4. The Executive Director shall be a person of high moral character and proven integrity, with the relevant experience relating to the functions of the association(group).
6.3.2Functions of Executive Director
1. The Executive Director is responsible for the day-to-day operations and administration of the secretariat
2. The Executive Director shall be subject to the general supervision and control of the Board, and in particular, shall be responsible-
(a) The implementation of the policies and programmes of the association(group) and reporting on them to the Board;
(b) The proper management of the funds and property of the association(group);
(c) The association(group) and control of the staff of the association(group);
(d) The development of an operating to guide the association(group) in achieving its objectives;
(f) The development of an economic, efficient and cost effective internal management structure;
(g) Proposing and implementing the strategic plan and annual of the association(group);
(h) Ensuring that the policies of the association(group) are implemented and that the agreed objectives and targets are met;
(i) Performing any other duty necessary for the implementation of the objectives of the association(group) as may be assigned to him or her by the Board.
(3) The Executive Director is in the performance of his or her functions,
answerable to the Board.
6.3.3 Tenure of the office of Executive Director
1. The Executive Director shall hold office for four years and is eligible for re-appointment for one more term.
2. The Executive Director shall cease to hold office if-
(a) He or she resigns;
(b) He or she is declared or becomes bankrupt or insolvent or has made an arrangement with his or her creditors;
(c)He or she is convicted of a criminal offence, in Uganda or elsewhere, involving fraud;
(d) He or she is removed from office by the Board for-
(i) Inability to perform the functions of his or her office arising from infirmity of body or mind;
(ii) Misbehavior or misconduct;
(iii) Incompetence
6.3.4 Other staff of association(group).
1. The Board may, on the advice of the Executive Director, appoint other staff of the association(group) as may be necessary for the proper and efficient performance of the functions of the association(group).
2. The employees shall hold office on such terms and conditions as may be determined by the Board and specified in their instruments of appointment
3. The Board shall regulate the manner of appointment, terms and conditions of service and the discipline of the staff of the association(group).
6.3.5 Consultants, experts and volunteers
1. The Executive Director may in consultation with the Board, engage such consultants and experts as he or she may require for the efficient implementation of the objectives of the association(group).
2. The Board may engage consultants and experts to serve as individual expert advisers or as members of a committee of the Board, as may be useful and appropriate for the Board to discharge its responsibilities.
3. The Executive Director may, as and when the need arises, recruit volunteers to assist the Executive Director and the staff of the association(group) in implementing the objectives of the association(group).
7.0 FINANCES.
7.1 Funds of the association(group).
The funds of the association(group) shall consist of –
(a) Membership subscriptions;
(b) Grants, gifts or donations;
(c) Proceeds from fundraising activities of the association(group);
(d) Proceeds from investments of the association(group);
(e) Fees for indentified services provided by the association(group);
(d) Any other funds received by the association(group) in the implementation of its objectives and performance of its functions.
7.2. Bank Account
The Board of Directors shall open and maintain a bank account or accounts in the name of the Association(group) with a licensed bank. The Executive Director and the Treasurer shall ensure that all monies received by the Association(group) are deposited in the bank account as soon as possible after receipt.
7.3 Signatories.
All cheques, promissory notes and other documents requiring signature on behalf of the Association(group) shall be signed by the Treasurer as the principal signatory, the Executive Director and one other member of the Board of Directors.
7.4 Investment of surplus funds
Any funds of the association(group) not immediately required for any purpose may be invested in a manner, which the Board of Directors determine.
7.5 Financial year.
The financial year of the association(group) is the period of twelve months beginning on the 1st day of July in each year, and ending on the 30th day of June in the next calendar year.
7.6 Financial records and books of accounts
The Board of Directors shall ensure that the association(group) keeps proper records and books of account which fairly reflect the affairs of the association(group).
7.7 Annual report and annual financial statements.
1. The Board of Directors shall ensure that the Secretariat prepares an annual report describing the activities of the association(group) and an annual financial year. The Annual Financial Statements shall conform to generally accepted accounting principles and shall include a statement of income and expenditure and a balance sheet of assets and liabilities.
2. A copy of the Annual Financial Statements and annual report shall be made available to all members as soon as possible after the close of the financial year.
7.8 Audit
1. An auditor appointed by the association(group) at the Annual General Meeting shall, in each financial year, audit the books of account and annual financial statements of the association(group).
