Page 102 - July 2020 Board Meeting Agenda_Neat

SOP20-13 Chapter and Branch Charters:

Our current Charters with each of the Branches and Chapters are lacking in a number of areas and
based on advice from our Legal Advisor, Jean Slabbert, it is has proposed that we revise the
charters and reissue them. In particular, we should be seeking to set out the minimum
requirements for granting and/or withdrawing a charter. In this regard, Jean has provided the
following advice:

When one takes into consideration that the word "branch", or "chapter", for that matter, clearly
refers to a local division of the overarching organization, it is clear that the branch is not an
independent entity, but is linked to an organization. This is also evident from the fact that the
establishment of the branch or chapter is subject to a charter, which should in my view set out the
terms and conditions upon which it is granted.

Although Section 1 of Article 5 provides that an application for recognition of a branch is subject to
the submission of its constitution and by-laws, and dependent on a charter being issued by the
Executive Board, the section does not expressly state that the submission of the relevant
documentation is to enable the Executive Board to satisfy itself that the Branch's founding
documents are compatible with those of IAATI. While this requirement is actually, in my humble
opinion, by necessary implication clear from the section, branches/chapters, may seek to utilize
the lack of an express reference to the IAATI Constitution in the section or charter, as an
opportunity to assert their independence. Notwithstanding the fact that such an approach is
legally flawed, it may be appropriate to specifically highlight the supremacy of the IAATI
Constitution in the documents.

Similarly, although the charter clearly makes reference to IAATI as the parent organization, the
charter does not specify that the charter is subject to its compliance with the IAATI Constitution,
nor that it may be withdrawn in the event of non-compliance by the branch. The Charter, as you
will note, says very little and the only words of any value are to be found in the statement that the
branch has now been recognized as a local division of the "parent organization".

If one looks at the definition of "Charter" it is clear that the one presently in use by IAATI is
insufficient. Most sources define a "charter" as a written grant by which a body is founded and in
which its rights and responsibilities are defined. While the charter issued to the branch/ chapter
founds the branch/chapter, it is silent on its right and responsibilities it incurs by virtue thereof.
The Australasian Charter is quoted below for your convenience. This appears to be the same
standard charter issued to all branches and chapters

"TO ALL WHO IT MAY CONCERN:

BE IT KNOWN THAT, Pursuant to the Constitution and By-Laws of the International Association of
Auto Theft Investigators, and in order to unite for mutual benefit those individuals who are eligible
for membership; to provide for exchange of technical information and developments; to cooperate
with all law enforcement agencies and associations who are engaged in the prevention and