{"kind":"expression","expression":{"expr_id":"237","doc_id":"237","label":"Act 23 of 2018","is_as_enacted":"t","commenced_on":null,"superseded_on":null,"valid_from":null,"valid_to":null,"is_current":"t","incorporating":null,"akn_expr_iri":"\/akn\/ky\/act\/2018\/23\/eng@2018-01-01","akn_envelope":"{\"_canary\": {\"iri\": {\"work\": \"\/akn\/ky\/act\/2018\/23\", \"expression\": \"\/akn\/ky\/act\/2018\/23\/eng@2018-01-01\", \"manifestation\": \"\/akn\/ky\/act\/2018\/23\/eng@2018-01-01.pdf\"}, \"pdf\": {\"md5\": \"6e7d577a5c2b5338e062a686ea6a6861\", \"path\": \"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/2018\/2018-0023\/2018-0023_Act 23 of 2018.pdf\", \"pages\": 28, \"filename\": \"2018-0023_Act 23 of 2018.pdf\"}, \"errors\": [], \"extraction\": {\"model\": null, \"stats\": {\"word_count\": 7917, \"paragraph_count\": 15, \"text_char_count\": 47245}, \"usage\": null, \"method\": \"pymupdf-text\", \"version\": \"kyleg-akn-1.0\", \"extracted_at\": \"2026-06-22\"}, \"classification\": \"text_layer\", \"validation_flags\": [], \"docai_processor_id\": null}, \"akomaNtoso\": {\"act\": {\"body\": [{\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Short title and commencement\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Interpretation\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Incorporation of Cayman Islands Red Cross\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Objects and purposes\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Powers\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Constitution\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Establishment Agreement\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"Exemption from liability for Officers\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"Liability for debts of Members\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"Vesting of property\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"Execution of documents\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_12\", \"num\": \"12.\", \"text\": \"Evidence\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_13\", \"num\": \"13.\", \"text\": \"Status of Cayman Islands Red Cross\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_14\", \"num\": \"14.\", \"text\": \"Exemption from paying customs duties\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_15\", \"num\": \"15.\", \"text\": \"Saving Schedule 1 - The Fundamental Principles of the International Red Cross and Red Crescent Movement Schedule 2 - The Constitution of the Cayman Islands Red Cross, an Overseas Branch of the British Red Cross Society Schedule 3 - The Establishment Agreement of the British Red Cross Society and the Cayman Islands Red Cross The Cayman Islands Red Cross Law, 2018 Law 23 of 2018. I Assent Samuel Bulgin Acting Governor. Date: 26th October, 2018 A LAW TO PROVIDE FOR THE INCORPORATION OF THE CAYMAN ISLANDS BRANCH OF THE BRITISH RED CROSS SOCIETY AS THE CAYMAN ISLANDS RED CROSS; TO FURTHER AND TO PROTECT THE ACTIVITIES OF THE CAYMAN ISLANDS RED CROSS; AND TO MAKE PROVISION FOR INCIDENTAL AND CONNECTED MATTERS ENACTED by the Legislature of the Cayman Islands. 1. (1) This Law may be cited as the Cayman Islands Red Cross Law, 2018. (2) This Law shall come into force immediately after the dissolution of the Cayman Islands Red Cross Association incorporated under the Companies Law (2018 Revision). 2. In this Law - \u201cCayman Islands Branch\u201d means the Cayman Islands branch of the Society; \u201cCayman Islands Red Cross\u201d means the body corporate established pursuant to section 3(1); Short title and commencement (2018 Revision) Interpretation The Cayman Islands Red Cross Law, 2018 \u201cCharter\u201d means the Supplemental Royal Charter of Incorporation of the Society dated July 22, 1997 and all Supplemental Charters, Orders in Council governing the Society and Rules of the Society made pursuant to those instruments; \u201cCommittee\u201d means the governing body established pursuant to section 3(2); \u201cConstitution\u201d means the constitution of the Cayman Islands Red Cross set out in Schedule 2; \u201cemblem\u201d means the heraldic emblem of the red cross on a white ground, formed by reversing the Federal colours of Switzerland, as defined in the Geneva Convention; \u201cEstablishment Agreement\u201d means the agreement between the Society and the Cayman Islands Red Cross set out in Schedule 3; \u201cFundamental Principles\u201d means the Fundamental Principles of the Movement as set out in Schedule 1 and as may be varied by the International Conference of the Red Cross and Red Crescent, as promulgated by the Board of Trustees of the Society; \u201cGeneva Convention\u201d means the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949, Geneva Convention for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked members of Armed Forces at Sea of August 12, 1949, Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949, and the Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949 as applied to the United Kingdom and subsequent Additional Protocols which are applicable to the United Kingdom; \u201cmembers\u201d means those individuals who become members of the Cayman Islands Red Cross in accordance with the provisions of the Constitution; \u201cMovement\u201d means the International Red Cross and Red Crescent Movement; \u201cobjects\u201d means the objects and purposes of the Cayman Islands Red Cross as set out in section 4; \u201cofficer\u201d means any Member of the Committee and any person who is appointed by the Committee to hold an office in the Cayman Islands Red Cross; and \u201cSociety\u201d means the British Red Cross Society incorporated by the Charter. Schedule 2 Schedule 3 Schedule 1 The Cayman Islands Red Cross Law, 2018 3. (1) There is established a body corporate, to be called The Cayman Islands Red Cross, having perpetual succession and a common seal, with the exclusive right to use that name in the Islands and with power to sue and liability to be sued in all courts. (2) The Cayman Islands Red Cross shall have a governing body to be known as the Committee of the Cayman Islands Red Cross which ishall be responsible for the exercise of the powers conferred and the performance of the duties imposed on the Cayman Islands Red Cross by this Law and the Constitution. (3) The persons who were members of the committee of the Cayman Islands Red Cross Association immediately before the commencement of this Law shall be the members of the Committee of the Cayman Islands Red Cross upon the commencement of this Law, subject to the Constitution. 4. (1) The objects and purposes of the Cayman Islands Red Cross are - (a) to provide assistance to victims of armed conflicts; and (b) to work for the improvement of health, for the prevention of disease and for the prevention and alleviation of human suffering in the Islands and throughout the world. (2) In carrying out its objects and purposes, the Cayman Islands Red Cross shall act at all times in accordance with the Fundamental Principles, the Constitution and the Establishment Agreement. 5. The Cayman Islands Red Cross shall have the following powers which may be exercised only in furtherance or promotion of its objects - (a) to act as an autonomous auxiliary to the public authorities in the humanitarian field, with a special role in enhancing respect for humanitarian values and human dignity; (b) to disseminate knowledge of the Fundamental Principles and of International Humanitarian Law through publications, education programmes and in other ways; (c) to co-operate with the Government of the Islands to ensure respect for International Humanitarian Law and to protect the Red Cross, Red Crescent and Red Crystal emblems; (d) to enter into and perform its obligations under the Establishment Agreement; (e) to publish in, or distribute information to, any media; (f) to co-operate with other bodies; (g) to support and administer other charities within the Islands; Incorporation of Cayman Islands Red Cross Objects and purposes Powers The Cayman Islands Red Cross Law, 2018 (h) to establish other charities, but only with the prior written approval of the Society; (i) to raise funds by any legal means which are in conformity with the principles, policies and regulations of the Movement; (j) to borrow money and give security for loans; (k) to acquire by purchase or otherwise and hold, sell, dispose of and deal in real property situated within the Islands and in personal property of all kinds wherever situated; (l) to acquire and hold land on lease for the purposes of the Cayman Islands Red Cross for any lawful period; (m) to make grants or loans of money; (n) to set aside funds for special purposes or as reserves against future expenditure; (o) to deposit or invest funds in any lawful manner; (p) to insure its property and itself against loss or liability to loss; (q) to employ paid or unpaid agents, staff or advisers; (r) to enter into contracts to provide services to or on behalf of other bodies; (s) to pay the costs of forming the Cayman Islands Red Cross; and (t) to do anything else within the law which promotes or helps to promote the Objects. 6. (1) The administration of the Cayman Islands Red Cross shall be regulated by the Constitution which shall become effective upon the commencement of this Law. (2) The Cayman Islands Red Cross may alter, amend or modify the Constitution in accordance with its terms. (3) The Cayman Islands Red Cross shall have a - (a) a Chair, deputy Chair and treasurer who shall be members of the Committee; and (b) have a director, secretary and such other officers who may or may not be members of the Committee, and who shall be appointed in such manner and hold office for such period as the Constitution provides. (4) The persons acting as the Chair, deputy Chair, treasurer, director, secretary or other officer of the Cayman Islands Branch immediately before the commencement of this Law shall hold the same offices in the Cayman Islands Red Cross upon the commencement of this Law, subject to the provisions of the Constitution. Constitution The Cayman Islands Red Cross Law, 2018 7. (1) Upon the commencement of this Law, the Cayman Islands Red Cross shall be deemed to be a party to the Establishment Agreement in place of the Cayman Islands Branch. (2) The Cayman Islands Red Cross and the Society may alter, amend, modify or terminate the Establishment Agreement in accordance with its terms. 8. (1) Officers of the Cayman Islands Red Cross, acting in relation to any of the affairs of the Cayman Islands Red Cross, shall be exempt from any liability attaching to them by virtue of any rule of law, except in respect of any fraud, negilgence or dishonesty of which the officer may be guilty. (2) The Cayman Islands Red Cross may in the Constitution or in any contract or agreement between it and its officers, employees or volunteers indemnify such officers, employees and volunteers in respect of any loss arising or liability attaching to the officer, employee or volunteer by virtue of any rule of law in relation to any of the affairs of the Cayman Islands Red Cross. (3) The indemnification under subsection (2) shall not extend to any matter in respect of any fraud, negligence or dishonesty of which the officer, employee or volunteer may be guilty. (4) The Cayman Islands Red Cross may purchase and maintain insurance - (a) for the benefit of any officer, employee or volunteer against any liability incurred by the officer, employee or volunteer in the capacity of officer, employee or volunteer; or (b) indemnifying such officer, employee or volunteer in respect of any loss arising or liability attaching to the officer, employee or volunteer by virtue of any rule of law in relation to any of the affairs of the Cayman Islands Red Cross. 9. (1) The liability of any member of the Cayman Islands Red Cross for the debts and legal obligations of the Cayman Islands Red Cross shall be limited to the amount for the time being owing by that member to the Cayman Islands Red Cross by way of subscription or otherwise, except as respects any debt or legal obligation of the Cayman Islands Red Cross for which the member has expressly agreed to be responsible either alone or with another member or person; but otherwise the property of the Cayman Islands Red Cross shall be liable for its debts and obligations. 