Constitution of the Asia-Pacific EPR/ESR Society (APES)

(Third Draft - December 1998)

Members' comments on the following aspects are especially sought:

1.   Do we need the member category: Postdoctoral Members and Emeritus Members ?

Note: these categories are used in the IES Constitution but not in the ISMAR one.

2. The membership fees will be determined after formal elections of the Council and the appropriate agreement with the IES. The possible options are: (i) the APES will not collect any fees, (ii) the members of the IES will pay certain surcharge on the IES fees to become members of both the IES and the APES, (iii) separate small fee for the membership of the APES will be charged. Please let us know your preferred option with a justification. Accordingly the draft of the APES Constitution shall be amended.

   Shall we use “10 per cent” or another figure in the Article V.2 (see below)?

   “The Quorum for a General Meeting shall be at least 10 per cent of Regular Members in attendance”.

   Note: the ISMAR Constitution uses: “forty per cent of the regular membership”, while the IES one uses: “at least 20 Members in attendance”.

4. In the Article VII.1 on the Elections shall we give voting rights to all Members (present version) - as in the IES Constitution or only to the Regular Members as in the ISMAR one?

The Name of this Society shall be the Asia-Pacific EPR/ESR Society (APES), hereinafter called "the SOCIETY".

Article II. Objectives

The objectives of the SOCIETY shall be:

1. To advance and stimulate knowledge of the principles, recent developments, and applications of Electron Paramagnetic (Spin) Resonance (EPR/ESR) spectroscopy, hereinafter referred to as EPR, and related techniques;

   To communicate information and news about EPR and its applications among its members and to serve as a clearing house on EPR among scientists in academia, government, and industry;

   To encourage appropriate and useful application of EPR in a wide variety of fields including physics, chemistry, biology, materials science, medicine, geology, and other disciplines;

   To provide a central voice for the EPR community in the Asia-Pacific region by promoting support for research and development utilising EPR through interaction with other societies, government funding agencies, and international scientific organisations;

   To stimulate educational programs on EPR and related spectroscopic techniques through organisation of schools, workshops, courses, and seminars;

   To foster scientific interaction among EPR spectroscopists throughout the Asia-Pacific region and to engage in any lawful activities which further this end.

The SOCIETY is for the Asia-Pacific region and is to cover the entire range of disciplines that use EPR.

Article III. Membership

1. The SOCIETY shall consist of Regular Members, Student Members, Postdoctoral Members, Emeritus Members, Associate Members, and Institution Members.
   1. Regular Members. Any person who has made a personal contribution to the advancement of EPR or its applications shall be eligible to become a Regular Member.

      Student Members. Any student actively engaged in EPR research or its applications shall be eligible to become a Student Member.

      Postdoctoral Members. Any person engaged in EPR research or its applications and holding a postdoctoral position shall be eligible for this status of membership for up to three years.

      Associate Members. Any person supporting the objectives of the SOCIETY, and who is not eligible as a Regular Member, shall be eligible to become an Associate Member.

      Emeritus Members. Any person whose professional activities qualify him/her for status as a Regular Member and who holds emeritus status or the equivalent.

      Institutional Members. Any institution supporting the objectives of the SOCIETY shall be eligible to become an Institutional Member.

   Admissions. Persons satisfying the required conditions may become Members of the SOCIETY, in the appropriate category, on making written application to the Secretary of the SOCIETY and on paying the membership fee established for that category.

   Rights and Privileges. All Members of the SOCIETY shall have the right to attend any meeting of the SOCIETY and to participate in the discussion, to hold office, and to vote on candidates for office and on matters of policy.

   Termination of Membership. Membership of the SOCIETY may be terminated by resignation in writing, or , as provided in Article VIII, by nonpayment of membership fees.

Article IV. Council and Officers

1. Council. The management of the SOCIETY shall be vested in a Council consisting of the President, the Vice President, the immediate Past President, the Secretary, the Treasurer, as Officers, and elected Regional Representatives. The composition of the Council shall provide for a balanced geographical distribution within the Asia-Pacific region, as well as a proper balance of researchers in different branches of EPR.

The term of office of elected members of the Council shall be three years, subject to re-election for no more than one further period of three years.

The Council shall meet at least once per year, normally during a suitable scientific conference. Business may be transacted by mail or electronic mail between meetings. The Council will determine its own rules of conduct of business.

2. President. The President shall be the chief executive officer of the SOCIETY and shall chair meetings of the Council. The President shall direct the general affairs of the SOCIETY and execute such other duties as may be determined by the Council. The term of office of the President shall be three years, and any person may serve only one term as President, except for the following two cases: (i) if the Provisional President is elected as the Founding President and (ii) if the Vice President succeeds to the office as a result of the death, disability, or resignation of the President. In either case (i) or (ii) such service shall not be counted as a regular term.

   Vice President. The Vice President will carry out any duties assigned by the President or Council, will carry out the duties of the President in the absence of that person, and shall assume the office of President in the event of the death, disability, or resignation of the President. The term of office shall be three years.

   Secretary. The Secretary shall maintain all the records of SOCIETY meetings, and be responsible for the distribution of all essential information to members. The term of office of the Secretary shall be three years, subject to re-election for no more than two further periods of three years.