2. The Auditor shall have access to all books of accounts, vouchers and other records of the association(group) and is entitled to any information and explanation required in relation to those records.
8.0 INCOME AND PROPERTY OF ORGANISATION
The income and property of the association(group) shall be used solely for the promotion of its stated objectives. The members and the office-bearers shall have no rights to the property or other assets of the association(group) solely by virtue of them being members or office-bearers. No portion of the income of the income or property of the Association(group) shall be paid or distributed directly or indirectly to any person or to any member of the Association(group) or Board of Directors, except as;
1. prescribed by the association under the dividend and remuneration schedules that shall hereafter be made and from time to time varied by the association by way of vote of 2/3 of the members as presented by the board in the inaugural annual general meeting.
2. Reasonable compensation for services actually rendered to the Association(group);
3. Reimbursement of actual costs or expenses reasonably incurred on behalf of the Association(group).
4. Payments for assets or such purchases made by the organization.
5. approved yearly programs and undertakings by the organization.
9.0 INDEMNITY
1. Subject to the provision of any relevant statute, members of the Board of Directors and other office bearers shall be indemnified by the Association(group) for all acts done by them in good faith on its behalf. It shall be the duty of the Association(group) to pay all costs and expenses which any such person incurs or becomes liable for as a result of any contract entered into, or act done by him or her, in his or her said capacity, in the discharge, in good faith, of his or her duties on behalf of the association(group).
2. Subject to the provisions of any relevant statute, no member of the Board of Directors or other office bearer of the association(group) shall be liable for the acts, receipts, neglects or defaults of any other member or office bearer, or for any loss, damage or expense suffered by the association(group), which occurs in the execution of the duties of his or her dishonesty, or failure to exercise the degree of care, diligence and skill required by law.
10.0. DISPUTES
1. In the event of serious disagreement between the members of the Board of Directors or between the members of the Board of Directors and the other members of the association(group) regarding the interpretation of this constitution, or in relation to any other matter affecting the running of the association(group) , attempt shall be made to resolve the dispute amicably.
2. Where amicable settlement of a dispute fails, the Board of Directors shall refer the matter to arbitration and the arbitration shall be handled in accordance with the Arbitration and Conciliation Act, chapter 4 of the Laws of Uganda.
11.0 AMENDMENTS TO THE CONSTITUTION AND DISSOLUTION.
1. Subject to the provisions of the Companies Act, Chapter 110 as Amended, and the Non-Government Association(group)s Registration Act, Chapter 113 of the Laws of Uganda, any provision of this Constitution may be amended, the name of the association(group) may be dissolved by the resolution of two thirds of the members present in person or participating online at a General Meeting: provided that proper notice of the meeting is given not less than 30 days prior to the date of the meeting and such notice states the nature of the resolution to be proposed.
2. Upon the dissolution of the association(group), after the debts and commitments have been paid, any remaining assets shall be paid to or distributed amongst members, including by transfer by donation to some other non-profit association(group) which the Board of Directors considers appropriate and which has objectives of the association(group).
The constitution was subscribed by the following members on the ……… day of …….
20……..
NAME ADDRESS SIGNATURE
1……………………………………………………………………………………………………………………………..
2……………………………………………………………………………………………………………………………..
3…………………………………………………………………………………………………………………………..
4…………………………………………………………………………………………………………………………..
WITNESS TO THE ABOVE SIGNATURES.
Name ………………………………………………
Address ……………………………………………
Occupation…………………………………………
Date …………………………………………………
Drawn by:
Crane Associated Ad
TRUST DEED
TRUST
DEED
Drawn
by;
Crane Associated Advocates
P.O.BOX 111145
Kampala
Plot 45, Prince Charles Drive
Kololo, Kampala
DEED OF TRUST
Made on this the 16th
day of JANUARY, in the year 2021
Pursuant to the aspirations of the
association of MMC old students , passed in the Extra Ordinary General Meeting
of MMC MEMORIAL HOSPITAL TRUST, allowing the trustees of MMC MEMORIAL HOSPITAL
TRUST to draw a deed of trust.
TRUST NAME
We……………………………… (the “Grantors”), of __________,
__________, by consensus and of sound mind and legal age, and not under undue
influence or stress, do hereby create this irrevocable Living Trust, to be
known as “The __________ and __________ irrevocable Living Trust” (this
“Trust”).