10. Any property, assets and rights in the Islands which immediately before the commencement of this Law were vested in the Cayman Islands Branch or the Society and under the control of the Cayman Islands Branch, as then constituted, Establishment Agreement Exemption from liability for Officers Liability for debts of Members Vesting of property The Cayman Islands Red Cross Law, 2018 shall, on the commencement of this Law, vest in the Cayman Islands Red Cross as incorporated by this Law; and any legal obligations or liabilities incurred before the commencement of this Law by the Cayman Islands Branch, as then constituted, and remaining unsatisfied, shall on the commencement of this Law devolve on the Cayman Islands Red Cross as incorporated by this Law. 11. (1) The Cayman Islands Red Cross may make and execute any document in the performance or exercise of its duties or powers or in connection with any matter reasonably incidental to or consequential upon the performance or exercise of its duties or powers. (2) Contracts on behalf of the Cayman Islands Red Cross may be made as follows - (a) deeds and other instruments requiring the seal of the Cayman Islands Red Cross shall be authorised or ratified by resolution of the Committee, and shall be signed in such manner as the Constitution provides; (b) a contract which, if made between private persons, would be by law required to be in writing and signed by the parties to be charged, may be made on behalf of the Cayman Islands Red Cross in writing  and signed by any person acting under its authority, express or implied; and (c) a contract which, if made between private persons, would by law be valid although made by parol only, and not reduced into writing, may be made by parol on behalf of the Cayman Islands Red Cross by any person acting under its authority, express or implied. (3) A contract made according to this section shall be effectual in law, and shall bind the Cayman Islands Red Cross and its successors and all other parties to the contract. (4) A contract made according to this section may be varied or discharged in the same manner in which it is authorized by this section to be made. 12. Books and other documents which would, before the commencement of this Law, have been evidence in respect of any matter for or against the Cayman Islands Branch shall be admissible in evidence in respect of the same matter for or against the Cayman Islands Red Cross. 13. The Cayman Islands Red Cross is an Overseas Branch of the British Red Cross Society, defined by the Charter. Execution of documents Evidence Status of Cayman Islands Red Cross The Cayman Islands Red Cross Law, 2018 14. The Cayman Islands Red Cross is exempt from paying any duty under the Customs Law (2018 Revision) for the importation of personal goods to be used in the carrying out of its objects and purposes under this Law. 15. Nothing in this Law shall affect or be deemed to affect the rights and powers of the Government of the Islands or of Her Majesty The Queen, Her Heirs or Successors or the rights and powers of the British Red Cross Society under its Royal Charter, except as mentioned in this Law. SCHEDULE 1 (Section 2) THE FUNDAMENTAL PRINCIPLES OF THE INTERNATIONAL RED CROSS AND RED CRESCENT MOVEMENT HUMANITY The International Red Cross and Red Crescent Movement, born of a desire to bring assistance without discrimination to the wounded on the battlefield, endeavours, in its international and national capacity, to prevent and alleviate human suffering wherever it may be found. Its purpose is to protect life and health and to ensure respect for the human being. It promotes mutual understanding, friendship, co-operation and lasting peace amongst all peoples. IMPARTIALITY It makes no discrimination as to nationality, race, religious beliefs, class or political opinions. It endeavours to relieve the suffering of individuals, being guided solely by their needs, and to give priority to the most urgent cases of distress. NEUTRALITY In order to continue to enjoy the confidence of all, the Movement may not take sides in hostilities or engage at any time in controversies of a political, racial, religious or ideological nature. INDEPENDENCE The Movement is independent. The National Societies, while auxiliaries in the humanitarian services of their governments and subject to the laws of their respective countries, must always maintain their autonomy so that they may be able at all times to act in accordance with the principles of the Movement. VOLUNTARY SERVICE It is a voluntary relief movement not prompted in any manner by desire for gain. Exemption from paying customs duties (2018 Revision) Saving The Cayman Islands Red Cross Law, 2018 UNITY There can be only one Red Cross or one Red Crescent Society in any one country. It must be open to all. It must carry on its humanitarian work throughout its territory. UNIVERSALITY The International Red Cross and Red Crescent Movement, in which all Societies have equal status and share equal responsibilities and duties in helping each other, is worldwide. SCHEDULE 2 (Section 2) CONSTITUTION OF THE CAYMAN ISLANDS RED CROSS, AN OVERSEAS BRANCH OF THE BRITISH RED CROSS SOCIETY Dated the 17th day of January 2000 BACKGROUND A) By Article 5.21 of the Royal Charter of The British Red Cross Society dated 22nd July 1997 the Society has the power to establish Overseas Branches as separate legal entities in accordance with the relevant local law. B) The Society and the Overseas Branch have agreed the terms of the Establishment Agreement which will be entered into on the date of the adoption of this Constitution. 1. Name The name of the Overseas Branch is THE CAYMAN ISLANDS, AN OVERSEAS BRANCH OF THE BRITISH RED CROSS SOCIETY, known as THE CAYMAN ISLANDS RED CROSS (\u201cthe Overseas Branch\u201d). 2. Definitions 2.1 \\\"AGM\\\" means an annual general meeting of the members of the Overseas Branch; 2.2 \u201cthe Chair\u201d means the Chair of the Overseas Branch; The Cayman Islands Red Cross Law, 2018 2.3 \\\"clear day\\\" means 24 hours from midnight following the triggering event; 2.4 \\\"Committee\\\" means the governing body of the Overseas Branch; 2.5 \\\"EGM\\\" means an extraordinary general meeting of the members of the Overseas Branch; 2.6 \\\"Establishment Agreement\\\" means the establishment agreement referred to in the Act between the Overseas Branch and the Society which is designed to regulate their relationship; 2.7 \\\"the Fundamental Principles\\\" means the Fundamental Principles of the International Red Cross and Red Crescent Movement as set out in the Schedule as may be defined from time to time by the International Conference of the Red Cross and Red Crescent and as promulgated by the Board; 2.8 \\\"the Objects\\\" means the objects of the Overseas Branch as set out in Clause 3; 2.9 \\\"Patron\\\" means a patron of the Overseas Branch appointed under Clause 10; 2.10 \u201cthe Rules\u201d means the rules of the Overseas Branch as determined by the Committee under Clause 9; 2.11 \u201cthe Secretary\u201d means the secretary of the Overseas Branch; 2.12 \\\"the Society\\\" means The British Red Cross Society incorporated under the laws of England by Royal Charter dated 22nd July, 1997 registered charity number 220949 whose National Headquarters is at 9 Grosvenor Crescent, London SW1X 7EJ United Kingdom; 2.13 \u201cthe Territory\u201d means The Cayman Islands Words importing the singular number shall include the plural number and vice versa; words importing the masculine gender only shall include the feminine and neuter gender. 3. Objects The objects and purposes of the Overseas Branch are: 3.1 To provide assistance to victims of armed conflicts; The Cayman Islands Red Cross Law, 2018 3.2 To work for the improvement of health, for the prevention of disease and for the prevention and alleviation of human suffering in the Territory and throughout the world. In the interests of clarity, the Objects in clause 3.2 above include providing assistance to victims of natural disasters. In carrying out these Objects the Overseas Branch shall act at all times in accordance with the Fundamental Principles. 4. Powers The Overseas Branch shall have the following powers which may be exercised only in furtherance or promotion of the Objects: 4.1 to act as an autonomous auxiliary to the public authorities in the humanitarian field, with a special role in enhancing respect for humanitarian values and human dignity; 4.2 to disseminate knowledge of the Fundamental Principles and of International Humanitarian Law through publications, education programmes and in other ways; 4.3 to co-operate with the Government of the Territory to ensure respect for International Humanitarian Law and to protect the Red Cross and Red Crescent emblems; 4.4 to enter into and perform its obligations under the Establishment Agreement with the Society; 4.5 to publish in, or distribute information to any media whatever; 4.6 to co-operate with other bodies; 4.7 to support and administer other charities within the Territory; 4.8 to establish other charities, but only with the prior written approval of the Society; 4.9 to raise funds by any legal means which are in conformity with the principles, policies and regulations of the International Red Cross and Red Crescent Movement, including charging membership fees; 4.10 to borrow money and give security for loans; 4.11 to acquire or hire property of any kind; 4.12 to let or dispose of property of any kind; 4.13 to make grants or loans of money; 4.14 to set aside funds for special purposes or as reserves against future expenditure; 4.15 to deposit or invest funds in any lawful manner (but to invest only after obtaining advice from a financial expert and having regard to the suitability of the investments and the need for diversification); 4.16 to insure the Overseas Branch\u2019s property against any foreseeable risk The Cayman Islands Red Cross Law, 2018 and take out other insurance policies to protect the Overseas Branch where required; 4.17 to insure members of the Committee against the costs of a successful defence to a criminal prosecution brought against them as trustees or against personal liability incurred in respect of any act or omission which is or is alleged to be a breach of trust or breach of duty (unless the member concerned knew that, or was reckless whether, the act or omission was a breach of trust or breach of duty); 4.18 to employ paid or unpaid agents, staff or advisers; 4.19 to enter into contracts to provide services to or on behalf of other bodies; 4.20 to pay the costs of forming the Overseas Branch; 4.21 to do anything else within the law which promotes or helps to promote the Objects. 5. Membership 5.1 Membership of the Overseas Branch shall be open to any individual who is aged 5 years or over provided that only members aged 18 years or over shall be entitled to vote at meetings of the Overseas Branch. Membership is open to everyone without any discrimination based on nationality, race, sex, class, religion, or political opinions. 5.2 Each member is required to: (a) uphold the Fundamental Principles; (b) obey the Rules; (c) abide by the said Royal Charter of the Society; and (d) uphold the values and reputation of the Overseas Branch and of the Society. 5.3 The Committee must keep a register of members. 5.4 A member may resign by written notice to the Overseas Branch. 5.5 The Committee may terminate the membership of any individual whose continued membership would in the reasonable view of the Committee be harmful to the Overseas Branch (but only after notifying the member concerned in writing and considering the matter in the light of any written representations which the member puts forward within 14 clear days after receiving notice). 