The Constitution

of the

Antigua & Barbuda Association of Persons with Disabilities

Certificate of Incorporation

Saturday, March 22, 2008

ANTIGUA AND BARBUDA

COMPANIES ACT NO. 18 OF 1995

CERTIFICATE OF INCORPORATION

NON-PROFIT COMPANY

ANTIGUA & BARBUDA ASSOCIATION OF PERSONS WITH DISABILITIES

Name of Company

I hereby certify that the above-mentioned Company, the Articles of Incorporation of which are attached, was incorporated under the Companies Act of Antigua and Barbuda.

Registrar of Companies

29^th April, 1996

Date of Incorporation

Articles of Incorporation

ANTIGUA AND BARBUDA

COMPANIES ACT NO. 18 OF 1995

(Sections 5 and 329)

ARTICLES OF INCORPORATION

NON-PROFIT COMPANY

Company Name

1. Name of Company: ANTIGUA & BARBUDA ASSOCIATION OF PERSONS WITH DISABILITIES

Registration No.

Share Capital

2. The Company has no authorised share capital, is to be carried on without pecuniary gain to its members, and any profits or other accretions to the assets of the Company are to be used in furthering its undertaking.

3. Restrictions on the undertaking that the Company may carry on:

AIMS AND OBJECTS WHICH ARE NOT INCONSISTENT WITH THE PROVISIONS OF CLAUSE 6 HEREIN

MAXIMUM 7

POTTERS VILLAGE, ST. JOHN'S, ANTIGUA, W.I.

The Company will be operated in a manner consistent with the following specifications:

(1) To take action throughout Antigua & Barbuda to raise awareness about persons with disabilities, their rights, their needs, their potential and their contribution and to foster in the society the recognition of these rights as embodied in the United Nations Declaration of the Rights of Disabled Persons.

(2) To use all methods necessary to enable the society as a whole to recognise that disability has too long been viewed as a problem of the individual and not the relationship between the individual and his or her environment, and in so doing to use the World Health Organization's definition to distinguish between the following:

(i) Impairment: Any loss or abnormality of psychological, physiological or anatomical structure or function;

(ii) Disability: Any restriction or lack (resulting from an impairment) of the ability to perform an activity in the manner or within the range considered normal for human beings.

(iii) Handicap: A disadvantage for a given individual, resulting from an impairment or disability, that limits or prevents the fulfillment of a role that is normal, depending on age, sex, social and cultural factors for that individual;

(3) To promote the right to full participation and equality, meaning the right of every person with a disability to share in the social life of the community in which he or she lives and enjoy living conditions equal to those of other citizens, including an equal share in the improvement in standards of living resulting from social and economic development.

(4) To have as a primary obligation the goal of making transportation, social and health services, educational and work opportunities, physical environment, housing cultural and social life, including sports and recreational facilities completely accessible to all.

(5) To promote a Centre for:

* Rehabilitation as a process aimed at enabling a person to reach an optimum physical, mental and/or social functioning level in order to provide that person with the tools to direct his/her own life;

* Orthopedic appliance and repair;

* Office and meeting room.

(6) To develop a database that will list all persons with disabilities and their families.

(7) to foster strong association with any constituted group that promotes the interest of persons with disabilities.

(8) To provide social, cultural, recreational and educational facilities and other leisure time occupation for persons with disabilities in the interests of their social welfare.

(9) To affiliate with other organization with similar aims and objects.

(10) To take any gift of property whether subject to any special trust, or not, for any one or more of the objects of the Company.

(11) To hold or promote competitions of any description authorized by law which may be calculated to publicize the objects of the Company and to solicit the support of the public in the form of donations to enable the Company to attain its objects or to advertise or promote the sale of any publication issued by it or in which it is interested and to give prizes in connection with such competition or otherwise.

(12) To procure the Company to be registered or recognized in any part of the world outside of Antigua and Barbuda.

(13) To make by-laws, rules, regulations as may from time to time be deemed necessary for carrying out the above purposes and for the proper administration of the objects of the Company.

(14) The income and property of the Company, whensoever derived, shall be applied solely towards the promotion of an of the objects of the Company as set forth in these Articles of Incorporation and no portion therefore shall be paid or transferred directly or indirectly by way of dividend, bonus or by way of profit to the members of the Association.

