Attachment 3 - Charitable Status Documents

      (c)   by electronic mail to the email address supplied by individual to the Association for the
            purpose of giving notice to him or her in which case delivery shall be deemed to be
            effected when the sender receives acknowledgment of delivery receipt by the individual.

13. Common Seal
      (a)   The Council shall have the custody of the common seal of the Association, and the form
            of such seal and all other matters relating thereto shall be determined at a meeting of
            the Association.
      (b)   The common seal of the Association must only be affixed to any instrument pursuant to
            an appropriate resolution passed at a meeting of the Association.
      (c)   Every instrument to which the common seal is so affixed shall be signed by the
            President and by two other Councillors.

14. Records, Accounting and Audit
14.1 Accounts and other records of the Association
      (a)   The Board must:
            (i)     ensure that proper financial records are kept in accordance with all legal and
                    regulatory requirements; and
            (ii)    ensure that records of its operations are kept; and
            (iii)   take reasonable steps to ensure that the Association's records are kept safe.
     (b)    The Association must retain its records for at least seven years.
14.2 Audit
     (a)    The Council must appoint an auditor (or auditors) for the Association and the
            Educational Bodies..
     (b)    The Association must remunerate any auditor.
      (c)   Any auditor is entitled to attend any General Meeting and to be heard by the Council on
            any business of the meeting that concerns the auditor in their capacity as auditor.
      (d)   The Association may give any auditor all communications relating to the General
            Meeting that the Council are entitled to receive.
14.3 Financial statements
      (a)   The Board must ensure that financial statements are prepared annually for all
            Educational Bodies together with a consolidated set of financial statements for the
            Association in accordance with all legal and regulatory requirements.
      (b)   The accounts as audited in respect of each Financial Year must be forwarded to the
            Council within twenty one (21) days of being signed by two Board Members.
14.4 Financial instruments
      All cheques, promissory notes, bankers' drafts, bills of exchange and other negotiable
      instruments and all receipts for moneys paid to the Association shall be signed, drawn,
      accepted, endorsed or otherwise executed as the case may be in such manner as the Board
      determines.

15. Winding up
      (a)   The Association may be wound up in accordance with the Act.
 Constitution of
 Trustees of Edmund Rice Education Australia Adopted by TEREA AGM 22 June 2021    Page 16 of 16