5.6 Membership of the Overseas Branch is personal and is not transferable. The Cayman Islands Red Cross Law, 2018 6. General Meetings 6.1 All members are entitled to attend general meetings of the Overseas Branch. 6.2 General meetings are called by 14 clear days' written notice to the members signed by the Chair or the Secretary specifying the business to be transacted; 6.3 There is a quorum at a general meeting if the number of members personally present is at least 10 percent of the members, provided any member who has failed to pay any membership fee due to the Overseas Branch shall not be included. 6.4 The Chair or (if the Chair is unable or unwilling to do so) some other member elected by those present presides at a general meeting. 6.5 Except where otherwise provided in this Constitution, every issue at a general meeting is determined by a simple majority of the votes cast by the members present in person. 6.6 Except for the chair of the meeting, who has a second or casting vote, every member present in person is entitled to one vote on every issue. 6.7 An AGM must be held in every year (except that the first AGM may be held at any time within 18 months after the formation of the Overseas Branch). 6.8 At an AGM the members: 6.8.1 receive the audited accounts of the Overseas Branch for the previous financial year; 6.8.2 receive the report of the Committee on the Overseas Branch's activities since the previous AGM; 6.8.3 elect members to the Committee to replace those retiring from office; 6.8.4 appoint an auditor for the Overseas Branch; 6.8.5 discuss and determine any issues of policy or deal with any other business put before them. 6.9 An EGM may be called at any time by the Committee and must be called within 14 days after a written request to the Committee from at least one-third of the members. The Cayman Islands Red Cross Law, 2018 7. The Committee 7.1 The Committee has control of the Overseas Branch and its property and funds. 7.2 The Committee shall consist of at least three and not more than 12 individuals, all of whom must be members (but must not be paid employees) of the Overseas Branch who are aged 18 years or over. 7.3 Each member of the Committee should have the following characteristics: (a) a commitment to the Fundamental Principles; (b) a willingness to devote the necessary time and effort; (c) integrity; (d) good judgement; (e) an ability to think creatively; (f) a willingness to speak his mind. 7.4 The skills and experience of Committee members should reflect the work of the Overseas Branch. So far as possible the Committee members should include a balanced representation both of areas of expertise and of the interests of stakeholders. 7.5 The Committee may co-opt up to one-third of its members who shall serve until the next AGM. The Committee may renew any co-option for a further period of three years. 7.6 One-third (or the number nearest one-third) of the elected Committee members must retire from office at each AGM, those longest in office retiring first and the choice between any of equal service being made by drawing lots. An elected Committee member may serve a maximum of two such three year terms, after which he must retire from office for a minimum period of one year expiring on the date of the next AGM or a longer period. 7.7 A Committee member automatically ceases to be a member of the Committee if he: 7.7.1. is disqualified under any law from acting as a charity trustee; 7.7.2. is incapable, whether mentally or physically, of managing his own affairs; The Cayman Islands Red Cross Law, 2018 7.7.3 is absent from four consecutive meetings of the Committee without good cause; 7.7.4 ceases to be a member of the Overseas Branch (but such a person may be reinstated by resolution of all the other members of the Committee on resuming membership of the Overseas Branch); 7.7.5 resigns by written notice to the Committee (but only if at least two members of the Committee will remain in office); 7.7.6 is removed by a resolution passed by all the other members of the Committee after inviting the views of the member of the Committee concerned and considering the matter in the light of any such views. 7.8 A retiring Committee member is entitled to an indemnity from the continuing Committee members at the expense of the Overseas Branch in respect of any liabilities properly incurred while he held office. 7.9 A technical defect in the appointment of a Committee member of which the Committee is unaware at the time does not invalidate decisions taken at a meeting. 8. Committee Meetings 8.1 The Committee must hold at least four meetings each year. 8.2 A quorum at a Committee meeting is one-third of its members. 8.3 The Chair or (if the Chair is unable or unwilling to do so) some other member of the Committee chosen by the members present presides at each Committee meeting. 8.4 Every issue may be determined by a simple majority of the votes cast at a Committee meeting but a resolution which is in writing and signed by all members of the Committee is as valid as a resolution passed at a meeting and for this purpose the resolution may be contained in more than one document and will be treated as passed on the date of the last signature. 8.5 Except for the chair of the meeting, who has a second or casting vote, every member of the Committee has one vote on each issue. 9. Powers of the Committee The Committee has the following powers in the administration of the Overseas Branch: The Cayman Islands Red Cross Law, 2018 9.1 to appoint from among their number the Chair,  and the Secretary and, as it thinks fit, a Treasurer and other honorary officers; 9.2 to delegate any of its functions to sub-committees consisting of two or more persons appointed by them; 9.3 to delegate the day to day management and administration of the Overseas Branch to its staff (where applicable); 9.4 to make Rules consistent with this Constitution to govern the operation of the Overseas Branch and proceedings of meetings and committees; 9.5 to resolve or establish procedures to assist the resolution of disputes within the Overseas Branch; 9.6 to exercise any powers of the Overseas Branch which are not reserved to a general meeting. 10. Patrons 10.1 The Committee may appoint any suitable person as a Patron of the Overseas Branch and on such terms as it shall think fit and may remove such person. 10.2 A Patron shall have the right to attend and speak (but not vote) at any general meeting of the Overseas Branch and to be given notice as if a member. 10.3 The Committee must inform the Society of the appointment of a Patron. 11. Property and Funds 11.1 The property and funds of the Overseas Branch must be used only for promoting the Objects and do not belong to the members of the Overseas Branch or the Committee. 11.2 No Committee member may receive any payment of money or other material benefit (whether direct or indirect) from the Overseas Branch except: 11.2.1 under 11.2.6 (fees); The Cayman Islands Red Cross Law, 2018 11.2.2 reimbursement of reasonable out of pocket expenses (including hotel and travel costs) actually incurred in the administration of the Overseas Branch; 11.2.3 interest at a reasonable rate on money lent to the Overseas Branch; 11.2.4 a reasonable rent or hiring fee for property let or hired to the Overseas Branch; 11.2.5 an indemnity in respect of any liabilities properly incurred in running the Overseas Branch (including the costs of a successful defence to criminal proceedings); 11.2.6 any Committee member who possesses specialist skills or knowledge, and any firm or company of which such a person is a member or employee, may charge and be paid reasonable fees for work carried out for the Overseas Branch on the instructions of the other members of the Committee but- (i) only if the procedure prescribed by clause 11.3 is followed in selecting the member, firm or company concerned and setting the fees; and (ii) provided that this provision may not apply to more than one- quarter of the members of the Committee in any financial year; 11.2.7 in the case of an individual member, charitable benefits in his capacity as a beneficiary. 11.3 Whenever a Committee member has a personal interest in a matter to be discussed at a Committee meeting, the Committee member must: 11.3.1 declare an interest before discussion begins on the matter; 11.3.2 withdraw from that part of the meeting unless expressly invited to remain in order to provide information; 11.3.3 not be counted in the quorum for that part of the meeting; 11.3.4 withdraw during the vote and have no vote on the matter. 12.   Records and Accounts 12.1     The Committee must keep proper records of - 12.1.1 all proceedings at general meetings; 12.1.2 all proceedings at meetings of the Committee; 12.1.3 all reports of sub-committees; 12.1.4 all professional advice obtained. 12.2 Annual reports and audited statements of account relating to the Overseas Branch must be made available for inspection by any member and Patron of the Overseas Branch and by the Society. The Cayman Islands Red Cross Law, 2018 13. Notices 13.1 Notices under this Constitution may be sent by hand, or by post, or by suitable electronic means or (where applicable to members generally) may be published in any suitable journal or newspaper circulating in the Territory or in any newsletter distributed by the Overseas Branch. 13.2 The address at which a member is entitled to receive notices is the address noted in the register of members (or, if none, the last known address). 13.3 Any notice given in accordance with this Constitution is to be treated for all purposes as having been received: 13.3.1 24 hours after being sent by electronic means or delivered by hand to the relevant address; 13.3.2 five clear days after being sent by first class post to that address; 13.3.3 seven clear days after being sent by second class post or overseas post to that address; 13.3.4 on the date of publication of a journal or newspaper containing the notice; 13.3.5 on being handed to the member personally or, if earlier; 13.3.6 as soon as the member acknowledges actual receipt. 13.4 A technical defect in the giving of notice of which the members or the members of the Committee are unaware at the time does not invalidate decisions taken at a meeting. 14. Amendments This Constitution may be amended at a general meeting by a two-thirds majority of the votes cast, but the members must be given 21 clear days' written notice of the proposed amendments. 14.1 No amendment is valid unless or until it has received the prior written approval of the Board of Trustees of the Society. 15. Dissolution The Overseas Branch may be dissolved by a resolution of the Committee passed by a two-thirds majority of the members of the Committee present and voting. Any surplus after the satisfaction of the Overseas Branch's debts and liabilities shall be paid to the Society. The Cayman Islands Red Cross Law, 2018 SCHEDULE 3 (Section 2) THE BRITISH RED CROSS SOCIETY AND THE CAYMAN ISLANDS RED CROSS, AN OVERSEAS BRANCH OF THE BRITISH RED CROSS SOCIETY ESTABLISHMENT AGREEMENT Dated the 10th day of July 2000. BETWEEN THE BRITISH RED CROSS SOCIETY incorporated by Royal Charter, registered charity number 220949 whose National Headquarters is at 9 Grosvenor Crescent, London, SW1X 7EJ (\\\"the Society\\\") (1) and THE CAYMAN ISLANDS RED CROSS, AN OVERSEAS BRANCH OF THE BRITISH RED CROSS SOCIETY established under the laws of the Cayman Islands (\u201cthe Branch\\\") (2) Background A. Under Article 5.21 of the Royal Charter the Society has the power to establish Overseas Branches as separate legal entities in accordance with the relevant local law and to enter into and terminate agreements with such organisations as the Board may think fit and to take such steps as may be necessary to terminate such arrangements. B. Under Article 2.11 of the Royal Charter \\\"Overseas Branches\\\" are defined as \\\"the branches of the Society established by the Board of Trustees from time to time in British Dependent Territories. Such Overseas Branches may be established as separate legal entities in accordance with the relevant local law, but shall be part of the Society for the purposes of the International Red Cross and Red Crescent Movement.