(15) The Company shall have full power to exercise all or any of the powers conferred by these Articles in any part of the world. Provided that the Company shall not support with its funds any object or endeavor to impose on or procure to be observed by its members or others any regulation, restriction or condition which if an object of the Company would make it a trade union or political party.

(16) The territory in which the operations of the Company are to be conducted as set forth in the abovementioned paragraphs may be with Antigua and Barbuda or in any part of the world.

(17) Nothing herein shall prevent the payment, in good faith, of reasonable and proper remuneration to any officer or servant of the Company, or to any member of the Company no prevent the payment of interest at a rate not exceeding such rate as shall at that time be the current lending rate on money lent, or the rent for premises demised or let, by any member to the company; but so that no member of the Executive or governing body of the Company shall be appointed to any salaried office of the Company or any office of the company paid by fees, and that no numeration or other benefit in money or money's worth shall be given by the Company to any member of such Executive or governing body except by way of repayment for out-of-pocket expenses and interest at the rate aforesaid on money lent or reasonable and proper rent for premises demised or let to the Company, so, however, that the provision last mentioned shall not apply to any payment to any transportation, gas, electric lighting, water, cable, telephone, telecommunications or other service company of which a member of the Executive or governing body may be a member or any other company in which such member shall not hold more than one-hundredth part of the capital, and such member shall not be bound to account for any share of profits he may receive in respect of such payment.

(18) No addition, alteration, or amendment shall be made to or in the regulations contained in the Articles of Incorporation for the time being in force, save by a special resolution under the Act.

(19) Every member of the Company undertakes to contribute to the assets of the Company in the event of its being wound up while he is a member or within one year afterwards, for payment of the debts and liabilities of the Company contracted before the time at which he ceases to be a member and the costs, charges and expenses of winding up the same, and for the adjustment of the rights of the contributions among themselves, such amount as may be required, not exceeding one hundred dollars (E.C$100.00).

(20) If upon winding up or dissolution of the Company there remains after the satisfaction of all its debts and liabilities any property whatsoever, the same shall not be paid or distributed among the members of the Company, but shall be given or transferred to some other institution or institutions having any other objects similar to any of the objects of the Company and which shall prohibit the distribution of its or their income and property among its or their members to an extent at least as great as is imposed on the Company under or by virtue of clause 14 hereof, such institution or institutions to be determined by the members of the Company at or before the time of dissolution or in default thereof by such Judge of the High Court of Antigua and Barbuda or of any other Court as may have or acquire jurisdiction in the matter, and if and so far as effect cannot be given to the aforesaid provisions then to some charitable object.

(21) True accounts shall be kept of the sum of money received and expended by the Company and the matter in respect of which such receipts and expenditure take place and of the proper assets and liabilities of the Company, and subject to any reasonable restrictions as to the time and manner of inspecting the same that may be imposed in accordance with the regulations of the Company for the time being shall be open to inspection of the members. Once at least in every year the accounts of the Company shall be examined and the correctness of the balance sheet ascertained by one or more properly qualified audit or auditors or firm or firms or auditors.

(22) The first Directors, each of whom shall become a member of the Company, are:

THE COMPANY ACT OF 1995

No. 18 of 1995

BY-LAWS

OF

ANTIGUA AND BARBUDA ASSOCIATION OF PERSONS WITH DISABILITIES

BE IT ENACTED as the general By-Law of ANTIGUA AND BARBUDA ASSOCIATION OF PERSONS WITH DISABILITIES (hereinafter referred to as either "the Association" or the "Company") as follows:

1. INTERPRETATION

1.1. In this By-Law and all other By-Laws of the company unless the context otherwise requires:

• "Act" means the Companies Act 1995 as from time to time amended and every statute substituted thereof and, in the case of such substitution, any references in the By-Laws of the Company to provisions of the Act shall be read as references to the substituted provisions thereof in the new statute or statutes;
• "Regulations" means any Regulations made under the Act and every regulation substituted thereof and, in the case of such substitution, any references in the By-Laws of the company to provisions of the Regulations shall be read as references to the substituted provisions thereof in the new regulations.
• "By-Laws" means any By-Law of the Company from time to time in force;
• all terms contained in the By-Laws and defined in the Act or the Regulations shall have the meanings given to such terms in the Act or the Regulations; and
• the singular includes the plural and the plural includes the singular; the masculine gender includes the feminine and neuter genders; the word "person" includes bodies corporate, companies, partnerships, syndicates, trusts and any association of persons; and the word "individual" means a natural person.