   Treasurer. The Treasurer shall have custody of all funds of the SOCIETY, collect all dues and disburse funds in accordance with the direction of the Council. The Treasurer shall maintain proper books of accounts for the SOCIETY. The term of office of the Treasurer shall be three years, subject to re-election for no more than two further periods of three years.

   Executive Committee. The SOCIETY's day-to-day affairs shall be conducted by the Executive Committee in accordance with the general directions of the Council. The Executive Committee shall consist of the President, the immediate Past President, the Vice President, the Secretary, and the Treasurer.

   Founding President. During the lifetime of its founder and in recognition of his special contributions to the establishment of the Society, the Society shall maintain the personal office of the Founding President. The Founding President shall serve as a supernumerary member of the Council with voting rights for a regular three-year term, renewable by vote of the Council and shall perform such duties as may be defined by the Council.

Article V. General Meetings

1. General Meetings of the SOCIETY shall be held during suitable scientific meetings at least once every three years. All participants at that scientific meeting may attend and speak at such meetings; only members of the SOCIETY may vote. The President of the SOCIETY, or the Vice President, shall chair any General Meeting.

   Quorum. The Quorum for a General Meeting shall be at least 10 per cent of Regular Members in attendance. By decision of the Council any matter deemed to be of major impact on the SOCIETY shall be submitted to the Membership for a mail/email ballot.

Article VI. Standing Committees

1. In addition to the Executive Committee there shall be the following Standing Committees: 

Nominating Committee

Elections Committee.

The Council may appoint other Committees as required. Recommendations concerning Conferences, Symposia, Courses, and Schools shall be the business of the Executive Committee. A majority of a Committee shall constitute a quorum for business. All recommendations of the Committees are subject to approval by the Council.

2. Nominating Committee. The Nominating Committee shall consist of at least four persons appointed by the Council to serve for three years. The immediate Past President shall be an automatic member of the Nominating Committee and shall chair its meetings. The members of the Nominating Committee shall have an international distribution and reflect a range of scientific aspects of EPR. The members of the Nominating Committee may not be candidates in the elections for which they have prepared nominations. They shall have particular regard to a geographical and international distribution of nominees and to balance of scientific aspects of EPR In particular, successive Presidents should come from different countries. Nominations may also be received by petition signed by at least five Regular Members and accompanied by a written statement from the nominee of willingness to serve.

   Elections Committee. The Elections Committee shall consist of three members from different institutions appointed by the Council to serve for three years. The members of the Elections Committee may not be candidates in the elections as Officers of the SOCIETY. The Elections Committee shall conduct all elections and mail ballots of the SOCIETY.

Article VII. Elections

1. The Members shall vote on ballot papers distributed to them by the Secretary. The ballot papers shall be returned to the Office of the SOCIETY in signed, sealed envelopes by mail. Mail ballots must be received prior to a date specified by the Secretary.

   On receipt of all the ballots for an election, the Secretary shall turn over the ballots to the Elections Committee, which shall open the ballots, tally the votes, and prepare a report of the election, which shall be circulated to members of the SOCIETY.

   Elections will be held every three years. In the event that an office of the SOCIETY or a position on the Council becomes vacant due to any cause, the Nominating Committee will nominate a candidate or candidates and a special election will be carried out as soon as feasible.

Article VIII. Fees

1. Fees. The fees (annual subscription) for the various membership categories of the SOCIETY shall be determined by the Council.

   Waiver of Fees. The Treasurer may waive the membership fee of a Member for good reason. In the case of currency restrictions in a Member's country, Members shall have the option to pay their dues in the currency of their country to a Committee in that country that has been established by the SOCIETY.

   Non-payment of Fees. A Member who has not paid the appropriate membership fee by three months after the expiration of the membership period shall be sent a notice of pending termination of membership. If the fee has not been paid by six months after the expiration of the memberships period, that person shall cease to be a Member of the SOCIETY.

Article IX. Miscellaneous Provisions

1. Incorporation. The Council may arrange for the SOCIETY to be incorporated in a particular country or state, if it is deemed advantageous to do so. If, for the purposes of incorporation, the SOCIETY requires a Board of Directors or Trustees, then the members of the Council shall be the Directors or Trustees.

   Office of the SOCIETY. The Office of the SOCIETY shall be established at an address determined by the Council.

   The Financial Year of the SOCIETY shall be the same as the calendar year.

   Audit. The accounts of the SOCIETY shall be reviewed annually by appropriate independent professionals. A report shall be presented to the Council and reported to the Membership.

   Divisions. The Council may approve the formation of Divisions to encompass specialised areas of scientific interest within the EPR field, and shall determine the conditions of operation of such Divisions.

   Affiliations. 

   1. The SOCIETY is to be affiliated with the International EPR (ESR) Society in accordance with the Guidelines for Affiliation to the International EPR (ESR) Society (in Attachment 1) as long as it is deemed suitable by the Council.
   2. The SOCIETY may maintain affiliations with other appropriate organisations as determined by the Council.

   Amendments. Any provision in the constitution may be amended, or repealed by two-thirds majority of the Members casting ballots in a mail ballot, except that for the first three years of the existence of the SOCIETY a simple majority of those voting will be sufficient.

   Dissolution. The SOCIETY may be dissolved by a two-thirds majority of those Members casting ballots in a mail ballot. The assets of the SOCIETY will be distributed in a manner determined by the Council and in accordance with the provisions of the Articles of Incorporation, in a manner that is consistent with the non-profit status of the SOCIETY.