\\\" C. The Branch is established under the laws of the Territory and has its own constitution dated the 17th day of January 2000. D. By a Resolution dated the 13th day of January 1998 the Board of Trustees of the Society resolved to recognise the Branch as the Society's Branch in the Territory in accordance with the Royal Charter and upon The Cayman Islands Red Cross Law, 2018 the terms of this Agreement for the purpose of promoting and furthering the Objects in the Territory. NOW IT IS HEREBY agreed as follows: 1. Definitions Except where the context otherwise requires in this Agreement: 1.1 \u201cthe Board\u201d means the Board of Trustees of the Society; 1.2 \u201cthe Branches\u201d means the Society\u2019s Branches wherever they may be located; 1.3 \u201cthe Director\u201d means the International Director of the Society or the equivalent post for the time being; 1.4 \u201cthe Emblem\u201d means the Red Cross Emblem authorised by the Defence Council for use by the Society under the Geneva Conventions Act 1957; 1.5 \u201cFundamental Principles\u201d means the Fundamental Principles of the International Red Cross and Red Crescent Movement as set out in the Schedule to this Agreement and as may from time to time be varied by the International Conference of the Red Cross and Red Crescent and as promulgated by the Board; 1.6 \u201cthe Movement\u201d means the International Red Cross and Red Crescent Movement; 1.7 \u201cthe Names\u201d means The British Red Cross Society, or BRCS or the designation \u201cRed Cross\u201d or similar; 1.8 \u201cthe Objects\u201d means the objects of  the Society set out in Article 4 of the Royal Charter; 1.9 \u201cRoyal Charter\u201d means the Supplemental Royal The Cayman Islands Red Cross Law, 2018 Charter of the Society dated 22 July 1997; 1.10 \u201cStatutes of the Movement\u201d means the Statutes of the International Red Cross and Red Crescent Movement as adopted by the 25th International Conference of the Red Cross in October 1986 and as may from time to time be varied by the International Conference of the Red Cross and Red Crescent; 1.11 \u201cthe Territory\u201d means the Cayman Islands. 2. Authorisation 2.1 In consideration of the undertakings given by the Branch in this Agreement the Society hereby authorises the Branch to use the Names and Emblem in the Territory on the terms of this Agreement and subject to relevant local legislation. Provided that such use conforms to the relevant international and national legislation and the regulations governing the use of the Names and Emblem currently in force. In addition such use must not impose or create any liability on the Society. 2.2 For the avoidance of doubt, the authorisation shall not inhibit the right of the Society itself to use the Names and the Emblem and in such ways as it shall from time to time think fit subject to the relevant legislation and regulations whether in the Territory or beyond. 2.3 The Branch will at the request of the Society give full co-operation to the Society in any action, claim or proceedings brought or threatened in respect of the Names and the Emblem and will itself take such steps which are within its powers to protect the Names and the Emblem. 3. Obligations of the Branch 3.1 The Branch shall act at all times in accordance with the following: 3.1.1. the Fundamental Principles; 3.1.2. the Statutes of the Movement; 3.1.3. decisions made from time to time by the statutory bodies of the Movement; 3.1.4. the recognised practices of the Movement; The Cayman Islands Red Cross Law, 2018 3.1.5. such directions as to general policy as the Board of Trustees shall from time to time prescribe; 3.1.6. the international policy of the Society as it is laid down from time to time; 3.1.7. decisions made by the Director on behalf of the Board; 3.1.8. all relevant national and international laws. 3.2 The Branch will not alter, add to or otherwise amend its Constitution without the prior written approval of the Board. 3.3 The Branch undertakes that it shall use its best endeavours to ensure full compliance with all legal requirements and full accountability to groups such as service users, members, volunteers, staff, donors and the general public. 3.4 The Branch undertakes that it will maintain adequate controls, policies and procedures to ensure that proper accounting records are kept. 3.5 The Branch, being responsible for safeguarding its assets, undertakes to take reasonable steps for the prevention and detection of fraud and other irregularities. 3.6 The Branch undertakes that it will not bring the Names or Emblem into disrepute in any way whatsoever. 3.7 The Branch undertakes that it will make use of the Names and Emblem only by such means as:- 3.7.1. will not damage or conflict with the good name and reputation of the Society; 3.7.2. will not give rise to reasonable objection by the Society; 3.7.3. are consistent with and which further and promote the charitable purposes of the Society; 3.7.4. are in conformity with the authorisation to use the Names and Emblem. 3.8 The Branch undertakes that it will not resource any member organisation of the Movement or any other organisation whatsoever without the prior written consent of the Director. 3.9 The Branch undertakes that it will use all reasonable endeavours to ensure that each member of its governing body has the following attributes:- The Cayman Islands Red Cross Law, 2018 3.9.1. a commitment to the Fundamental Principles, the Society and its Objects, its values and its equal opportunities policy; 3.9.2. an appreciation of the Movement; 3.9.3. an appreciation of the Society's activities; 3.9.4. a willingness to devote the necessary time and effort, including regular attendance at meetings of the Branch; 3.9.5. integrity. 4. Rights of the Branch 4.1 As part of the Society the Branch shall have the right to approach the Director for advice or support on matters relating to the effective implementation of this Agreement and of its obligations hereunder. 4.2 The Branch shall have the right to approach the Director for advice or support in developing its activities. 4.3 The Branch shall also have the right to approach the Director with suggestions regarding any policies or matters relevant to its work. 4.4 Members of the Branch shall be treated as Members of the Society and shall be entitled:- 4.4.1. to use the Society's uniforms and badges; 4.4.2. to participate in the Society's awards. 5. Reporting 5.1 The Branch shall send to the Society by 1 January each year its approved plan and budget for that year. This will include details of projects and of the Branch's overall activities. 5.2 The Branch shall send to the Society within 3 months of the end of each financial year a copy of its annual report and financial statements. An accountant\u2019s review of the financial statements shall be provided within 12 months of the year end. 5.3 The Branch shall in addition report regularly on operational matters to the Director, at intervals to be set by him who will have the right on behalf of the Society to provide guidance or to take whatever action may be reasonable in the circumstances, to help the Branch meets its obligations under Clause 3. The Cayman Islands Red Cross Law, 2018 6. Relations 6.1 The Society shall be responsible for relations with the British Government in London; with other individuals or organisations in the United Kingdom; with other components of the Movement; and with Governments, individuals and organisations outside the Territory. However, the Society may permit the Branch to have direct contacts with components of the Movement or their representatives in the Territory or region; or the Society's own Branches or with other individuals or organisations outside the Territory, subject to specified parameters. 6.2 The Branch shall be responsible for relations with the Governor and other authorities of the Territory but will keep the Society informed of such contacts at regular intervals. The Society has the right to approach the Governor or other authorities in the Territory and in normal circumstances will advise the Branch of such communications. 7. Mediation In the event of any disagreement or dispute between the Branch and the Society, the parties shall first endeavour to resolve it through discussion and mediation using, if appropriate, the offices of a mediator in accordance with appropriate procedures established by a body recognised for its role in facilitating mediation such as the Centre for Dispute Resolution in London. 8. Interim Measures In the event of breach of this Agreement or of a continuing disagreement the Board may serve notice in writing taking one or more of the following actions:- 8.1 Request an explanation within a specific time period; 8.2 Suspend the operation of Clauses 2 and\/or 4 of this Agreement; 8.3 Require any or all members of the governing body of the Branch to resign and that any new members be appointed with the Board\u2019s prior written approval; 8.4 Require that the management of the Branch should be temporarily transferred to the Director; The Cayman Islands Red Cross Law, 2018 8.5 Any other lawful measures which are reasonable in the circumstances. 9. Termination 9.1 The following breaches are fundamental and shall entitle the Society forthwith to terminate this Agreement: 9.1.1. failure on the part of the Branch to perform any of its obligations under this Agreement; 9.1.2. the voluntary or compulsory liquidation of the Branch. 9.2 This Agreement may be terminated by the Society on not less than 3 months\u2019 notice in writing to expire at any time. 9.3 This Agreement may be terminated by the Branch on not less than 6 months\u2019 notice in writing to expire at any time. 9.4 Such termination shall be without prejudice to any right or remedy of either party against the other subsisting at the time of termination. 9.5 In the event of termination the Branch shall cease to use the Names and Emblem; its members shall cease to be members of the Society and the Branch shall cease to be part of the Movement. In these circumstances the Society shall have the right to make such arrangements for carrying out the work of the Society in the Territory as the Society shall think fit. 10. Miscellaneous 10.1 This Agreement shall be governed by the laws of England and Wales and subject to Clause 7 the parties hereto submit to the exclusive jurisdiction of the courts of England and Wales. 10.2 The parties are not partners or joint venturers nor is the Branch entitled to act as the agent of the Society nor shall the Society be liable in respect of any representation, act or omission of the Branch of whatsoever nature. 10.3 This Agreement may be amended by written agreement between the parties. For the purposes of the Branch, this will take the form of a special resolution of the members of the Branch which is a resolution that has been passed by two thirds of the members of the Branch present and voting at a duly convened meeting of the members of the Branch of which 21 clear days\u2019 notice was given (i.e. exclusive of the date upon which the notice was despatched and date of the meeting). The said The Cayman Islands Red Cross Law, 2018 resolution, duly certified by an officer of the Branch, must be sent in writing to the Director. The Director will consult relevant colleagues as soon as possible (keeping the Branch informed of progress) until a decision has been made and, if appropriate, a document amending the Agreement has been signed. 10.4 Any notice to be served on either of the parties by the other shall be sent by registered post or by facsimile transmission or by e-mail to the address stated above or to the recipient's usual fax or e-mail address and should be deemed to have been received by the addressee by registered post within business hours within seven working days of posting or within 24 hours if sent by facsimile or e-mail transmission to the correct number (with correct answer-back of the addressee in the case of fax). Passed by the Legislative Assembly the 12th day of September, 2018. Dr. Hon. W. McKeeva Bush Speaker. Zena Merren-Chin Clerk of the Legislative Assembly.