LIST OF
TRUSTEES/GRANTORS/SETTLORS/ BENEFICIARIES
The founding initial trustees shall
be as below listed who shall constitute the first board of trustees
1.
2.
3.
4.
5.
6.
7.
8.
9.
All are resident at ………………………………………………….hereinafter
collectively referred to as the Trustees” and each one of them for the time
being and from time to time appointed and/or holding office under these
presents and their survivor or successor or successors in office of the OTHER
PART.
The list at time of execution of
this trust deed of the members / settlers of the trust who are the very
beneficiaries of this trust is as listed in Schedule E to this trust deed.
WHEREAS
THE SETTLORS are
desirous of establishing a trust Fund with the aforesaid Trustees chosen from among all the grantors/
beneficiaries of this trust as the First
trustees for the objects hereinafter mentioned and for the benefits of the settlors
who are the beneficiaries of this trust.
It is hereby resolved that at the
time of making this deed and establishment of the trust deed, that each member
or beneficiary pay a sum for subscription to this trust or as referred to as a settlement
of ……………………………………………………only) to be maintained by the board of trustees and
which shall be put into establishment of this trust and initial undertakings of
this trust towards attainment of it’s objects.
AND
WHEREAS the TRUSTEES at the request of the SETTLORS have agreed to act as the TRUSTEES.
NOW THIS
INDENTURE WITHESSTH AS FOLLOWS:-
In order to effectuate the said
desire, the SETTLORS/GRANTORS do hereby settle and make over unto the Trustees
the Sum of Shs………………………………………………………………… to have and to hold the same and the
investment for the time being representing the same and other sums of properties
that may from time to time form part of the Trust Fund property and the income,
benefits and receipts therefrom unto the Trustees upon the Trust, and with and
subject to the powers, provisions and declarations hereinafter contained and
concerning the same , which are as follows:-
NAME
1.
The name of the TRUST shall be “MMC MEMORIAL HOSPITAL TRUST.
OBJECTS
2. The objects for which the Trust
fund is to establish a hospital known as the MMC Memorial Hospital, and such
affiliate medical centers presently or future for such purposes:-
(a). To establish and maintain such
business undertakings either in the medical field nursing homes, maternity
homes, clinics, dispensaries, sanatoria and other establishment for giving
medical relief otherwise for the benefit of the trust, the maintenance and
development of the assets of the grantors who shall be the sole beneficiaries of
the trust unless by operation of survivorship.
(b) . During the lifetime of the Grantors /
Beneficiaries, the Trustees as a board of trustees, as defined herein, shall
manage this Trust with the interests and well-being of the Grantors in mind. Therefore,
the primary goal of the Trustee will be to protect the value of the Grantors'
assets and property and the secondary goal will be to grow and increase the
value of the Trust assets and property.
BOARD OF TRUSTEES
3.
The
Trust shall be administered by the Board of Trustees but shall not be less than
two and more than ten. But the maximum number of Board Trustees may be
increased by the consent of 2/3rd majority of the Board of Trustees.
The present Trustees shall be called “Nominated Trustees” and other Trustees shall
be
called “Appointed Trustees”.
Provided that any of the nominated trustee/trustees of the same trust holding
office such as the President, the Secretary, the treasurer of the MMC MEMORIAL
HOSPITAL TRUST, in such event he/they shall not be appointed as appointed
trustee/trustees and the vacancy/vacancies shall remain vacant.
3(a). The Chairperson, Secretary
and Treasurer of the MMC MEMORIAL HOSPITAL TRUST for the time being shall be
appointed by the Board of Trustees as “Appointed Trustees: of the Trust.
4. The nominated Trustees for the
time being shall be entitled to appoint such person / persons at their
discretion as appointed Trustee/Trustees, provided that at no time the total
number of the Trustees shall exceed Ten, but may be increased as per the
provisions of the clause 3.
5. The Trustees shall not function if
at any time their number is less than three save for the purpose of appointing
such number of Trustees as shall make up the deficiency.
6.
In
the event of nominated Trustee ceasing to be a Trustee, the remaining Trustees
shall be entitled to appoint any person of their choice to fill the vacancy.