2.1 The registered office of the Company shall be in at such address as the directors may fix from time to time by resolution.

3.1 The common seal, an impression of which appears in the margin hereof, shall be the common seal of the Company.

4.1 There shall be three (3) categories of membership in the Association. These categories shall be full membership; associate membership and honorary membership. There shall be no limit on the number of members in each category provided that no member who is not a full member shall be entitled to vote at meetings.

4.2 Any person with a disability in Antigua and Barbuda is entitled to be registered as a full member of the Association on application to the Executive. Full membership shall be restricted to persons with disabilities.

4.3 Any person organisation, company, committee or other group whose primary aim is to provide service to persons with disabilities or to under privileged persons may be granted associate membership in the Association. It shall be in the sole discretion of the Executive to decide whether and upon whom or upon what organisation or other body associate membership status shall be conferred.

4.4 The Executive may confer the status of honorary member on any group, company, committee or organization, or on any person who is not disabled and whose assistance or contribution to the work of the Association ought in the view of the Executive to be recognized.

4.5 The membership fee structure shall be determined from time to time at general meeting of the voting members.

4.6 Any person who is entitled to be a member may apply in writing to be registered as a member. Every such application shall be in the following form:

To: The Secretary

I........................desire to become a member of the Antigua and Barbuda Association of Persons with Disabilities and I hereby agree if accepted as a member of the said Association be bound by the Memorandum and Articles and by-Laws of the Company.

Dated the day of 19

Particulars to be fully dated:

Full name:

Address:

Rank/Profession/Occupation:

Nature of Disability:

....................................

Signature

4.7 Any person, organisation, company, committee or other group who desires to be an associated member of the Association shall likewise apply to the Executive and shall include in such application details of the nature and interest of such person or organisation as would entitle then to associate membership.

4.8 Upon receipt of the application the Executive of the Association shall approve the application for membership by a majority of votes.

4.9 The Secretary of the Association shall thereupon enter the name of such person, organization, company, committee or other group in the Register of Members of the Association in the appropriate category and upon such entry such person, organisation, company, committee or other group shall become a member.

4.10 A member shall pay to the Company such annual sum or sums and at such time or times as the Company in general meeting may from time to time decide.

4.11 Every member shall further to the best of his/her ability the objects interest and influence of the Company and shall observe all by-laws of the Company made pursuant to the Articles contained herewith.

5.1 Membership in the Company shall cease,

• if the member in writing indicates to the Secretary his desire to resign from the Company. In such case the Secretary shall remove the member's name from the list of members and such membership shall cease from the effective date of receipt of the letter of resignation.

• if a resolution is passed by the Company declaring that it is undesirable in the interest of the Company that such a member should continue as a member of the Company, provided that such resolution is assented to by a two thirds (2/3) majority of the members present and voting at any general meeting of the Company.

5.2 On termination of membership in accordance with any of the provisions of Article 5.1 a member shall forfeit all claims to the return of money paid to the Company by way of annual subscriptions or otherwise, and shall cease to be a member of the Company, subject nevertheless to obligations, if any, he may have incurred prior to his ceasing to be a member in accordance with the Memorandum and Articles of Association.

6.1 The Association shall in each year hold a general meeting as its annual general meeting in addition to any other meetings in that year, and shall specify the meeting as such in the notices calling it. Not more than fifteen months shall elapse between the date of one annual general meeting of the Company and that of the next. The annual general meeting shall be held at a time and place as the Executive shall appoint.

6.2 The supreme authority of the Association is vested in the general meeting of members.

6.3 (1) The Executive may as it deems fit, and shall upon requisition made in writing by any ten (10) or more full members, convene an extraordinary general meeting.

• A requisition made by members for an extraordinary general meeting shall contain a clear statement of the object or purpose of the meeting proposed, and shall be left at the registered office of the Company.

• Upon the receipt of such requisition, the Executive shall forthwith proceed to convene a general meeting. If a meeting is not convened within twenty-one (21) days from the date of a requisition, the requisitions may themselves convene a meeting, provided that the same is convened within one (1) month from the date of the requisition.