\", \"element\": \"section\", \"heading\": null}], \"meta\": {\"notes\": null, \"workflow\": null, \"lifecycle\": {\"source\": \"#cilegis\", \"eventRef\": [{\"eId\": \"e_commence_2018_01_01\", \"date\": \"2018-01-01\", \"type\": \"generation\", \"source\": \"#cilegis\"}]}, \"references\": {\"source\": \"#canary\", \"TLCRole\": [], \"TLCEvent\": [{\"eId\": \"ev_commencement\", \"href\": \"\/akn\/ontology\/canary\/event\/commencement\", \"showAs\": \"commencement\"}], \"TLCPerson\": [], \"TLCConcept\": [{\"eId\": \"inForce\", \"href\": \"\/akn\/ontology\/canary\/concept\/temporal\/in-force\", \"showAs\": \"in force\"}], \"TLCProcess\": [], \"TLCLocation\": [], \"TLCOrganization\": [{\"eId\": \"cilegis\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\", \"showAs\": \"Cayman Islands legislation mirror (kyleg)\"}]}, \"temporalData\": {\"source\": \"#cilegis\", \"temporalGroup\": [{\"eId\": \"tg_inforce_2018_01_01\", \"timeInterval\": [{\"end\": null, \"start\": \"#e_commence_2018_01_01\", \"duration\": null, \"refersTo\": \"#inForce\"}]}]}, \"classification\": null, \"identification\": {\"source\": \"#cilegis\", \"FRBRWork\": {\"FRBRuri\": \"\/akn\/ky\/act\/2018\/23\", \"FRBRdate\": [{\"date\": \"2018-01-01\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/2018\/23\/!main\", \"FRBRalias\": [{\"name\": \"cmsId\", \"value\": \"2018-0023\"}], \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRnumber\": \"23 of 2018\", \"FRBRcountry\": \"ky\", \"FRBRsubtype\": \"principal\"}, \"FRBRExpression\": {\"FRBRuri\": \"\/akn\/ky\/act\/2018\/23\/eng@2018-01-01\", \"FRBRdate\": [{\"date\": \"2018-01-01\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/2018\/23\/eng@2018-01-01\/!main\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRlanguage\": \"eng\"}, \"FRBRManifestation\": {\"FRBRuri\": \"\/akn\/ky\/act\/2018\/23\/eng@2018-01-01.xml\", \"FRBRdate\": [{\"date\": \"2026-06-22\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/2018\/23\/eng@2018-01-01.xml\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRformat\": \"application\/xml\"}}}, \"name\": \"act\", \"header\": {\"title\": \"Cayman Islands Red Cross Act\", \"actNumber\": \"23 of 2018\", \"longTitle\": null}}, \"doc\": null, \"bill\": null, \"judgment\": null}}","akn_full_text":"CAYMAN ISLANDS\n\nSupplement No.2 published with Extraordinary Gazette\nNo. 82 dated 26th October, 2018.\n\nTHE CAYMAN ISLANDS RED CROSS LAW, 2018\n\n(LAW 23 OF 2018)\n\nThe Cayman Islands Red Cross Law, 2018\n\n2\n\nThe Cayman Islands Red Cross Law, 2018\n\n3\nTHE CAYMAN ISLANDS RED CROSS LAW, 2018\n\nARRANGEMENT OF SECTIONS\n\n1.\nShort title and commencement\n2.\nInterpretation\n3.\nIncorporation of Cayman Islands Red Cross\n4.\nObjects and purposes\n5.\nPowers\n6.\nConstitution\n7.\nEstablishment Agreement\n8.\nExemption from liability for Officers\n9.\nLiability for debts of Members\n10. Vesting of property\n11. Execution of documents\n12. Evidence\n13. Status of Cayman Islands Red Cross\n14. Exemption from paying customs duties\n15. Saving\n\nSchedule 1 - The Fundamental Principles of the International Red Cross and Red\nCrescent Movement\nSchedule 2 - The Constitution of the Cayman Islands Red Cross, an Overseas\nBranch of the British Red Cross Society\nSchedule 3 - The Establishment Agreement of the British Red Cross Society and\nthe Cayman Islands Red Cross\n\nThe Cayman Islands Red Cross Law, 2018\n\n4\nCAYMAN ISLANDS\n\nLaw 23 of 2018.\n\nI Assent\n\nSamuel Bulgin\n\nActing Governor.\n\nDate: 26th October, 2018\n\nA LAW TO PROVIDE FOR THE INCORPORATION OF THE CAYMAN\nISLANDS BRANCH OF THE BRITISH RED CROSS SOCIETY AS THE\nCAYMAN ISLANDS RED CROSS; TO FURTHER AND TO PROTECT\nTHE ACTIVITIES OF THE CAYMAN ISLANDS RED CROSS; AND TO\nMAKE PROVISION FOR INCIDENTAL AND CONNECTED MATTERS\n\nENACTED by the Legislature of the Cayman Islands.\n1.\n(1) This Law may be cited as the Cayman Islands Red Cross Law, 2018.\n(2) This Law shall come into force immediately after the dissolution of the\nCayman Islands Red Cross Association incorporated under the Companies Law\n(2018 Revision).\n2.\nIn this Law -\n\u201cCayman Islands Branch\u201d means the Cayman Islands branch of the Society;\n\u201cCayman Islands Red Cross\u201d means the body corporate established pursuant to\nsection 3(1);\nShort title and\ncommencement\n\n(2018 Revision)\nInterpretation\n\nThe Cayman Islands Red Cross Law, 2018\n\n5\n\u201cCharter\u201d means the Supplemental Royal Charter of Incorporation of the Society\ndated July 22, 1997 and all Supplemental Charters, Orders in Council governing\nthe Society and Rules of the Society made pursuant to those instruments;\n\u201cCommittee\u201d means the governing body established pursuant to section 3(2);\n\u201cConstitution\u201d means the constitution of the Cayman Islands Red Cross set out in\nSchedule 2;\n\u201cemblem\u201d means the heraldic emblem of the red cross on a white ground, formed\nby reversing the Federal colours of Switzerland, as defined in the Geneva\nConvention;\n\u201cEstablishment Agreement\u201d means the agreement between the Society and the\nCayman Islands Red Cross set out in Schedule 3;\n\u201cFundamental Principles\u201d means the Fundamental Principles of the Movement as\nset out in Schedule 1 and as may be varied by the International Conference of the\nRed Cross and Red Crescent, as promulgated by the Board of Trustees of the\nSociety;\n\u201cGeneva Convention\u201d means the Geneva Convention for the Amelioration of the\nCondition of the Wounded and Sick in Armed Forces in the Field of August 12,\n1949, Geneva Convention for the Amelioration of the Condition of the Wounded,\nSick and Shipwrecked members of Armed Forces at Sea of August 12, 1949,\nGeneva Convention relative to the Treatment of Prisoners of War of August 12,\n1949, and the Geneva Convention relative to the Protection of Civilian Persons in\nTime of War of August 12, 1949 as applied to the United Kingdom and\nsubsequent Additional Protocols which are applicable to the United Kingdom;\n\u201cmembers\u201d means those individuals who become members of the Cayman\nIslands Red Cross in accordance with the provisions of the Constitution;\n\u201cMovement\u201d means the International Red Cross and Red Crescent Movement;\n\u201cobjects\u201d means the objects and purposes of the Cayman Islands Red Cross as set\nout in section 4;\n\u201cofficer\u201d means any Member of the Committee and any person who is appointed\nby the Committee to hold an office in the Cayman Islands Red Cross; and\n\u201cSociety\u201d means the British Red Cross Society incorporated by the Charter.\n\nSchedule 2\n\nSchedule 3\n\nSchedule 1\n\nThe Cayman Islands Red Cross Law, 2018\n\n6\n3.\n(1) There is established a body corporate, to be called The Cayman Islands\nRed Cross, having perpetual succession and a common seal, with the exclusive\nright to use that name in the Islands and with power to sue and liability to be sued\nin all courts.\n(2) The Cayman Islands Red Cross shall have a governing body to be\nknown as the Committee of the Cayman Islands Red Cross which ishall be\nresponsible for the exercise of the powers conferred and the performance of the\nduties imposed on the Cayman Islands Red Cross by this Law and the\nConstitution.\n(3) The persons who were members of the committee of the Cayman\nIslands Red Cross Association immediately before the commencement of this\nLaw shall be the members of the Committee of the Cayman Islands Red Cross\nupon the commencement of this Law, subject to the Constitution.\n4.\n(1) The objects and purposes of the Cayman Islands Red Cross are -\n(a)\nto provide assistance to victims of armed conflicts; and\n(b) to work for the improvement of health, for the prevention of\ndisease and for the prevention and alleviation of human suffering\nin the Islands and throughout the world.\n(2) In carrying out its objects and purposes, the Cayman Islands Red Cross\nshall act at all times in accordance with the Fundamental Principles, the\nConstitution and the Establishment Agreement.\n5.\nThe Cayman Islands Red Cross shall have the following powers which may\nbe exercised only in furtherance or promotion of its objects -\n(a)\nto act as an autonomous auxiliary to the public authorities in the\nhumanitarian field, with a special role in enhancing respect for\nhumanitarian values and human dignity;\n(b) to disseminate knowledge of the Fundamental Principles and of\nInternational Humanitarian Law through publications, education\nprogrammes and in other ways;\n(c)\nto co-operate with the Government of the Islands to ensure\nrespect for International Humanitarian Law and to protect the\nRed Cross, Red Crescent and Red Crystal emblems;\n(d) to enter into and perform its obligations under the Establishment\nAgreement;\n(e)\nto publish in, or distribute information to, any media;\n(f)\nto co-operate with other bodies;\n(g) to support and administer other charities within the Islands;\nIncorporation of\nCayman Islands Red\nCross\nObjects and purposes\nPowers\n\nThe Cayman Islands Red Cross Law, 2018\n\n7\n(h) to establish other charities, but only with the prior written\napproval of the Society;\n(i)\nto raise funds by any legal means which are in conformity with\nthe principles, policies and regulations of the Movement;\n(j)\nto borrow money and give security for loans;\n(k) to acquire by purchase or otherwise and hold, sell, dispose of and\ndeal in real property situated within the Islands and in personal\nproperty of all kinds wherever situated;\n(l)\nto acquire and hold land on lease for the purposes of the Cayman\nIslands Red Cross for any lawful period;\n(m) to make grants or loans of money;\n(n) to set aside funds for special purposes or as reserves against\nfuture expenditure;\n(o) to deposit or invest funds in any lawful manner;\n(p) to insure its property and itself against loss or liability to loss;\n(q) to employ paid or unpaid agents, staff or advisers;\n(r)\nto enter into contracts to provide services to or on behalf of other\nbodies;\n(s)\nto pay the costs of forming the Cayman Islands Red Cross; and\n(t)\nto do anything else within the law which promotes or helps to\npromote the Objects.\n6.\n(1) The administration of the Cayman Islands Red Cross shall be regulated\nby the Constitution which shall become effective upon the commencement of this\nLaw.\n(2) The Cayman Islands Red Cross may alter, amend or modify the\nConstitution in accordance with its terms.\n(3) The Cayman Islands Red Cross shall have a -\n(a)\na Chair, deputy Chair and treasurer who shall be members of the\nCommittee; and\n(b) have a director, secretary and such other officers who may or\nmay not be members of the Committee,\nand who shall be appointed in such manner and hold office for such period as the\nConstitution provides.\n(4) The persons acting as the Chair, deputy Chair, treasurer, director,\nsecretary or other officer of the Cayman Islands Branch immediately before the\ncommencement of this Law shall hold the same offices in the Cayman Islands\nRed Cross upon the commencement of this Law, subject to the provisions of the\nConstitution.\nConstitution\n\nThe Cayman Islands Red Cross Law, 2018\n\n8\n7.\n(1) Upon the commencement of this Law, the Cayman Islands Red Cross\nshall be deemed to be a party to the Establishment Agreement in place of the\nCayman Islands Branch.\n(2) The Cayman Islands Red Cross and the Society may alter, amend,\nmodify or terminate the Establishment Agreement in accordance with its terms.\n8.\n(1) Officers of the Cayman Islands Red Cross, acting in relation to any of\nthe affairs of the Cayman Islands Red Cross, shall be exempt from any liability\nattaching to them by virtue of any rule of law, except in respect of any fraud,\nnegilgence or dishonesty of which the officer may be guilty.\n(2) The Cayman Islands Red Cross may in the Constitution or in any\ncontract or agreement between it and its officers, employees or volunteers\nindemnify such officers, employees and volunteers in respect of any loss arising\nor liability attaching to the officer, employee or volunteer by virtue of any rule of\nlaw in relation to any of the affairs of the Cayman Islands Red Cross.