Such a Trustee for all purpose shall be regarded as a Trustee nominated by the
Settlors/grantors of this trust. In all such matters recommendations of the MMC
MEMORIAL HOSPITAL TRUST shall be taken into consideration for appointment of
the trustee/trustees.
7. Before assuming office or taking
part in any Meeting a newly appointed Trustee shall give consent in writing to
act as such Trustee. A Trustee shall be deemed to have consented in case he attends
any Meeting of the Board of Trustees and sign the attendance book or does any
act as a Trustee after being so nominated or appointed.
8. Any Trustee may by two months
notice in writing to the Chairman or Secretary or all the other Trustees for
the time being, retire from the office of a Trustee or any office held by him
in respect of the Trust and on expiry of two months from the date of the
receipt of the notice he shall cease to be a Trustee or hold the office as
aforesaid.
9.
A person ceases to be a Trustee in
any of the following events:-
a)
If he dies;
b) If he without leave of absence of
the Board of Trustees does not attend three consecutive meetings of the Board
or for one calendar year whichever is longer;
c)
If he becomes insolvent;
d)
If he became insane or otherwise
incapable to act;
e)
If he retires; or
f)
If he goes permanently to reside
out of Uganda.
g) If one loses his/her membership
due to expulsion for undesirable activities from the MMC MEMORIAL HOSPITAL
TRUST.
10. The Board of Trustees shall have
the power to appoint such office bearer of the Trust, Viz. Chairman, Treasurer,
Secretary, etc. from amongst themselves and for such period as they may think
fit and proper and can at any time revoke such appointment and make any other
appointment.
TRUSTEES
A. The initial trustees will constitute a board
of trustees .
B. If a particular Trustee is unable or
unwilling to serve, the board of trustees may appoint an alternative trustee.
C. As used in this Trust, the term “Trustee”
includes all trustees and co-trustees, whether appointed now or hereafter
appointed.
E. All reasonable expenses properly incurred
by the Trustee in the management of this Trust shall be reimbursed to the
Trustees or paid out of the income or property of this Trust.
F. The Trustee shall not be required to furnish
a bond or other security for the faithful performance of his or her duties as
the Trustee.
TRUSTEE’S POWERS
A. The Trustees have only such power as given by
grantor to act on behalf of this Trust. This discretionary power must be
exercised in good faith and in accordance with the terms and purposes of this
Trust. The Trustee shall always act in best interests of this Trust.
B. The Trustee shall have all powers and
authority conferred to a trustee by the laws of the Republic of Uganda
governing this Trust.
C. The Trustee shall have all powers granted
under the Trustees Act CAP 164, as amended, EXCEPT the following powers:
CHANGE OF TRUSTEE
A. A Trustee may resign at any time by giving at
least 30 days’ notice to the Grantors and the co-trustees, if any.
B. The Trustee may be removed by the Grantors at
any time during the Grantors' lifetime by giving written notice to the Trustee
and the co-trustees, if any. The Trustee may also be removed by a court or
otherwise in accordance with applicable state laws.
BENEFITS/DISTRIBUTIONS DURING GRANTORS' LIFETIME
During the lifetime of the Grantors, the Trustee
shall distribute to the Grantors as much of the income or interest of this
Trust as requested by the Grantors, provided the Grantors are not incapacitated
and all subject to the adopted financial policy by the board of trustees. Such
policy shall be subject to a share basis as shall be enshrined in the financial
policy so adopted.
If Grantors are incapacitated, the trustee shall
distribute an amount that the Trustee determines is reasonable for the support
and maintenance of the Grantors.
DEMISE
A. If any beneficiary as named is no longer
living at the time of distribution of benefits and such benefits are left
unclaimed for 2 years, such benefits shall become part of the residual assets
of this Trust and be distributed with the remaining residual assets unless a
survivor of the deceased grantor makes claim of the same.
BENEFICIARIES
A. Any Trust Property not otherwise distributed
under the terms of this Trust or other residual assets of this Trust shall be
distributed as described in Schedule hereto.
B. Any beneficiary named in Schedule must
survive the Grantors by at least 30 days to receive the distribution of Trust
Property. If a beneficiary does not survive the Grantors by at least 30 days,
that beneficiary’s Trust Property shall become part of the residual assets of
this Trust.
C. If any Trust Property is left to two or more
beneficiaries, such beneficiaries share the distribution equally, unless stated
otherwise.
