(Adopted by the Board of Directors on 16 December 1999
pursuant to Article 21 of the Articles of Association, and as amended 25 March
2021 and 8 February 2024)
1. Full Membership Status
1.1 All applicants for Full Membership must first apply for Associate Membership of the Association and
maintain such membership status for a minimum of six months, or such shorter period as the board of
directors may accept in any case, before their application for Full Membership shall be considered.
1.2 Subject to the above, Full Membership status shall be open to any company, individual or other entity
which can demonstrate a reasonably acceptable level of competence in their chosen areas of work and
which satisfy the board of directors hat in each case they are worthy of admission as full members and
which apply for full membership of the Association and are approved at a meeting of the board of directors
by a majority of those directors voting on the application.
It shall not be necessary for applicants to demonstrate their competence on health and safety issues, at the
time of application, as the board of directors will be entitled to assume that they will comply with all
applicable health and safety legislation.
In considering whether an applicant is worthy of membership, the board of directors shall be entitled
(without limitation) to consider applicants’ financial history and previous business record (including that of any companies of which they have been an owner or manager) and shall be entitled to take into account any lack of compliance with the ethical standards that might reasonably be expected in the relevant area of
work.
The board of directors may ask an applicant for evidence on any matter which it believes to be relevant to
an application for membership.
1.3 Full Members shall have the voting rights set out in the Articles of Association and shall be entitled to
attend at all meetings of the Company.
1.4 Full Members shall be liable to pay an annual subscription of such amount as may be approved by the board of directors from time to time. Members who do not pay such subscription within 30 days of the start of the relevant year (or, if applicable, within 30 days of their admission to membership) shall forfeit the right to vote until payment is made.
2. Associate Membership
2.1 Associate Membership status shall be open to any company, individual or other entity who does not satisfy the criteria for Full Membership and who is approved, either at a meeting of the board of directors by a majority of those directors voting on the application.
2.2 Associate Members shall have all the rights of Full Members (and in particular the right to attend meetings of the Company) but shall not be entitled to vote.
2.3 Associate Members shall be liable to pay an annual subscription of such amount as may be approved by the board of directors from time to time. Associate Members who do not pay such subscription within 30 days of the start of the relevant year (or, if applicable within 30 days of their admission to membership shall forfeit all membership rights. Furthermore, the board of directors shall be entitled to cancel the Associate Membership status of any person who does not pay any subscription due from him within 3 months of the due date, but without prejudice to his obligation to pay.
2.4 Any company, individual or other entity may apply for election to Full or Associate membership of the
Association and any existing member of the Association can nominate another party for membership, in
each case, by applying to the Company Secretary. The Company Secretary shall be entitled to ask the
applicant or nominee for any information which he reasonably thinks to be relevant in order to demonstrate the applicant’s suitability for membership and, on receipt of such information, shall arrange for the matter to be put to a vote of the board of directors within a reasonable time.
3. Honorary Fellowship
3.1 Honorary Fellowship shall be open to such persons as the board of directors may from time to time approve on the application of any members and may be granted either for life or for such period as the board of directors may agree at the time of its grant.
3.2 Honorary Fellowship may be withdrawn at any time if the board of directors so decides.
3.3 Honorary Fellows shall retain the rights and privileges of their existing membership category whilst they continue to pay their subscription. An Honorary Fellow, who was not previously a member, will enjoy the same rights and privileges as Associate Members but shall not be required to pay any subscription.
4. Entrance and Subscription Fees
Details of the entrance fee (if any) and the annual subscription payable in respect of each category of
membership shall be kept by the Company Secretary. Such fees must be paid on request and promptly. If
the board of directors decides to increase the annual subscription payable by any category of Membership,
and if practicable, the Company Secretary shall give the relevant members at least 30 days notice of the
increase.
5. Resignations
Subject to Article 9.5.2 of the Articles of Association any Member, or Associate Member may resign his
membership by giving seven days written notice to that effect to the Company Secretary at any time.
However, no refund of any subscription fees already paid shall be refundable except at the discretion of the
board of directors.
6. Power to Expel, Suspend or Reprimand
The board of directors may by resolution expel, or suspend, for such period as it deems reasonably fit, any
Member, Associate Member, or Committee Member for any conduct or action that is, in its reasonable
opinion, injurious to or inconsistent with the interests of the Association or which would have resulted in a
refusal of membership if it had occurred and been known before the member, associate member or
committee member applied for membership. If such action is taken there shall be no refund of any
subscription money already paid (except at the Board’s discretion) and any sums owing to the Association
shall be paid forthwith.
Alternatively, or in addition, the Board shall have the power to reprimand any of those mentioned above on
any of the grounds set out above.
