Memorandum of Association
1. The name of the Company (hereinafter called the Society) is “CUMANN LUCHT CAPAILLINI CHONAMARA,” (“the Connemara Pony Breeders Society”).
2. The registered office of the Society will be situated in Clifden Connemara Ireland.
3. The objects for which the Society is established are:-
(a) To take over and acquire the business of the Connemara Pony Breeders’ Society which was founded in December, 1923, for the purpose of encouraging the breeding of Connemara ponies and their development and maintenance as a distinctive breed, develop their performance ability, and to continue and develop the aims and objects of the said Connemara Pony Breeders’ Society in Ireland or elsewhere
(b) To inspect Ponies offered for registration, in compliance with the Society’s “Rules for Registration”, and to publish a Stud Book containing particulars of eligible ponies that are passed as suitable.
(c) To purchase fillies, colts and stallions of the Connemara pony breed in furtherance of pony breeding interests.
(d) To subsidise the breeders and owners of Connemara ponies in the keeping and maintenance of selected Colts, Fillies and Young Mares
(e) To provide registered Connemara pony stallions and locate them at suitable centres on such terms as the Council may decide.
(f) To advise the Minister for Agriculture Food and Rural Development on matters concerning equine breeding.
(g) To hold a show at some suitable centre in the Connemara area each year, the principal section of which to consist of classes for Connemara ponies, and such other sections as deemed appropriate
(h) To offer prizes in classes for Connemara ponies at selected shows.
(i) To arrange exhibitions and sales of Connemara Ponies with a view to promoting home and Foreign Trade.
(j) Subject to licence under Section 19 of the companies (Consolidation) Act 1908, to hold land for the raising and keeping of ponies and to manage and use such land in a proper manner.
(K) To purchase, or otherwise acquire, any real or personal property that may be legally held and that the society may consider necessary or convenient for the purpose of its undertakings.
(l) To deal with the monies of the Society; to sell or otherwise dispose of the property of the Society; to accept grants; subsidies,
(m) To seek the co-operation of the Department of Agriculture, Food and Rural Development and other favourably disposed bodies, with a view to promoting the aims of the Society.
(n) To borrow or raise money for the purpose of the Society on such terms and on such security as may be deemed proper and desirable.
(o) To take such action as may deemed proper and desirable for furthering that ends in view.
Provided that the Society shall not support with its funds any object, or endeavour to impose on or procure to be observed by its members or others, any regulation, restriction or condition which, if an object of the Society, would make it a Trade Union. Provided also that in case the Society shall take or hold any property subject to the jurisdiction of the Commissioners of Charitable Donations and Bequests for Ireland, the Society shall not sell, mortgage, charge or lease the same without such authority, approval or consent as may be required by law, and as regards any such property, the Society shall be chargeable for such property, as may come into their hands, and shall be answerable and accountable for their own acts, receipts, neglects and defaults, and for the due administration of such property, in the same manner and to the same extent as such Society would have been if no Incorporation had been effected, the Incorporation of the Society shall not diminish or impair any control or authority exercisable by the High Court of Justice or the Commissioners of Charitable Donations and Bequests for Ireland over such Society, but shall, as regards any such property, be subject jointly and separately to such control or authority as if the Society were not incorporated. In case the Society shall take or hold any property that may be subject to any trusts, the Society shall only deal with the same in such manner as allowed by law, having regard to such trusts.
4. The income and property of the Society, whencesoever derived, shall be applied solely towards the promotion of the Objects of the Society as set forth in this memorandum; and no portion thereof shall be paid or transferred directly or indirectly, by way of dividend, bonus, or otherwise by way of profit, to the members of the Society. Providing that nothing herein shall prevent the payment in good faith of reasonable and proper remuneration to any officer or servant of the Society or to any member of the Society in return for any services actually rendered to the Society, nor the gratuitous distribution among, or sale at a discount to, subscribers to the funds of the Society, whether members of the Society or not, of any books or publications, whether published by the Society or otherwise, relating to all or any of the objects of the Society nor prevent the payment of interest at a rate not exceeding 2% over triple “A” bank rate per annum on money lent, or reasonable and proper rent for premises demised or let by any member of the Society; but so that no member of the Council of management or Governing body of the Society shall be appointed to any salaried office of the Society, or any office of the Society paid by fees, and that no remuneration or benefit in money or money’s worth shall be given by the Society to any member of such Council or Governing Body, except payment of 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 Society, providing that the provision last aforesaid shall not apply to any payment to any Railway, Gas, Electric, Lighting, Water, Cable or Telephone company of which a member of the Council of Management or Government body may be a member, or any company in which such member will not hold more than one-hundredth part of the capital, and such member shall not be bound to account for any share or profit he/she may receive in respect of such payment.
5. No addition, alteration or amendment shall be made to or in the regulations in the Articles of Association for the time being in force, unless the same shall have been previously submitted to and approved by the Minister for Enterprise, Trade and Employment.
6. The fourth and fifth paragraphs of this Memorandum contain conditions on which a licence is grantedd by the Minister for Enterprise, Trade and Employment to the Society in pursuance of Section 20 of the Companies (Consolidation) Act, 1908 as amended by section 24 of the Companies Act 1963.
7. The Liability of the members is Limited
8. Every member of the Society undertakes to contribute to the assets of the Society in the event of its being wound up while he/she is a member or within a year afterwards, for payment of the debts and liabilities of the Society contracted during his/her membership period, and of the costs, charges and expenses of winding up, and for the adjustment of the rights of the contributories among themselves such amount as may be required, not exceeding £1 or its equivalent in legal tender.
9. If, upon the winding up or dissolution of the Society there remains after the satisfaction of all its debts and liabilities, any property whatsoever, the same shall not be paid to or distributed among the members of the Society, but shall be given or transferred to some other Institution or Institutions having objects similar to the objects of the Society, and which shall prohibit the distribution of its income or profits and property among its or their members to an extent at least as great as is imposed on the Society under or by virtue of Clause 4 hereof, such institution or institutions to be determined by the members of the Society at or before the time of dissolution, or in default thereof, by such Judge of the High Court of Justice as may have or acquire jurisdiction in the matter, and if and so far as effect cannot be given to the aforesaid provision, then to some charitable object.
10. True Accounts shall be kept of the sums of money received and expended by the Society, and the matters in respect of which such receipts and expenditure took place, and of the property, credits, and liabilities of the Society. Once at least every year the accounts of the Society shall be examined and the correctness of the balance sheet ascertained by a properly qualified auditor or firm of auditors.
11 We the several persons whose names and addresses are subscribed are desirous of being formed into a company, in pursuance of the memorandum of association.
1. The Lord Killanin, Spiddal, Co. Galway
2. Rev. Fr. Liam O’Morain S.P. Rosmuc Co. Galway
3. Sean O’Cathain, Caislean Nua, Gaillimh.
4. J. McDermott Kelly M.R.C.V.S. Athenry
5. Ernest B. Moran Clifden, Co. Galway
6. Sean O. Cillin, cigire Maoirseachta, Gaillimh.
7. John Mannion, M.C.C., Clifden, Co. Galway
Dated this 18th Day of Meitheamh 1959:.
Witness to the above signatures:-
Liam O’Gabhain