6.4 Except where otherwise specified, notice of every general meeting, whether ordinary, annual or extraordinary shall be given by advertisement specifying the day, time and place of such meeting on a local radio station at least seven (7) clear days before such meeting. The Executive shall give to its members at least seven (7) clear days notice of meetings. Such notice may be given by fax, letter or telephone, provided that a shorter period of notice may suffice in cases of emergency.

7. PROCEEDINGS AT GENERAL MEETINGS

7.1 No business shall be transacted at any general meeting unless a quorum of full members is present at the time when the meeting proceeds to business.

7.2 A quorum of Executive, Annual General Meeting or Special General Meetings shall be two thirds of the total number of members but if at the expiration of one hour after the time fixed for an Executive, Annual or Special General Meeting the members present are not sufficient to form a quorum, such meeting, shall be considered dissolved if convened on the demand of members and in all other cases, the meeting shall stand adjourned to the same day two weeks from the date of such adjourned meeting at the same time and place and a notice to the effect shall be posted by the Secretary to the Association within forty-eight hours.

7.3 The President of the Association or in his absence the Vice President or in the absence of both, any other elected member of the Executive shall preside as chairman at every general meeting of the Association.

7.4 The chairman may, with the consent of the meeting, adjourn any meeting from time to time and from place to place, but no business shall be transacted at any adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place.

7.5 At any general meeting, unless a poll is demanded by at least five (5) full members, a declaration by the chairman that a resolution has been carried or lost, and an entry to that effect in the book of proceedings of the Association, shall be conclusive evidence of the fact.

7.6 If a poll is demanded in manner aforesaid the same shall be taken at such time and in such manner as the chairman directs and the result of such poll shall be deemed to be the resolution of the Association in the general meeting, save that a poll demanded on the election of a Chairman or on a question of adjournment shall be taken forthwith. The demand for a poll may be withdrawn.

7.7 Minutes of all meetings shall be entered in the minute book and signed by the chairman and Secretary, and shall contain:

• the number and names of the members both present and absent at meetings and the names of the person presiding at the meeting.
• the time fixed for the meeting, the time the meeting commenced and ended;
• the total number of members on the date on which the meeting was held;
• all decisions made and resolutions passed at the meeting.

7.8 A member shall be entitled to vote at a general meeting notwithstanding that monies presently payable by him to the Association have not been paid.

7.9 All matters submitted for the decision of the members present at a meeting shall be decided by a majority, provided however that the majority is obtained by the votes of full members of the Association.

7.10 At any meeting a resolution put to the vote shall be decided by a show of hands unless voting by ballot is demanded by at least 2/3 of the full members present before declaration of the result by a show of hands, and in such case, voting by ballot shall be taken.

7.11 If a vote by ballot is demanded, the same shall be taken in such manner as the chairman may direct, and the result of the ballot shall be deemed to be the resolution of the company in general meeting.

7.12 In the case of an equality of votes whether on show of hands or on a ballot, the chairman of the meeting at which the vote is taken shall be entitled to a second or casting vote.

7.13 The order of business at Annual General Meetings shall be:

• Ascertainment that a quorum is present;
• Taking apologies for absence;
• Reading and approval of the minutes of the last meetings;
• Discussion of matters arising therefrom;
• Report of the Executive;
• The Financial report;
• Report of District Committees;
• Election of officers;

8. OFFICERS AND EXECUTIVE

8.1 Seven (7) persons shall be elected from the general membership to manage the affairs of the Association. This group of persons shall consist of full members of the Association and shall be the Executive of the Association. The Executive shall consist of a President, Vice President, Secretary, Treasurer, Assistant Secretary Treasurer and two members elected from the general membership.

8.3 The presiding officer appointed under clause 8.2 shall announce the vacancies for which elections are being held, and call for nominations. The vote shall be taken at the close of nomination and the results announced.

9. EXECUTIVE

9.1 The Executive shall meet as regularly as they think fit to oversee the affairs of the Association. The Executive shall meet at least once in very three months with the chairpersons of the district committees. No executive meeting shall be convened without a quorum of four (4) persons.

9.2 The Executive shall have power to employ such persons as it thinks fit to assist in the day to day management or administration of the Association. Pursuant to this power the Executive shall employ as it thinks fit a Director of the Association and shall prescribe the terms and conditions of employment of such Director or of any other person employed pursuant to this Article.