7. Sub-Committees
7.1 The members of Sub-Committees shall be such persons as are appointed by a resolution of the Board; Sub-Committee composition shall reflect the Terms of Reference adopted by the Board from time to time.
7.2 The Chair of each Sub-Committee shall be determined by the adopted Terms of Reference.
7.3 No more than two people from any one organisation or company may be members of a Sub-Committee at any one time.
8. Quorum for Sub-Committees
8.1 Subject as below, the Sub-Committees shall meet together for the despatch of business, adjourn and
regulate its proceedings as directed by the board of directors. Any of the Sub-Committee Chairs may call a
meeting of their Sub-Committee, giving, except in an emergency, not less than fourteen days notice thereof.
8.2 Subject to the next paragraph, the quorum for all meetings of Sub-Committees shall be three people and if a meeting at any time shall cease to be quorate it shall automatically adjourn until the same time and place in the following week or such other time and place as the Sub-Committee Chair shall deem appropriate.
9. Voting and Procedure at Committee Meetings
9.1 All Sub-Committee members shall have one vote at Sub-Committee meetings.
9.2 Decisions at Sub-Committee meetings shall be passed by a simple majority of votes. If there is a tie the
Sub-Committee Chair shall have casting vote.
9.3 If the Sub-Committee Chair is not present at a meeting of the Sub-Committee the Sub-Committee Members present shall elect one of their number to act as Chair and have a casting vote if there is a tie.
9.4 All members of all Sub-Committees of the Association have the right to propose matters for the agenda for their respective Sub-Committee meetings provided that notice of them is given to the Company Secretary not less than 10 calendar days prior to the meetings.
9.5 A resolution in writing signed by all those who are members of a Sub-Committee of the Association, shall be as valid and effectual as if it had been passed at a meeting of the relevant Sub-Committee duly convened and held and may consist of several documents in the like form each signed by one or more members of the relevant Sub-Committee.
10. Register of Members, Associate Members and Honorary Members
10.1 The Company Secretary shall keep a register of the Members, Associate Members and Honorary Members (if any) in which he shall enter the following particulars:
(A) their names and addresses
(B) the date on each person was entered in the register and the date on which each person ceased to be a Member, Associate Member or Honorary Member;
The register shall be available for inspection by any Member, Associate Member or Honorary Member of
the Association at any time on reasonable notice to the Company Secretary.
10.2 All members who are businesses, be they incorporated or otherwise, and that have more than one employee must provide the Company Secretary with a list of all their operational damage management staff, be they full or part time, and advise him immediately should such information require updating. Furthermore, such a list must clearly state whether operational staff have Full or Associate membership of the Association as individuals in their own right.
11. Change of Address
It shall be the duty of every Member, Associate Member, Director or Member of any Committee of the
Association to inform the Company Secretary, in writing and as soon as practicable, of any changes to the
details mentioned at 10 above.
12. Indemnity
12.1 Each Director, Company Secretary or Member of any Committee of the Association shall (to the extent that such person is not entitled to recover under any policy of insurance) be entitled to be indemnified out of any funds available to the Association, which may lawfully be so applied, against all costs, liens, charges,
expenses and liabilities, whatsoever incurred by him in the execution and discharge of his duties or in
relation thereto, or incurred by him in good faith in the purported discharge of his duties in relation thereto, including any liability incurred by him in initiating, prosecuting or defending any proceedings, civil or criminal, which relate to anything done or omitted in good faith by him or alleged to have been done or omitted by him as a Director, Company Secretary or member of any Committee of the Association as the case may be.
13. Use of Name or Collective Mark
13.1 Save with the authority of the board of directors, no Member shall at any time use the name of the
Association or its collective mark in any document or advertisement issued or published by them, or on
their behalf or with their authority, in such a way as to indicate or imply that such a document or
advertisement was issued or published by or on behalf of or with the authority of the Association.
13.2 In no circumstances shall any member that is also a business, incorporate or otherwise, use the collective mark of the Association unless at least 25% of their operational staff that are involved in damage
management first acquire full membership status of the Association.
14. Arbitration
Any dispute or difference arising between any two or more of the Members of the Association, Associate
Members of the Association or any committee of the Association or members thereof concerning the rights
and duties of the Association or its Members or Associate members (or any group of either) under or
pursuant to the Rules or concerning the affairs of the Association shall be referred to arbitration by a single
arbitrator pursuant to the Arbitration Acts for the time being in force. The Arbitrator shall be a person
appointed in writing by the parties to the dispute or, failing that, appointed on the application of any party to the dispute by the President (or, failing him, the Vice President) for the time being of the Law Society.