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Building Fund Constitution Changes

Letter for Building Fund Amendment for P&C Constitution (below is the Constitution Amendment Wording and the Declaration Form for completion and return)

22 July 2003  

Dear Affiliate

The Australian Taxation Office have highlighted an urgent need to update all P&C Constitutions to provide for Building Fund legislative requirements.

Education Queensland have taken these requirements and produced an amendment to the constitution to assist P&C Associations and all requirements of the ATO are met.

QCPCA are assisting the ATO and Education Queensland by distributing a copy of the amendment required and the process to allow the amendment to be adopted with minimal stress on the member of your P&C.

Attached is a copy of the proposed amendment to the constitution.  There is also a fax back sheet for the P&C Executive to complete and return to enable Education Queensland to make the necessary amendment to your constitution.  On receipt of this authority, Education Qld will amend your constitution and forward a copy to the P&C for your records.

How to make the amendment to your constitution.
• Call a Special General Meeting.  You are required to give 7 days notice of the meeting.  This meeting can be held 5 minutes before your normal P&C meeting.
• The reason for the meeting is to approve the proposed constitution amendment as attached to this letter.
• Move a motion to adopt the amendment to your P&C Constitution.
• The Secretary completes the form and it is signed by the President.
• Fax the form to QCPCA as soon as possible after the meeting.  (If you post the form, make sure you keep a copy of the form for your records.

P&C Associations who have a Building fund should have already received this advise and acted upon it.  If your P&C has completed the approval of the amendment in the last month, there is no need to forward the information again.

Regards

Garry Cislowski

State President

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Wording for Constitution Amendment

Amendment to the P&C Constitution

17 (c)  with the prior approval of the Minister, establish, maintain and operate a school building fund in line with the following rules.

Fund Rules

(a)     The Association may seek to apply for endorsement as a deductible gift recipient under Subdivision 30-BA of the Income Tax Assessment Act 1997 (Cth) (or as amended from time to time or under any legislative provision enacted in substitution for those provisions) to establish, maintain and operate a school building fund.

(b)     The public will be invited to contribute gifts of money or property to the fund.

(c)     The Association must maintain a separate bank account for the fund.

(d)     The Association must credit monetary gifts and proceeds of sale of gifted property to the fund.  For example: interest earned on the school building fund bank account must be credited back to that account.

(e)     The Association must not credit to a fund money or property that is not intended for the fund.

(f)      The fund shall be controlled or administered by a sub-committee.

(g)     The Association must use the school building fund solely for the acquisition, construction or maintenance of a building used, or to be used, as a school or college by:

(i)      the School;

(ii)      the State of Queensland;

(iii)     a public authority; or

(iv)     a society or association which is carried on otherwise than for the purposes of profit or gain to the individual members of the society or association

(h)     The Association may use the money in a fund to pay for the reasonable costs of managing the fund.  Examples of costs include bank fees and charges, stationery costs and accounting and audit fees relating expressly to the gift fund.

(i)      The Association must not distribute directly or indirectly any portion of a fund to its members.

(j)      If the Association issues a receipt for a gift to a fund the Association must ensure that the receipt states:

i.       the name of the fund;

ii.      the Australian Business Number of the Association;

iii.     the fact that the receipt is for a gift.

iv.     the amount of gifts of money;

v.      a description of any gifts of property; and

vi.     the date of the gift.

(k)     At the first occurrence of:

(i)      the winding up of a fund;

(ii)      the revocation of the Association?s endorsement as a deductible gift recipient for a fund under Subdivision 30-BA of the Income Tax Assessment Act 1997 (Cth); or

(iii)    the dissolution of the Association;

any surplus assets of the fund must be transferred to:

(iv)    with the prior approval of the Minister - a fund  or of another parents and citizens association;

(v)     with the prior approval of the Minister - a fund, authority or institution;

to which tax deductible gifts can be made under Subdivision 30-B of the Income Tax Assessment Act 1997 (Cth), despite anything to the contrary in this Constitution.

(l)   The Australian Taxation Office shall be notified of any changes made to the Association's constitution that affect the Building Fund?s rules or dissolution or winding up provisions

Declaration Information Form

Fax to:  QCPCA 3352 3911

Post to:  PO Box 67, Kelvin Grove  4059 

 Date:  ?????????????

 Education District Office ................................

Building Fund Amendment to P&C Constitution

Please be advised that the ???????.........??? School Parents and Citizens Association,

          (FULL NAME OF SCHOOL )

at its meeting held on ?????, ?./?./2003  approved the Building Fund amendment to the

(DAY, DATE/ MONTH/YEAR)

??????????.School Parents and Citizens Association Constitution by a majority vote.   

(FULL NAME OF SCHOOL )

 If you have any further enquiries please contact:

Name:  ?????????????.

Position on P&C:   ?????????????..

Phone Number:   ????????

Fax Number: ???????????.

Email Address:  ?????????????

 

Yours sincerely,

 

P&C Association Presidentgo to top