9.3 The Executive shall have power to co-opt any person to sit on any committee and to appoint members to any committee or sub-committee for specific purposes. Every such appointment shall be reported to and ratified at the next meeting of the Association.

9.4 The Executive shall take no action which is inconsistent with the provisions of the Articles or the By Law.

9.5 Should a member of the Executive be absent from three consecutive meetings without reasonable excuse he/she shall cease to be a member of the Executive.

9.6 Any member of the Executive who acts in contravention of the Articles or By Law, or who acts in any way detrimental to the interest of the Association, may be suspended or expelled by a vote of 2/3 majority of the Executive present at a meeting called for that purpose, PROVIDED that the charge is communicated to the member in writing by the Executive at least ten days before such meeting and provided that the member is given a reasonable opportunity to answer the charges.

9.7 All vacancies occurring on the Executive shall be filled at an extraordinary general meeting of the Association called by the Executive for that purpose. The Executive shall give at least two (2) weeks notice of the said meeting and the vacancy shall be filled by a majority of votes after nominations have been accepted.

10. PRESIDENT AND VICE PRESIDENT

10.1 The President shall:

• preside at all meetings of the Association;
• in co-operation with other members of the Executive supervise the affairs of the Association and implement any decision of the Association in general meeting;
• commence all meetings with the assistance of the Secretary;
• share responsibility with the Director for the release of all official information concerning the Association;
• perform such other duties as pertain to the duties of the office of President or as may be directed by resolution of the Executive, such duties not to be inconsistent with the Articles or the By Law.

10.2 The Vice President shall assist the President in his duties and act in the office of President in the absence of the President.

11.1 The Secretary shall:-

• carry out the instructions of the Executive and conduct all correspondence of the Association;
• keep and preserve proper and up-to-date record of membership, correspondence and materials;
• assist the President in preparation of agenda for all meetings, notify members of such meetings in writing and circulate agenda;
• substitute as a signatory with the Treasurer for all financial matters in the absence of the President.

12.1 The Treasurer shall:-

• be responsible for all revenue and expenditure of the Association and administer the funds on the instruction of the Executive;
• keep proper accounts of receipts and expenditure, supported by documentary evidence, and submit same for audit when requested by the Executive;
• receive all moneys paid into the Association and within forty-eight hours after receipt deposit all funds in his/her possession in the bank or banks of deposit prescribed by the Association except such amounts as the Executive may authorize to be held as petty cash;
• ensure that all promissory notes, or any negotiable instruments drawn in favour of the Association, are properly prepared;
• submit a financial report of the affairs of the Association at each Annual General Meeting of the Association and such other times as the Executive may from time to time require;
• in collaboration with the Executive, prepare a year ahead budget for presentation at the Annual General Meeting.

13. ASSISTANT SECRETARY TREASURER

13.1 The Assistant Secretary Treasurer shall be authorised to perform any of the duties of the Treasurer during the absence of the Treasurer, or his refusal to act.

13.2 The Assistant Secretary Treasurer shall:

• assist the Secretary and the Treasurer in the performance of their duties;
• in event of a vacancy in any of the two positions, assume all duties of such positions until special election, or at the next regularly scheduled Association meeting.

14. DIRECTOR

14.1 The Director shall be entitled to attend all meetings of the Association except where he is specifically requested by the Executive not to so attend.

14.2 The Director shall carry out all functions of his office as determined by the Executive and shall have primary responsibility for:

• promoting the public image of the Association in collaboration with the President;
• the public relations portfolio of the Association particularly with reference to liaising with the media for suitable coverage for the Association.

15.1 The Association shall assist in the formation of district committees in Antigua and Barbuda. The boundaries of each district shall be determined by the Executive. There shall not be more that one district committee for each district in Antigua and Barbuda.

15.2 Every district committee shall be responsible for:

• establishing and maintaining contact with disabled persons in that district;
• identifying the specific needs of those disabled persons;
• referring these needs to the Association and assisting the Association to deliver required services

15.3 Each district committee shall elect from its members one representative who shall be its chairperson and who shall be entitled to attend quarterly management meetings at the request of the Executive.