D. If any individual is not left property or is
otherwise omitted from this Trust, such omission is intentional.
MEETINGS
AND RESOLUTIONS OF THE TRUSTEES OR
BOARD OF TRUSTEES
1a) All meetings of the Board of
Trustees will be held at such place as the board of Trustees may from time to
time decide.
b) Notice
of the Meeting of the Trustees and all other communications may be sent to the
Trustees at their respective addresses registered for the time being in the
records of the Trust.
c) The
quorum of board of Trustees shall be of 1/3rd of the total Board of
Trustees in all the meetings of the Board of Trustees.
d) The
Secretary or the Chairman, or any three Trustees may by a notice in writing
convene a meeting of the Board of Trustees.
e) The Secretary or the Chairman
shall upon a requisition in writing signed by three of the trustees specifying
the object for which the meeting is to be convened, convene a meeting of the
Board of Trustees. If the Secretary or the Chairman fails to call such a
meeting within a fortnight from the date of service of such requisition, The
Trustees making such requisition may themselves convene a meeting of the Board
of Trustees within a month thereafter but no business other than what is
specified in the requisition shall be transacted at such meeting.
f) Seven
days notice shall be given for any meeting of the Trustees or Board of
Trustees. In case of emergency in the opinion of the Chairman or the Secretary,
a meeting may be held after giving 24 hours notice. Notice shall specify the
date, hour, place and agenda of the meeting.
g) The
Trustees shall hold at least 2(two) meetings of the Board of Trustees in a
given accounting period.
2
a) The Chairman of the Board will
preside over all the meeting of the Board. In the absence of the Chairman the
Trustees present will choose one from among them to preside at such meetings.
b) Every
Trustee shall have one vote in any meeting and the decision of the Board shall
be that of the majority of the members present. In case of equality of votes
the Chairman of the meeting shall have a second or casting vote.
c) A
minute Book shall be kept at the office of the Trust for time being or with
such Trustee or Trustees as the Board of Trustees may decide wherein shall be
recorded the proceedings of the meetings of the Board of Trustees and it shall
be open to the inspection of the Trustees or their authorized agents and representatives.
d) Resolutions
passed and entered in the Minute Book on any matter relating to the Trust shall
be conclusive evidence of the facts and matters duly noted therein.
TRUSTEES’ OFFICE AND VESTING OF PROPERTY FUND
1.a) The Funds and properties movable or immovable of the Trust shall vest in the Trustees holding office as such for the time being.
b) The Trustees will keep such sum of money as they consider proper in current or fixed deposit account in any of the scheduled Banks;
c) Any Trustees authorized by the Board of Trustees may jointly operate and/or close any account of the Trust with any or Bank or Bankers, withdraw interest or principal on any securities or any other investment made of the said funds, and to give receipts, releases and discharges of the same.
1.For the furtherance of the objects of the Trust, the Trustees will have the following powers:-
(a) The Trustees will be at liberty to invest the full of Trust fund or any portion thereof in manner provided hereby but shall be chargeable only for such Moneys, stocks, shares, Trustee shall be answerable or accountable for neglect, default, act or omission or commission or commissions of the other Trustees, nor of any banker or other person with whom the Trust properties or any securities may have been deposited or deposited or kept.
(b) The Trustees may accept any donation or contribution in Cash or kind from any person or persons for furtherance of the objects of the Trust or any one or more of them upon such terms and conditions if any as they may in their absolute discretion think fit, not inconsistent with the objects of the Trust.
(c) The Trustees may take over any literary, charitable, cultural, artistic or public charitable institution on such terms as they think fit and may manage such institution.
(d) The Trustees may invest the Trust Fund either in the purchase of immovable property, debentures, & fixed deposits with Banks, and/or in such investments as are authorized by the Trustees Act, on such terms as to interest as the Trustees may think proper with power to the Trustees to alter, vary or transpose such investments from time to time in such manner as they may in their absolute discretion think fit for others of the same or of like or different nature.
Provided, however, that the written consent of two third of the total number of Trustees for the time being shall be required to sell, mortgage or charge immoveable property belonging to the Trust.
Provided also that the corpus of the Trust may remain invested in shares of Companies or loans due from firm or firm’s individuals or Companies if the donation/subscription to the Trust has been made by the donor in the above form or forms.
