 Clan Maxwell Society
|
This link wall remain disabled until the By Laws PDF is updated.
We are sorry for any inconvenience this may cause.
Because the House of Maxwell is still rooted and flourishing in Scotland but is now spread throughout the world, it is right and proper that all Maxwells and members of the clan's Allied Families rally, unite, and convene whenever and however possible according to the family's ancient traditions. It was to that end that the Clan Maxwell Society was established in 1964 with the aims of cultivating fellowship and brotherhood among our kin, preserving family records and traditions, and advancing the general welfare of our family.
As it has from its inception, the Society acknowledges the authority of the Hereditary Chief of Clan Maxwell. The identity of the rightful Chief was long ago lost and is still unknown, so the Clan Maxwell Society shall provide an organizational home for Maxwells and allied family members, and its elected officers shall convene and administer the Society for the good of Clan Maxwell until such time as a Chief is recognized.
The name of the organization shall be Clan Maxwell Society, hereinafter called the Society. It shall be a non-profit, familial, social, and benevolent association from the operation of which no person shall enjoy any pecuniary profit or commercial gain and which shall distribute no surplus, earnings or dividends to any person except for charitable and benevolent assistance as provided for in these By-Laws.
Section 1 The purposes of the Society shall be literary, historical, familial, genealogical, and educational, as follows:
(a) Distributing to members newsletters, books, pamphlets, bulletins, and other material relating to (i) Scottish history, genealogy and literature, (ii) the Clan Maxwell and all branches of the House of Maxwell, and (iii) Caerlaverock Castle, the ancient seat of the Chief of the Clan; and (iv) other monuments historically relevant to Clan Maxwell.
(b) Collecting, preserving and providing a repository for literary, historical and genealogical records, documents, treasures, muniments and relics relating to Scotland or the Clan;
(c) Encouraging visits by members to Scotland and Caerlaverock Castle;
(d) Assisting in the maintenance, repair and upkeep of the ruins, grounds, and buildings of Caerlaverock Castle as a Scottish historical shrine;
(e) Establishing scholarships, fellowships, awards, prizes, and other financial assistance for deserving members at schools, camps, workshops, and seminars that encourage Scottish heritage and traditions. Such activities shall include but not be limited to Highland dancing, piping, drumming, Scottish country dancing, Scottish crafts, and Scottish genealogy. Members and their children and wards under 18 years of age shall be given priority in the use of these scholarships and related aid.
(f) Perpetuating Scottish traditions and customs, promoting clan sentiment, and encouraging sociability among its members.
(g) In addition to the aforementioned, conducting or participating in such literary, historical, genealogical, educational or other activities as the Executive Council shall determine.
(h) Honoring distinguished Clan Maxwell folk.
Section 2 The Society's net income shall not inure to the benefit of any member, officer, director, or other individual.
Section 1 The membership shall include Full Members, Associate Members, Affiliate Members and Honorary Members. All members, regardless of level of membership, shall be entitled to vote, hold office and receive all benefits of membership.
(a) Full Members shall be adult persons 18 years of age or older (i) who bear the surname Maxwell or any of the recognized names of families historically allied with the Maxwells, however spelled, by birth and descent or adoption, or (ii) whose mother or any maternal grandparent, great grandparent, or great-great grandparent bears, or bore, the surname Maxwell or any of the recognized names of families historically allied with the Maxwells by birth and descent or adoption.
(b) Associate Members shall be persons who are spouses or partners of one who qualifies for full membership in the Society.
(c) Affiliate Members shall be persons 18 years of age or over whose descent from persons bearing the surname Maxwell or the surname of an Allied Family is more distant than five generations; or any other adult person desirous of being affiliated with Clan Maxwell Society.
(d) Honorary Members may be designated by the Executive Council in recognition of meritorious and outstanding service to the Society or to the Clan. Honorary Members shall not be required to, but may, make financial contributions to this Society.
Section 2 Full Members must certify that they meet the genealogical requirements of full membership as described above.
Section 3 Applicants need not be invited to apply but may submit their own applications.
Section 4 The Secretary may admit to membership those who qualify under Section 1, above, with the Executive Council maintaining final authority to rule on any applicant's qualification.
Section 5 For any type of membership, termination or reinstatement shall be governed by the following rules:
(a) Membership will be automatically terminated if a member fails for two consecutive years to pay annual dues.
(b) A member may terminate membership through written notification to the Secretary.
(c) The Executive Council may terminate membership by a simple majority vote at any meeting of the Council if a Member's conduct is deemed to be injurious to the best interest of the society or of the Clan.
(d) A member terminated without prejudice may be reinstated upon written application to and by a simple majority affirmative vote of the Executive Council. Payment of any and all financial obligations to the Society that were outstanding at the time membership was terminated must accompany the application for reinstatement. Should reinstatement not be granted, the applicant's remittance shall be returned promptly.