\n(3) The indemnification under subsection (2) shall not extend to any\nmatter in respect of any fraud, negligence or dishonesty of which the officer,\nemployee or volunteer may be guilty.\n(4) The Cayman Islands Red Cross may purchase and maintain insurance -\n(a)\nfor the benefit of any officer, employee or volunteer against any\nliability incurred by the officer, employee or volunteer in the\ncapacity of officer, employee or volunteer; or\n(b) indemnifying such officer, employee or volunteer in respect of\nany loss arising or liability attaching to the officer, employee or\nvolunteer by virtue of any rule of law in relation to any of the\naffairs of the Cayman Islands Red Cross.\n9.\n(1) The liability of any member of the Cayman Islands Red Cross for the\ndebts and legal obligations of the Cayman Islands Red Cross shall be limited to\nthe amount for the time being owing by that member to the Cayman Islands Red\nCross by way of subscription or otherwise, except as respects any debt or legal\nobligation of the Cayman Islands Red Cross for which the member has expressly\nagreed to be responsible either alone or with another member or person; but\notherwise the property of the Cayman Islands Red Cross shall be liable for its\ndebts and obligations.\n10. Any property, assets and rights in the Islands which immediately before the\ncommencement of this Law were vested in the Cayman Islands Branch or the\nSociety and under the control of the Cayman Islands Branch, as then constituted,\nEstablishment\nAgreement\nExemption from liability\nfor Officers\nLiability for debts of\nMembers\nVesting of property\n\nThe Cayman Islands Red Cross Law, 2018\n\n9\nshall, on the commencement of this Law, vest in the Cayman Islands Red Cross\nas incorporated by this Law; and any legal obligations or liabilities incurred\nbefore the commencement of this Law by the Cayman Islands Branch, as then\nconstituted, and remaining unsatisfied, shall on the commencement of this Law\ndevolve on the Cayman Islands Red Cross as incorporated by this Law.\n11. (1) The Cayman Islands Red Cross may make and execute any document\nin the performance or exercise of its duties or powers or in connection with any\nmatter reasonably incidental to or consequential upon the performance or exercise\nof its duties or powers.\n(2) Contracts on behalf of the Cayman Islands Red Cross may be made as\nfollows -\n(a)\ndeeds and other instruments requiring the seal of the Cayman\nIslands Red Cross shall be authorised or ratified by resolution of\nthe Committee, and shall be signed in such manner as the\nConstitution provides;\n(b) a contract which, if made between private persons, would be by\nlaw required to be in writing and signed by the parties to be\ncharged, may be made on behalf of the Cayman Islands Red\nCross in writing  and signed by any person acting under its\nauthority, express or implied; and\n(c)\na contract which, if made between private persons, would by law\nbe valid although made by parol only, and not reduced into\nwriting, may be made by parol on behalf of the Cayman Islands\nRed Cross by any person acting under its authority, express or\nimplied.\n(3) A contract made according to this section shall be effectual in law, and\nshall bind the Cayman Islands Red Cross and its successors and all other parties\nto the contract.\n(4) A contract made according to this section may be varied or discharged\nin the same manner in which it is authorized by this section to be made.\n12. Books and other documents which would, before the commencement of this\nLaw, have been evidence in respect of any matter for or against the Cayman\nIslands Branch shall be admissible in evidence in respect of the same matter for\nor against the Cayman Islands Red Cross.\n13. The Cayman Islands Red Cross is an Overseas Branch of the British Red\nCross Society, defined by the Charter.\nExecution of documents\nEvidence\nStatus of Cayman\nIslands Red Cross\n\nThe Cayman Islands Red Cross Law, 2018\n\n10\n14. The Cayman Islands Red Cross is exempt from paying any duty under the\nCustoms Law (2018 Revision) for the importation of personal goods to be used in\nthe carrying out of its objects and purposes under this Law.\n15. Nothing in this Law shall affect or be deemed to affect the rights and\npowers of the Government of the Islands or of Her Majesty The Queen, Her Heirs\nor Successors or the rights and powers of the British Red Cross Society under its\nRoyal Charter, except as mentioned in this Law.\n\nSCHEDULE 1\n(Section 2)\n\nTHE FUNDAMENTAL PRINCIPLES OF THE INTERNATIONAL RED\nCROSS AND RED CRESCENT MOVEMENT\n\nHUMANITY\nThe International Red Cross and Red Crescent Movement, born of a desire to\nbring assistance without discrimination to the wounded on the battlefield,\nendeavours, in its international and national capacity, to prevent and alleviate\nhuman suffering wherever it may be found. Its purpose is to protect life and\nhealth and to ensure respect for the human being. It promotes mutual\nunderstanding, friendship, co-operation and lasting peace amongst all peoples.\nIMPARTIALITY\nIt makes no discrimination as to nationality, race, religious beliefs, class or\npolitical opinions. It endeavours to relieve the suffering of individuals, being\nguided solely by their needs, and to give priority to the most urgent cases of\ndistress.\nNEUTRALITY\nIn order to continue to enjoy the confidence of all, the Movement may not take\nsides in hostilities or engage at any time in controversies of a political, racial,\nreligious or ideological nature.\nINDEPENDENCE\nThe Movement is independent. The National Societies, while auxiliaries in the\nhumanitarian services of their governments and subject to the laws of their\nrespective countries, must always maintain their autonomy so that they may be\nable at all times to act in accordance with the principles of the Movement.\nVOLUNTARY SERVICE\nIt is a voluntary relief movement not prompted in any manner by desire for gain.\nExemption from paying\ncustoms duties\n(2018 Revision)\nSaving\n\nThe Cayman Islands Red Cross Law, 2018\n\n11\n\nUNITY\nThere can be only one Red Cross or one Red Crescent Society in any one\ncountry. It must be open to all. It must carry on its humanitarian work throughout\nits territory.\nUNIVERSALITY\nThe International Red Cross and Red Crescent Movement, in which all Societies\nhave equal status and share equal responsibilities and duties in helping each\nother, is worldwide.\nSCHEDULE 2\n(Section 2)\n\nCONSTITUTION OF THE CAYMAN ISLANDS RED CROSS, AN\nOVERSEAS BRANCH OF THE BRITISH RED CROSS SOCIETY\n\nDated the 17th day of January 2000\n\nBACKGROUND\n\nA) By Article 5.21 of the Royal Charter of The British Red Cross Society\ndated 22nd July 1997 the Society has the power to establish Overseas\nBranches as separate legal entities in accordance with the relevant local\nlaw.\n\nB) The Society and the Overseas Branch have agreed the terms of the\nEstablishment Agreement which will be entered into on the date of the\nadoption of this Constitution.\n\n1. Name\n\nThe name of the Overseas Branch is THE CAYMAN ISLANDS, AN\nOVERSEAS BRANCH OF THE BRITISH RED CROSS SOCIETY,\nknown as THE CAYMAN ISLANDS RED CROSS (\u201cthe Overseas\nBranch\u201d).\n\n2. Definitions\n\n2.1 \"AGM\" means an annual general meeting of the members of the Overseas\nBranch;\n\n2.2 \u201cthe Chair\u201d means the Chair of the Overseas Branch;\n\nThe Cayman Islands Red Cross Law, 2018\n\n12\n2.3 \"clear day\" means 24 hours from midnight following the triggering event;\n\n2.4 \"Committee\" means the governing body of the Overseas Branch;\n\n2.5 \"EGM\" means an extraordinary general meeting of the members of the\nOverseas Branch;\n\n2.6 \"Establishment Agreement\" means the establishment agreement referred to\nin the Act between the Overseas Branch and the Society which is\ndesigned to regulate their relationship;\n\n2.7 \"the Fundamental Principles\" means the Fundamental Principles of the\nInternational Red Cross and Red Crescent Movement as set out in the\nSchedule as may be defined from time to time by the International\nConference of the Red Cross and Red Crescent and as promulgated by\nthe Board;\n\n2.8 \"the Objects\" means the objects of the Overseas Branch as set out in Clause\n3;\n\n2.9 \"Patron\" means a patron of the Overseas Branch appointed under Clause 10;\n\n2.10 \u201cthe Rules\u201d means the rules of the Overseas Branch as determined by the\nCommittee under Clause 9;\n\n2.11 \u201cthe Secretary\u201d means the secretary of the Overseas Branch;\n\n2.12\n\"the Society\" means The British Red Cross Society incorporated under\nthe laws of England by Royal Charter dated 22nd July, 1997 registered\ncharity number 220949 whose National Headquarters is at 9 Grosvenor\nCrescent, London SW1X 7EJ United Kingdom;\n\n2.13 \u201cthe Territory\u201d means The Cayman Islands\n\nWords importing the singular number shall include the plural number\nand vice versa; words importing the masculine gender only shall include\nthe feminine and neuter gender.\n\n3. Objects\n\nThe objects and purposes of the Overseas Branch are:\n\n3.1 To provide assistance to victims of armed conflicts;\n\nThe Cayman Islands Red Cross Law, 2018\n\n13\n3.2 To work for the improvement of health, for the prevention of disease and for\nthe prevention and alleviation of human suffering in the Territory and throughout\nthe world.\nIn the interests of clarity, the Objects in clause 3.2 above include\nproviding assistance to victims of natural disasters.\n\nIn carrying out these Objects the Overseas Branch shall act at all times\nin accordance with the Fundamental Principles.\n\n4. Powers\n\nThe Overseas Branch shall have the following powers which may be\nexercised only in furtherance or promotion of the Objects:\n\n4.1\nto act as an autonomous auxiliary to the public authorities in the\nhumanitarian field, with a special role in enhancing respect for\nhumanitarian values and human dignity;\n4.2\nto disseminate knowledge of the Fundamental Principles and of\nInternational Humanitarian Law through publications, education\nprogrammes and in other ways;\n4.3\nto co-operate with the Government of the Territory to ensure respect for\nInternational Humanitarian Law and to protect the Red Cross and Red\nCrescent emblems;\n4.4\nto enter into and perform its obligations under the Establishment\nAgreement with the Society;\n4.5\nto publish in, or distribute information to any media whatever;\n4.6\nto co-operate with other bodies;\n4.7\nto support and administer other charities within the Territory;\n4.8\nto establish other charities, but only with the prior written approval of\nthe Society;\n4.9\nto raise funds by any legal means which are in conformity with the\nprinciples, policies and regulations of the International Red Cross and\nRed Crescent Movement, including charging membership fees;\n4.10\nto borrow money and give security for loans;\n4.11\nto acquire or hire property of any kind;\n4.12\nto let or dispose of property of any kind;\n4.13\nto make grants or loans of money;\n4.14\nto set aside funds for special purposes or as reserves against future\nexpenditure;\n4.15\nto deposit or invest funds in any lawful manner (but to invest only after\nobtaining advice from a financial expert and having regard to the\nsuitability of the investments and the need for diversification);\n4.16\nto insure the Overseas Branch\u2019s property against any foreseeable risk\n\nThe Cayman Islands Red Cross Law, 2018\n\n14\nand take out other insurance policies to protect the Overseas Branch\nwhere required;\n4.17\nto insure members of the Committee against the costs of a successful\ndefence to a criminal prosecution brought against them as trustees or\nagainst personal liability incurred in respect of any act or omission\nwhich is or is alleged to be a breach of trust or breach of duty (unless the\nmember concerned knew that, or was reckless whether, the act or\nomission was a breach of trust or breach of duty);\n4.18\nto employ paid or unpaid agents, staff or advisers;\n4.19\nto enter into contracts to provide services to or on behalf of other bodies;\n4.20\nto pay the costs of forming the Overseas Branch;\n4.21\nto do anything else within the law which promotes or helps to promote\nthe Objects.\n\n5. Membership\n\n5.1 Membership of the Overseas Branch shall be open to any individual who is\naged 5 years or over provided that only members aged 18 years or over shall be\nentitled to vote at meetings of the Overseas Branch. Membership is open to\neveryone without any discrimination based on nationality, race, sex, class,\nreligion, or political opinions.\n\n5.2 Each member is required to:\n\n(a) uphold the Fundamental Principles;\n(b) obey the Rules;\n(c) abide by the said Royal Charter of the Society; and\n(d) uphold the values and reputation of the Overseas Branch and of the\nSociety.\n\n5.3 The Committee must keep a register of members.\n\n5.4 A member may resign by written notice to the Overseas Branch.\n\n5.5 The Committee may terminate the membership of any individual whose\ncontinued membership would in the reasonable view of the Committee be\nharmful to the Overseas Branch (but only after notifying the member concerned\nin writing and considering the matter in the light of any written representations\nwhich the member puts forward within 14 clear days after receiving notice).\n\n5.6 Membership of the Overseas Branch is personal and is not transferable.\n\nThe Cayman Islands Red Cross Law, 2018\n\n15\n\n6.\nGeneral Meetings\n\n6.1\nAll members are entitled to attend general meetings of the Overseas\nBranch.\n\n6.2\nGeneral meetings are called by 14 clear days' written notice to the\nmembers signed by the Chair or the Secretary specifying the business to\nbe transacted;\n\n6.3\nThere is a quorum at a general meeting if the number of members\npersonally present is at least 10 percent of the members, provided any\nmember who has failed to pay any membership fee due to the Overseas\nBranch shall not be included.\n\n6.4\nThe Chair or (if the Chair is unable or unwilling to do so) some other\nmember elected by those present presides at a general meeting.\n\n6.5\nExcept where otherwise provided in this Constitution, every issue at a\ngeneral meeting is determined by a simple majority of the votes cast by\nthe members present in person.\n\n6.6\nExcept for the chair of the meeting, who has a second or casting vote,\nevery member present in person is entitled to one vote on every issue.\n\n6.7\nAn AGM must be held in every year (except that the first AGM may be\nheld at any time within 18 months after the formation of the Overseas\nBranch).\n\n6.8 At an AGM the members:\n\n6.8.1\nreceive the audited accounts of the Overseas Branch for the\n\nprevious financial year;\n6.8.2\nreceive the report of the Committee on the Overseas Branch's\n\nactivities since the previous AGM;\n6.8.3\nelect members to the Committee to replace those retiring from\n\noffice;\n6.8.4\nappoint an auditor for the Overseas Branch;\n6.8.5\ndiscuss and determine any issues of policy or deal with any other\n\nbusiness put before them.\n\n6.9\nAn EGM may be called at any time by the Committee and must be\ncalled within 14 days after a written request to the Committee from at\nleast one-third of the members.\n\nThe Cayman Islands Red Cross Law, 2018\n\n16\n\n7.\nThe Committee\n\n7.1\nThe Committee has control of the Overseas Branch and its property and\nfunds.\n\n7.2\nThe Committee shall consist of at least three and not more than 12\nindividuals, all of whom must be members (but must not be paid\nemployees) of the Overseas Branch who are aged 18 years or over.\n\n7.3\nEach member of the Committee should have the following\ncharacteristics:\n\n(a)\na commitment to the Fundamental Principles;\n(b) a willingness to devote the necessary time and effort;\n(c)\nintegrity;\n(d) good judgement;\n(e)\nan ability to think creatively;\n(f)\na willingness to speak his mind.\n\n7.4\nThe skills and experience of Committee members should reflect the\nwork of the Overseas Branch. So far as possible the Committee\nmembers should include a balanced representation both of areas of\nexpertise and of the interests of stakeholders.\n\n7.5\nThe Committee may co-opt up to one-third of its members who shall\nserve until the next AGM. The Committee may renew any co-option for\na further period of three years.\n\n7.6\nOne-third (or the number nearest one-third) of the elected Committee\nmembers must retire from office at each AGM, those longest in office\nretiring first and the choice between any of equal service being made by\ndrawing lots. An elected Committee member may serve a maximum of\ntwo such three year terms, after which he must retire from office for a\nminimum period of one year expiring on the date of the next AGM or a\nlonger period.\n\n7.7\nA Committee member automatically ceases to be a member of the\nCommittee if he:\n\n7.7.1.\nis disqualified under any law from acting as a charity trustee;\n7.7.2.\nis incapable, whether mentally or physically, of managing his\n\nown affairs;\n\nThe Cayman Islands Red Cross Law, 2018\n\n17\n7.7.3\nis absent from four consecutive meetings of the Committee\n\nwithout good cause;\n7.7.4\nceases to be a member of the Overseas Branch (but such a person\n\nmay be reinstated by resolution of all the other members of the\n\nCommittee on resuming membership of the Overseas Branch);\n7.7.5\nresigns by written notice to the Committee (but only if at least\n\ntwo members of the Committee will remain in office);\n7.7.6\nis removed by a resolution passed by all the other members of the\n\nCommittee after inviting the views of the member of the\n\nCommittee concerned and considering the matter in the light of\n\nany such views.\n\n7.8\nA retiring Committee member is entitled to an indemnity from the\ncontinuing Committee members at the expense of the Overseas Branch\nin respect of any liabilities properly incurred while he held office.\n\n7.9\nA technical defect in the appointment of a Committee member of which\nthe Committee is unaware at the time does not invalidate decisions taken\nat a meeting.\n\n8.\nCommittee Meetings\n\n8.1\nThe Committee must hold at least four meetings each year.\n\n8.2\nA quorum at a Committee meeting is one-third of its members.\n\n8.3\nThe Chair or (if the Chair is unable or unwilling to do so) some other\nmember of the Committee chosen by the members present presides at\neach Committee meeting.\n\n8.4\nEvery issue may be determined by a simple majority of the votes cast at\na Committee meeting but a resolution which is in writing and signed by\nall members of the Committee is as valid as a resolution passed at a\nmeeting and for this purpose the resolution may be contained in more\nthan one document and will be treated as passed on the date of the last\nsignature.\n\n8.5\nExcept for the chair of the meeting, who has a second or casting vote,\nevery member of the Committee has one vote on each issue.\n\n9.\nPowers of the Committee\n\nThe Committee has the following powers in the administration of the\nOverseas Branch:\n\nThe Cayman Islands Red Cross Law, 2018\n\n18\n\n9.1\nto appoint from among their number the Chair,  and the Secretary and,\nas it thinks fit, a Treasurer and other honorary officers;\n\n9.2\nto delegate any of its functions to sub-committees consisting of two or\nmore persons appointed by them;\n\n9.3\nto delegate the day to day management and administration of the\nOverseas Branch to its staff (where applicable);\n\n9.4\nto make Rules consistent with this Constitution to govern the operation\nof the Overseas Branch and proceedings of meetings and committees;\n\n9.5\nto resolve or establish procedures to assist the resolution of disputes\nwithin the Overseas Branch;\n\n9.6\nto exercise any powers of the Overseas Branch which are not reserved to\na general meeting.\n\n10. Patrons\n\n10.1\nThe Committee may appoint any suitable person as a Patron of the\nOverseas Branch and on such terms as it shall think fit and may remove\nsuch person.\n\n10.2\nA Patron shall have the right to attend and speak (but not vote) at any\ngeneral meeting of the Overseas Branch and to be given notice as if a\nmember.\n\n10.3\nThe Committee must inform the Society of the appointment of a Patron.\n\n11. Property and Funds\n\n11.1\nThe property and funds of the Overseas Branch must be used only for\npromoting the Objects and do not belong to the members of the\nOverseas Branch or the Committee.\n\n11.2\nNo Committee member may receive any payment of money or other\nmaterial benefit (whether direct or indirect) from the Overseas Branch\nexcept:\n\n11.2.1\nunder 11.2.6 (fees);\n\nThe Cayman Islands Red Cross Law, 2018\n\n19\n\n11.2.2\nreimbursement of reasonable out of pocket expenses (including\n\nhotel and travel costs) actually incurred in the administration of\n\nthe Overseas Branch;\n\n11.2.3\ninterest at a reasonable rate on money lent to the Overseas\n\nBranch;\n\n11.2.4\na reasonable rent or hiring fee for property let or hired to the\n\nOverseas Branch;\n\n11.2.5\nan indemnity in respect of any liabilities properly incurred in\n\nrunning the Overseas Branch (including the costs of a successful\n\ndefence to criminal proceedings);\n\n11.2.6\nany Committee member who possesses specialist skills or\n\nknowledge, and any firm or company of which such a person is a\n\nmember or employee, may charge and be paid reasonable fees for\n\nwork carried out for the Overseas Branch on the instructions of\n\nthe other members of the Committee but-\n(i)\nonly if the procedure prescribed by clause 11.3 is followed in\n\nselecting the member, firm or company concerned and setting the\n\nfees; and\n(ii) provided that this provision may not apply to more than one-\n\nquarter of the members of the Committee in any financial year;\n\n11.2.7\nin the case of an individual member, charitable benefits in his\n\ncapacity as a beneficiary.\n\n11.3 Whenever a Committee member has a personal interest in a matter to be\n\ndiscussed at a Committee meeting, the Committee member must:\n\n11.3.1\ndeclare an interest before discussion begins on the matter;\n\n11.3.2\nwithdraw from that part of the meeting unless expressly invited\n\nto remain in order to provide information;\n\n11.3.3\nnot be counted in the quorum for that part of the meeting;\n\n11.3.4\nwithdraw during the vote and have no vote on the matter.\n\n12.   Records and Accounts\n\n12.1     The Committee must keep proper records of -\n\n12.1.1\nall proceedings at general meetings;\n\n12.1.2\nall proceedings at meetings of the Committee;\n\n12.1.3\nall reports of sub-committees;\n\n12.1.4\nall professional advice obtained.\n\n12.2\nAnnual reports and audited statements of account relating to the\nOverseas Branch must be made available for inspection by any member\nand Patron of the Overseas Branch and by the Society.\n\nThe Cayman Islands Red Cross Law, 2018\n\n20\n13. Notices\n\n13.1\nNotices under this Constitution may be sent by hand, or by post, or by\nsuitable electronic means or (where applicable to members generally)\nmay be published in any suitable journal or newspaper circulating in the\nTerritory or in any newsletter distributed by the Overseas Branch.\n\n13.2\nThe address at which a member is entitled to receive notices is the\naddress noted in the register of members (or, if none, the last known\naddress).\n\n13.3\nAny notice given in accordance with this Constitution is to be treated for\nall purposes as having been received:\n\n13.3.1\n24 hours after being sent by electronic means or delivered by\n\nhand to the relevant address;\n13.3.2\nfive clear days after being sent by first class post to that address;\n13.3.3\nseven clear days after being sent by second class post or overseas\n\npost to that address;\n13.3.4\non the date of publication of a journal or newspaper\n\ncontaining the notice;\n13.3.5\non being handed to the member personally or, if earlier;\n13.3.6\nas soon as the member acknowledges actual receipt.