(e) The Trustees may by the consent of two-third of the total number of trustees for the time being raise or borrow money required for the purpose of the trust on a mortgage or pledge of the Trust Estate or any part thereof with or without any security and at such rate of interest and on such terms as they shall in their absolute discretion think fit.
(f) The Trustee may demise the immoveable property or properties for the time being and from time to time belonging to the trust either from the year to year or for any less term or for any term of years or on monthly tenancies at such rate and subject to such covenants and terms as they think proper and also accept surrenders of leases and tenancies and generally manage the same in such manner as they think proper.
(g) The Trustees shall subject to the restrictions contained in sub-clause (15)(d) hereof be at liberty to sell the whole or such portion or portions of the moveable properties forming part of the Trust Estate either by a public auction or at prices and on such terms and conditions relating to title or otherwise in all respects as they may in their absolute discretion think fit and to rescind or very contract for the sale thereof and to re-sell the same without being answerable for any loss occasioned thereby and for that purpose to execute all necessary conveyances, transfers or other assurances for all moneys received by them.
(h) The Trustees may erect buildings, constructions and sheds of any sheds of any material or design and may enter into all contracts, execute all deeds and documents necessary for the same and otherwise.
(i) The Trustees may pay all charges and outgoings payable in respect of any immovable property for the time being forming part of the Trust Estate and may carry out repairs to be done to the same and keep the same insured against loss or damages by fire or any other type of insurances, risk and may incur on behalf of the TRUST and pay all other costs, charges and expenses of and incidental to the administration and management of the Trust Estate and the properties for the time being belonging to the Trust as they may in their absolute discretion think fit.
(j) The Trustees shall have full power to institute defend, prosecute, compromise or compound all actions, suits and other proceedings and all differences and disputes touching the Trust Estate and/or the Trust properties and to refer any such action suits proceeding and differences relating to the Trust Estate and /or the Trust Properties to arbitration and to do and execute all necessary acts, deeds and things in that connection without being liable or answerable for any loss occasioned thereby.
(k) The Trustees may frame schemes and rules and regulations including rules for election of Trustees and office-bearers, for the carrying out of the objects of the Trust (and for the carrying out of the objects of the Trust), and for the management and running of any institution established run or aided by them, for managing the affairs of the Trust and otherwise for giving effect to the objects and purposes of the Trust and to vary the same from time to time.
(l) The Trustees may appoint and dissolve committees or subcommittee and delegate such of its powers to the committees or sub-committees so appointed as they may in their sole discretion think fit. Persons who are not Trustees may also the members of such committees or sub-committees.
(m) The Trustees may employ servants , Agents , Attorneys, Lawyers, Auditors, Officers, Doctors, Nurses and Contractors and other staff for managing the affairs of and in furtherance of the objects of the TRUST and pay them such salaries, emoluments, bonus, annuity, wages and delegate to them such power or powers as the Trustees may in their sole discretion think fit.
(n) Any Trustee may subject to the approval of Board of Trustees delegate in writing all or any of the powers under these presents to his nominee who will be entitled to exercise such powers or powers in the same manner as the Trustee himself could do personally.
1. The receipt of the Secretary or Chairman of the Trust or any other person authorized by the Board of Trustees for any other persons authorized by the Board of Trustees for any moneys, stocks, funds shares, securities or investments paid delivered or transferred to them in execution of the Trust or power hereof shall effectually release and discharge the persons of persons paying, delivering or transferring the same there from and from seeing or from being bound to see to the application or being answerable for the loss or mis-application thereof.
ACCOUNTS
1. The Trustees shall cause true and accurate accounts to be kept of all moneys received and spent and all matters in respect thereof in course of management of Trust properties or in relation to the carrying out of the objects and purposes of the Trust as well as of all the assets, credits and effects of the Trust fund and draw the Receipts and Expenditure and other accounts and a balance sheet at the end of every year (to be decided by the Trustees) and cause the same to be audited by a Chartered Accountant.
ACCOUNTING YEAR:
The accounting year of the Trust shall be the year ending on 31st December i.e. 1st January of one year to the 31st December of the succeeding year unless changed by two-thirds majority.
REGISTERED OFFICE:
The registered office of the Trust shall be situated …………………………………………………………….. unless changed by the Board of Trustees by two-thirds majority.