Section 6 Recognition of membership shall be:
(a) Each type of member whose dues are not delinquent shall be entitled to a membership card.
(b) Every member of Clan Maxwell is entitled to wear the strap and buckle badge of the Chief of Clan Maxwell, approved by the Lord Lyon King of Arms and embodied in the seal of this Society.
Section 1 Number and Elections:
(a) The Society shall have an Executive Council of all current elected officers and any ex-officio members. Any past President shall be a permanent ex-officio member of the Council. The President of the Society shall be Convener and the Vice-Presidents Vice-Conveners of the Council. The elected officers composing the Council shall be: President, four Vice- Presidents, Secretary, and Treasurer. Each officer will serve a three-year term.
(b) Vacancies on the Executive Council that occur between elections due to death or resignation may, but need not, be filled for the unexpired terms by the Executive Council.
Section 2 Meetings of the Executive Council:
The Executive Council may act: (i) At a meeting called by the Convener or any three members of the Executive Council at a time and place specified in the notice of the meeting that must be given in writing, by text message, by email, or by telephone at least five (5) days in advance, and at which a simple majority of the Executive Council shall constitute a quorum. Any Council Member may waive notices of such meetings either before or after the meeting by any of the means listed in the previous sentence; (ii) By instrument (in writing) setting out the action to be taken and signed by not less than a simple majority of members of the Board; or (iii) By telephone or email approval of the action to be taken, given to the President or to the Secretary by a simple majority of the members of the Council and recorded by the President or Secretary as the case may be, over his or her respective signature, in a written instrument filed with the Secretary.
Section 1 Definition, Number, Office, and Terms:
(a) An officer, as referred to in these By-Laws, is anyone elected or appointed to office in the Society.
(b) The Executive Council shall consist of the elected officers: President, four Vice Presidents, Secretary, and Treasurer.
(c) Each elected officer will serve a three-year term, and officers will be limited to no more than three consecutive terms in any one office. Terms for officers will begin each January 1st and will be staggered, with one-third of the Executive Council officers elected each year. The staggered term of office will be:
1. Treasurer and two Vice Presidents
2. Secretary and one Vice President
3. President and one Vice President
(d) Annual elections shall be held either at the Annual General Meeting, with absentee ballots being distributed to all members and collected prior to the meeting, or entirely through absentee ballots being distributed to all members and collected, counted, and results announced prior to December 31 of the appropriate year.
Section 2 The President:
(a) The President shall be Chief Executive Officer and Convener of the Society.
(b) The President shall preside at all meetings of Members and the Executive Council and shall recommend to the Executive Council such programs and activities as he/she considers advisable and calculated to accomplish the purposes of the Society as specified in Article 11.
(c) The President shall submit an annual report to the members of activities of the Society during the year and its plans for the future.
Section 3 The Vice Presidents:
If the President is unable to act for any cause, the Vice Presidents, in order of seniority shall have, exercise, and discharge all the powers and duties of the President.
Section 4 The Secretary:
The Secretary shall keep a roster of the names and addresses of all members and officers, shall preserve records of all annual and Executive Council meetings, shall oversee annual membership renewals and dues collections, shall make annual membership reports to the Members, and shall assist with other administrative aspects of the Society as needed.
Section 5 The Treasurer:
(a) The Treasurer shall collect and disburse funds for the Society and shall keep a record of all funds received and disbursed. The Treasurer shall give a bond for the faithful performance of the required duties, in such amount, and with such surety as shall be approved by the Board of Governors, and at the expense of the Society; however, the Executive Council may waive the Bond requirements.
(b) The Treasurer shall deposit the Society's funds in a federally chartered bank and make such investments thereof as the Executive Council shall determine.
(c) The Treasurer shall submit to the Members an annual report of receipts, disbursements, and balances on hand and shall assist in the conduct of a financial audit if the Executive Council so requests and appoints an Examiner.
Section 1 Meetings of Members:
(a) Meetings of Members shall be held at such times and places as the Executive Council shall determine. If feasible, at least one meeting of Members shall be held each year. Special meetings of Members may be held at any time upon the call of the Convener or Vice Convener or of ten percent (10%) of the Members in good standing and entitled to vote, and such meetings shall be held at times and places designated by the Convener or Vice Convener. Virtual meetings are permissible.
(b) Fifteen (15) Members shall constitute a quorum at all meetings of Members. Each Member in good standing present at the meeting shall be entitled to vote. For electing officers, a quorum shall be the number of valid ballots received by mail together with Members present at the meeting.
(c) All members in good standing can participate in the election of officers either by absentee ballot or by attending the Annual General Meeting (AGM) of the Society. Absentee ballots will be sent to all members in good standing in time for to be returned before the actual election and will include a suspense date. The completed ballot must be received by an elected officer on or before the suspense date in order to be counted.
Section 2 Dues:
