By-Laws
Article 1 – NAME
This Association shall be known as the North Carolina Association of Professional Process Servers, Inc., hereinafter referred to as NCAPPS.
Article II — PURPOSE
To promote, upgrade, and perpetuate the process serving profession through the following objectives:
Section 1. Promoting legislation and rules that will advance the profession.
Section 2. Combating legislation and rules which may harm the profession.
Section 3. Promoting and maintaining professional and ethical standards for the profession.
Section 4. Improving relations between the professional, and the legal community; attorneys, judges, clerks, officers of the court and the general public both nationally and internationally.
Section 5. Promote the North Carolina Association of Professional Process Servers, Inc. to the legal community and to the general public.
Article III — MEMBERSHIP
Section I. Classes of membership and requirements for membership shall be defined by the Board of Directors. All members agree to abide by the By-Laws and Code of Ethics of NCAPPS as a condition of membership.
Section 2. Membership shall be open to all persons:
2.1 Who are at least 21 years of age, and a citizen of the United States.
2.2 No person applying for membership shall be denied membership based on race, color, religion, gender, sexual orientation or ethnic origin.
2.3 Types of Membership are listed in the NCAPPS Policy Manual.
2.4 All applications for membership must be completed in full on a form approved by the Board of Directors. Each application must be accompanied by the appropriate fees as determined by the Board of Directors and published in the NCAPPS Policy Manual.
2.5 Membership shall not be granted to any person who has been convicted of a felony unless such conviction was officially pardoned or the record thereof has been expunged. Any convictions or revocations described in this section that are more than five (5) years old shall not be grounds for
denial of membership.
Article IV — DUES
Section 1. The annual dues shall be determined by majority vote of the membership at the annual conference and shall remain in effect until changed.
Section 2. The fiscal year covering the payment of dues shall be January 1 st thru December 31st (NEW DATES)of the following year.
Section 3. A member whose dues have not been paid by February 1st of any year shall be considered delinquent.
Article V — Election of Officers
Section 1. The officers shall consist of a President, Three Directors – Legal/Legislature & Promotion/Growth, & Membership , Secretary and Treasurer.
Section 2. The term of office shall be for a period of two (2)year commencing on the first day of the month following the annual meeting of NCAPPS. There is no term limit for any of the board positions.
Section 3. Officers shall be elected by majority vote of members present at the annual conference. Remaining directors shall be elected in a single ballot with each member casting one vote for each seat to be filled.
Section 4. Absentee Ballots are allowed – Membership will be notified 45 days before elections to be able to cast an Absentee Ballot in lieu of attending the meeting.
Article V — Duties of Officers
Section I. The administration and management of the association shall be controlled by the Board of NCAPPS consisting of all the officers and directors. They shall have the authority to do any and all things necessary for the administration and management of NCAPPS. Decisions shall be reached by majority vote of the Board of NCAPPS members present.
Section 2. The President shall preside at all meetings, shall make all appointments that are deemed necessary to administer NCAPPS.
Section 3. The 1st Vice-President shall perform the duties of the office of President whenever the President is unable to do so.
Section 4. The Secretary shall cause to be recorded the minutes of all Board meetings and the annual meeting.
Section 5. The Treasurer shall be responsible for overseeing all fiscal policies and procedures adopted by the Board of Directors. Specific responsibilities of the Treasurer shall include: Presenting an annual financial report of the Association at the annual conference that includes a balance sheet, income and expense declaration and profit and loss statement.
Section 6. All Board of Directors need to attend in person or by conference call – 80% of scheduled meetings and /or calls. If unable to perform these duties, removal from the Board of Directors can be voted on by the BOD
Article VIII — DISCIPLINE
Section 1. The Board of Directors shall adopt procedures for arbitration and grievance. All members are bound by the arbitration and grievance procedures as adopted by the Board of Directors. The Board of Directors may, in its sole discretion, approve or disapprove any penalties recommended by an arbitration or grievance procedures as adopted by the Board of Directors. The Board of Directors may, in its sole discretion, approve or disapprove any penalties recommended by an arbitration or grievance committee including but not limited to revocation of membership, suspension of membership, and monetary assessments.
Article IX — MEETINGS
Section 1. An annual conference shall be held at a site chosen by the Board of Directors, Officers’ reports, committee reports and any new or old business shall be discussed at the meeting.
Section 2. Board of Directors meetings shall be called by the President. A Board meeting must be called within thirty (30) days if requested by three (3) members of the Board of Directors, or if petitioned for by a majority of the members. The membership shall be notified of all regularly scheduled Board of Director meetings.
Section 3. Special meetings of the Board may be held by mail or telecommunications.
Section 4. Robert’s Rule of Order shall govern the conduct of all meetings.
Article X — LOGO
Section 1. The NCAPPS logo shall be of a design approved by the Board of Directors. It shall be used only for the purpose of the Association identification, signifying NCAPPS membership therein, on letterheads, membership certificates, business cards and advertising matter. Any other use of the NCAPPS logo must be approved by the Board of Directors.
Section 2. As a condition of NCAPPS membership, every member agrees that the use of the logo shall be and is limited to the time during which their membership herein shall be in good standing, and each member hereby agrees that upon termination of their membership, they will discontinue use of NCAPPS logo.
Section 3. No member of the NCAPPS association shall use their official position in the Association for advertising purposes in any manner whatsoever.
Article XI – DISTRIBUTION UPON DISSOLUTION
Upon dissolution of the Association, Board of Directors shall, after paying or making provision for payment of all liabilities of the Association, dispose of all of the assets remaining exclusively for the purpose of the Association in such manner, or to such organizations or organizations organized and operated exclusively for religious, charitable, education, scientific or literary purposes as shall at the time qualify as an exempt organization or organizations under Section 501C(3) of the Internal Revenue Code as the Board of Directors shall determine. Any such assets not so disposed of shall be disposed of by the Superior Court of the county in which the principle office of the Association is then located, exclusively for such purposes or to such organizations, such as court shall determine, which are organized and operated exclusively for such purposes, or to such government for such purposes.
Article XII — BY-LAW AMENDMENTS
Section 1. Proposed By-Law amendments must be submitted to the Secretary not less than sixty (60) days prior to the date of the annual conference and published to the membership not less than thirty (30) days prior to the annual meeting. The Secretary shall cause the proposed By-Law amendments or revisions to be published to the membership via email, NCAPPS website and/or by other reasonable means not less than thirty (30) days prior to the annual meeting.
Section 2. The By-Laws may also be amended or revised by unanimous vote of the Board of Directors.