WINDING UP:
The Trustees may by an unanimous vote of the Trustees for the time being and also with the written consent of the founders, wind-up the Trust in accordance with law and on such winding up may hand over the property or assets to the grantors or beneficiaries and incomes derived in such share manner pursuant to distribution of benefits per the trust financial policy but the consent of at least 1/3 of the members/ beneficiaries shall be a must.
GENERALS:
The Trust created hereby is irrevocable
It is expressly declared that no part of the Trust property or its income shall be applied out of Uganda or for any purpose which is not pursuant to this trust deed or founded in law and all provisions hereof shall be construed accordingly.
LEGAL
The Trust shall sue and be sued in the name of its Chairperson.
MISCELLANEOUS
A. All transfers or distributions to minors made under this Trust are subject to the law.
B. All Trust Property will pass to the designated beneficiary subject to any mortgage, encumbrance or lien on such Trust Property. The beneficiary shall not be entitled to additional payment from this Trust to cover such mortgage, encumbrance or lien.
C. If the income or principal of the Trust Property is insufficient to satisfy the distributions as prescribed in this Trust, the Trustee shall, in his or her sole discretion, determine the priority and order of distributions.
D. The Trustee shall provide an accounting to the beneficiaries on an annual basis or as otherwise required by law detailing all income, payments and other transactions of this Trust.
E. If the Trustee determines that the income and/or principal of the Trust Property is de minimus or insufficient to justify the cost of administration, the Trustee, in his or her sole discretion, may terminate this Trust. Upon terminating this Trust, the Trustee shall distribute the proportionate shares of the Trust Property to the designated beneficiaries and relieved of his or her duties herein.
F. Except as otherwise provided herein or by law, no beneficiary’s interest under this Trust may be assigned, alienated, pledged, attached, or otherwise encumbered, including claims of creditors or claims for alimony or support, whether voluntary or involuntary, until final distribution of such interest has been made by the Trustee.
G. The Trustees may present a signed and notarized certificate or trust or abstract of trust as proof of the existence of this Trust and the facts stated in such certificate or abstract when necessary for conducting the business of this Trust.
H. Throughout this Trust, except where the context otherwise requires, the masculine gender shall be deemed to include the feminine and the neuter, and the singular number shall be deemed to include the plural, and vice versa.
I. The remaining provisions of this Trust continue to be in full force and effect if any provisions of this Trust are deemed unenforceable.
J. This Trust will be construed in accordance with the laws of the State of __________.
____________________________________
Member’s/ Grantor’s Signature
____________________________________
Member’s / Grantor’s Signature
SCHEDULE OF THE TRUST PROPERTY
MINUTES OF THE BOARD MEETING HELD AT HOTEL TRIANGLE ON 31ST January 2021.
IN THE BOARD METING HELD ON THE 31ST
JANUARY 2021, BOARD MEMBERS OF THE MMC HOSPITAL INITIATIVE DISCUSSED AND AGREED
TO SHARE THEIR DISCUSSION WITH THE STAKEHOLDERS.
1- Emphasis was put on the importance of a large
number of subscribers so as to realize this dream with a minimal financial
strain on members. Thus, members should
endeavor to pay in time)
2- We anticipate a minimum
of an acre of land with room for expansion. This should be especially in areas
affordable but with good accessibility.
3- First monies to be used
on basics eg ground work, so we have a clear picture of what we need to put in
place.
4- Need for paperwork, e.g.
Constitution and registration. Chairperson volunteered to engage lawyers for
the paperwork to be finished in two weeks’
time. (it requires legal input but the chairman volunteered to meet all the
costs within a fortnight will be presented)
5- How long the project last
will largely depend on the financial cooperation of the members in relation to
the financial projections of the accomplishment of the hospital. (project to
start immediately with available funds if members comply )
6- Though being a general
hospital, there is need to look at an area of specialization just like the cancer
institute or corsu for pediatrics.
7- Treasurer needs a smart
phone for the project. This is to enable her make better records using the
Airtel and Mtn apps. Any volunteer is welcome.
8- The board requests any
member with architectural knowledge to help with architectural designs. This is
to help minimize costs. (Architects who
are willing to give a hand in designing should inbox the chairman).
The committee is committed to making ends meet
at whatever cost with your financial input.
Thanks.