15.4 Each district committee shall hold at least three meetings per year and shall conduct its affairs in keeping with the provisions of the Articles and this By Law.

15.5 Each district committee shall have the power to organise community groups in the different villages or communities within the district to carry out the work of the Association.

15.6 The rules governing the functioning of the district committees and community groups shall be established by the Executive.

16.1 The administrative and programme functions of the Association shall be financed by the dues of its members and by funds received from the following:

• grants and donations from government and non-governmental agencies;
• contributions from friendly local and foreign organisations and individuals;
• voluntary contribution from members, corporations and foundations;
• grants or contribution from the private sector;
• fund raising activities and programmes;
• remuneration received for any products of or service rendered by the Association;
• loans obtained with the prior approval of the Executive

16.2 The funds of the Association shall be administered by the Treasurer acting under the instructions of the Executive.

17. ACCOUNTS

17.1 The Association shall cause proper books of account to be kept with respect to:

• all sums of money received and expended by the Association and all matters related to the said receipt and expenditure;
• all sales and purchases of goods and services by the Association; and
• the assets and liabilities of the Association.

Proper books shall not be deemed to be kept if there are not such books of account as are necessary to give a true and fair view of the state of the Association's affairs and to explain its transactions.

17.2 The books of account shall be kept at the registered office of the Association or at such other place or places as the Executive think fit, and shall always be open to the inspection of the members of the Executive.

17.3 The Executive shall from time to time determine whether and to what extent and at what times and places and under what conditions the accounts and books of the Association or any of them shall be open to inspection by members not being Executive members, and no member (not being a member of the Executive) shall have any right to inspect any accounts or book or document of the Association except where this is authorised by the Executive or by the Company in general meeting.

17.3 The Executive shall from time to time cause to be prepared and to be laid before the Company in Annual General Meeting such profit and loss accounts balance sheet, group accounts (if any) and reports as may be necessary.

17.4 A copy of every balance sheet (including every document required by law to be annexed thereto) which is to be laid before the Association in general meeting, together with a copy of the auditors report, shall not less than twenty-one days before the date of the Annual General Meeting be sent to every member of the Association. Provided that this article shall not require a copy of those documents to be sent to any person of whose address the Association is not aware.

18. AUDIT

18.1 The Association at its Annual General Meeting shall appoint a qualified auditor to review the Association's yearly financial statements, and the report of the auditor shall be presented to every Annual General Meeting of the Association.

19.1 Executive shall forthwith procure a seal to be made for the Company, and shall provide for the safe custody thereof. Every instrument to which the seal shall be affixed shall be signed by the President and shall be countersigned by one other member of the Executive or by some other person or persons appointed by the Executive for the purpose.

20.1 A notice may be served by the Association upon any member either personally, or by leaving the same either at his usual place of abode or usual place of business or by posting it in a prepaid registered letter addressed to him at his usual place of abode or business.

21. INDEMNITY

21.1 The Association shall indemnify every member of the Executive and other officer and servant of the Association against all losses, costs, and expenses (including traveling expenses) in any way incurred by him in the proper discharge of his duties, and the Executive shall pay or retain the same out of the funds of the Association. If any member of the Executive or other officer is guilty of actual fraud or dishonesty whereby the Company incurs any loss or damage, such Executive member or other officer shall be liable to repay the same to the Association. Except as aforesaid, no officer of the Association shall be liable to the Association for any loss, damage, costs or expenses that may happen to be or be incurred by the Association in consequence of any act, omission or default by such officer while purporting to act as such.

22. AMENDMENT

22.1 These Articles may be amended by special resolution of the Company provided that two thirds (2/3) of the members assent thereto.

23. DISSOLUTION

23.1 The Company shall be wound up voluntarily whenever a special resolution is passed requiring the Company to be so wound up. Clauses 6 (19) and 6 (20) of the Articles of Incorporation of the Company shall have effect as if the provisions thereof were repeated herein.

Made this day of 19

Corporate Seal

______________________ ______________________

President                              Secretary

ANTIGUA AND BARBUDA

COMPANIES ACT NO. 18 OF1995

ANTIGUA & BARBUDA ASSOCIATION OF PERSONS WITH DISABILITIES

CERTIFIED COPY OF CERTIFICATE OF INCORPORATION

NELLEEN ROGERS MURDOCH

SOLICITOR

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