\n\n13.4\nA technical defect in the giving of notice of which the members or the\nmembers of the Committee are unaware at the time does not invalidate\ndecisions taken at a meeting.\n\n14. Amendments\n\nThis Constitution may be amended at a general meeting by a two-thirds\nmajority of the votes cast, but the members must be given 21 clear days'\nwritten notice of the proposed amendments.\n\n14.1\nNo amendment is valid unless or until it has received the prior written\napproval of the Board of Trustees of the Society.\n\n15. Dissolution\n\nThe Overseas Branch may be dissolved by a resolution of the\nCommittee passed by a two-thirds majority of the members of the\nCommittee present and voting. Any surplus after the satisfaction of the\nOverseas Branch's debts and liabilities shall be paid to the Society.\n\nThe Cayman Islands Red Cross Law, 2018\n\n21\n\nSCHEDULE 3\n(Section 2)\nTHE BRITISH RED CROSS SOCIETY\nAND\nTHE CAYMAN ISLANDS RED CROSS, AN OVERSEAS BRANCH OF\nTHE BRITISH RED CROSS SOCIETY\n\nESTABLISHMENT AGREEMENT\n\nDated the 10th day of July 2000.\n\nBETWEEN\n\nTHE BRITISH RED CROSS SOCIETY incorporated by Royal Charter,\nregistered charity number 220949 whose National Headquarters is at 9 Grosvenor\nCrescent, London, SW1X 7EJ (\"the Society\") (1) and THE CAYMAN ISLANDS\nRED CROSS, AN OVERSEAS BRANCH OF THE BRITISH RED CROSS\nSOCIETY established under the laws of the Cayman Islands (\u201cthe Branch\") (2)\n\nBackground\n\nA.\nUnder Article 5.21 of the Royal Charter the Society has the power to\nestablish Overseas Branches as separate legal entities in accordance with\nthe relevant local law and to enter into and terminate agreements with\nsuch organisations as the Board may think fit and to take such steps as\nmay be necessary to terminate such arrangements.\n\nB.\nUnder Article 2.11 of the Royal Charter \"Overseas Branches\" are\ndefined as \"the branches of the Society established by the Board of\nTrustees from time to time in British Dependent Territories. Such\nOverseas Branches may be established as separate legal entities in\naccordance with the relevant local law, but shall be part of the Society\nfor the purposes of the International Red Cross and Red Crescent\nMovement.\"\n\nC.\nThe Branch is established under the laws of the Territory and has its\nown constitution dated the 17th day of January 2000.\n\nD.\nBy a Resolution dated the 13th day of January 1998 the Board of\nTrustees of the Society resolved to recognise the Branch as the Society's\nBranch in the Territory in accordance with the Royal Charter and upon\n\nThe Cayman Islands Red Cross Law, 2018\n\n22\nthe terms of this Agreement for the purpose of promoting and furthering\nthe Objects in the Territory.\n\nNOW IT IS HEREBY agreed as follows:\n\n1.\nDefinitions\n\nExcept where the context otherwise requires in this Agreement:\n\n1.1\n\n\u201cthe Board\u201d\n\nmeans the Board of Trustees of the\nSociety;\n\n1.2\n\n\u201cthe Branches\u201d\n\nmeans the Society\u2019s Branches\nwherever they may be located;\n\n1.3\n\n\u201cthe Director\u201d\n\nmeans the International Director of\nthe Society or the equivalent post for\nthe time being;\n\n1.4\n\n\u201cthe Emblem\u201d\n\nmeans the Red Cross Emblem\nauthorised by the Defence Council\nfor use by the Society under the\nGeneva Conventions Act 1957;\n\n1.5\n\n\u201cFundamental\nPrinciples\u201d\n\nmeans the Fundamental Principles of\nthe International Red Cross and Red\nCrescent Movement as set out in the\nSchedule to this Agreement and as\nmay from time to time be varied by\nthe International Conference of the\nRed Cross and Red Crescent and as\npromulgated by the Board;\n\n1.6\n\n\u201cthe Movement\u201d\n\nmeans the International Red Cross\nand Red Crescent Movement;\n\n1.7\n\n\u201cthe Names\u201d\n\nmeans\nThe\nBritish\nRed\nCross\nSociety, or BRCS or the designation\n\u201cRed Cross\u201d or similar;\n\n1.8\n\n\u201cthe Objects\u201d\n\nmeans the objects of  the Society set\nout in Article 4 of the Royal Charter;\n\n1.9\n\n\u201cRoyal Charter\u201d\n\nmeans\nthe\nSupplemental\nRoyal\n\nThe Cayman Islands Red Cross Law, 2018\n\n23\nCharter of the Society dated 22 July\n1997;\n\n1.10\n\n\u201cStatutes of the\nMovement\u201d\n\nmeans the Statutes of the\nInternational Red Cross and Red\nCrescent Movement as adopted by\nthe 25th International Conference of\nthe Red Cross in October 1986 and\nas may from time to time be varied\nby the International Conference of\nthe Red Cross and Red Crescent;\n\n1.11\n\n\u201cthe Territory\u201d\n\nmeans the Cayman Islands.\n\n2.\nAuthorisation\n\n2.1\nIn consideration of the undertakings given by the Branch in this\nAgreement the Society hereby authorises the Branch to use the Names\nand Emblem in the Territory on the terms of this Agreement and subject\nto relevant local legislation. Provided that such use conforms to the\nrelevant international and national legislation and the regulations\ngoverning the use of the Names and Emblem currently in force. In\naddition such use must not impose or create any liability on the Society.\n\n2.2\nFor the avoidance of doubt, the authorisation shall not inhibit the right of\nthe Society itself to use the Names and the Emblem and in such ways as\nit shall from time to time think fit subject to the relevant legislation and\nregulations whether in the Territory or beyond.\n\n2.3\nThe Branch will at the request of the Society give full co-operation to\nthe Society in any action, claim or proceedings brought or threatened in\nrespect of the Names and the Emblem and will itself take such steps\nwhich are within its powers to protect the Names and the Emblem.\n\n3.\nObligations of the Branch\n\n3.1\nThe Branch shall act at all times in accordance with the following:\n\n3.1.1.\nthe Fundamental Principles;\n3.1.2.\nthe Statutes of the Movement;\n3.1.3.\ndecisions made from time to time by the statutory bodies of the\nMovement;\n3.1.4.\nthe recognised practices of the Movement;\n\nThe Cayman Islands Red Cross Law, 2018\n\n24\n3.1.5.\nsuch directions as to general policy as the Board of Trustees\nshall from time to time prescribe;\n3.1.6.\nthe international policy of the Society as it is laid down from\ntime to time;\n3.1.7.\ndecisions made by the Director on behalf of the Board;\n3.1.8.\nall relevant national and international laws.\n\n3.2\nThe Branch will not alter, add to or otherwise amend its Constitution\nwithout the prior written approval of the Board.\n\n3.3\nThe Branch undertakes that it shall use its best endeavours to ensure full\ncompliance with all legal requirements and full accountability to groups\nsuch as service users, members, volunteers, staff, donors and the general\npublic.\n\n3.4\nThe Branch undertakes that it will maintain adequate controls, policies\nand procedures to ensure that proper accounting records are kept.\n\n3.5\nThe Branch, being responsible for safeguarding its assets, undertakes to\ntake reasonable steps for the prevention and detection of fraud and other\nirregularities.\n\n3.6\nThe Branch undertakes that it will not bring the Names or Emblem into\ndisrepute in any way whatsoever.\n\n3.7\nThe Branch undertakes that it will make use of the Names and Emblem\nonly by such means as:-\n\n3.7.1.\nwill not damage or conflict with the good name and reputation\nof the Society;\n3.7.2.\nwill not give rise to reasonable objection by the Society;\n3.7.3.\nare consistent with and which further and promote the\ncharitable purposes of the Society;\n3.7.4.\nare in conformity with the authorisation to use the Names and\nEmblem.\n\n3.8\nThe Branch undertakes that it will not resource any member organisation\nof the Movement or any other organisation whatsoever without the prior\nwritten consent of the Director.\n\n3.9\nThe Branch undertakes that it will use all reasonable endeavours to\nensure that each member of its governing body has the following\nattributes:-\n\nThe Cayman Islands Red Cross Law, 2018\n\n25\n3.9.1.\na commitment to the Fundamental Principles, the Society and\nits Objects, its values and its equal opportunities policy;\n3.9.2.\nan appreciation of the Movement;\n3.9.3.\nan appreciation of the Society's activities;\n3.9.4.\na willingness to devote the necessary time and effort, including\nregular attendance at meetings of the Branch;\n\n3.9.5.\nintegrity.\n\n4.\nRights of the Branch\n\n4.1\nAs part of the Society the Branch shall have the right to approach the\nDirector for advice or support on matters relating to the effective\nimplementation of this Agreement and of its obligations hereunder.\n\n4.2\nThe Branch shall have the right to approach the Director for advice or\nsupport in developing its activities.\n\n4.3\nThe Branch shall also have the right to approach the Director with\nsuggestions regarding any policies or matters relevant to its work.\n\n4.4\nMembers of the Branch shall be treated as Members of the Society and\nshall be entitled:-\n\n4.4.1.\nto use the Society's uniforms and badges;\n4.4.2.\nto participate in the Society's awards.\n\n5.\nReporting\n\n5.1\nThe Branch shall send to the Society by 1 January each year its\napproved plan and budget for that year. This will include details of\nprojects and of the Branch's overall activities.\n\n5.2\nThe Branch shall send to the Society within 3 months of the end of each\nfinancial year a copy of its annual report and financial statements. An\naccountant\u2019s review of the financial statements shall be provided within\n12 months of the year end.\n\n5.3\nThe Branch shall in addition report regularly on operational matters to\nthe Director, at intervals to be set by him who will have the right on\nbehalf of the Society to provide guidance or to take whatever action may\nbe reasonable in the circumstances, to help the Branch meets its\nobligations under Clause 3.\n\nThe Cayman Islands Red Cross Law, 2018\n\n26\n6.\nRelations\n\n6.1\nThe Society shall be responsible for relations with the British\nGovernment in London; with other individuals or organisations in the\nUnited Kingdom; with other components of the Movement; and with\nGovernments, individuals and organisations outside the Territory.\nHowever, the Society may permit the Branch to have direct contacts\nwith components of the Movement or their representatives in the\nTerritory or region; or the Society's own Branches or with other\nindividuals or organisations outside the Territory, subject to specified\nparameters.\n\n6.2\nThe Branch shall be responsible for relations with the Governor and\nother authorities of the Territory but will keep the Society informed of\nsuch contacts at regular intervals. The Society has the right to approach\nthe Governor or other authorities in the Territory and in normal\ncircumstances will advise the Branch of such communications.\n\n7.\nMediation\n\nIn the event of any disagreement or dispute between the Branch and the\nSociety, the parties shall first endeavour to resolve it through discussion\nand mediation using, if appropriate, the offices of a mediator in\naccordance with appropriate procedures established by a body\nrecognised for its role in facilitating mediation such as the Centre for\nDispute Resolution in London.\n\n8.\nInterim Measures\n\nIn the event of breach of this Agreement or of a continuing disagreement\nthe Board may serve notice in writing taking one or more of the\nfollowing actions:-\n\n8.1\nRequest an explanation within a specific time period;\n\n8.2\nSuspend the operation of Clauses 2 and\/or 4 of this Agreement;\n\n8.3\nRequire any or all members of the governing body of the Branch to\nresign and that any new members be appointed with the Board\u2019s prior\nwritten approval;\n\n8.4\nRequire that the management of the Branch should be temporarily\ntransferred to the Director;\n\nThe Cayman Islands Red Cross Law, 2018\n\n27\n8.5\nAny other lawful measures which are reasonable in the circumstances.\n\n9.\nTermination\n\n9.1\nThe following breaches are fundamental and shall entitle the Society\nforthwith to terminate this Agreement:\n\n9.1.1.\nfailure on the part of the Branch to perform any of its\nobligations under this Agreement;\n9.1.2.\nthe voluntary or compulsory liquidation of the Branch.\n\n9.2\nThis Agreement may be terminated by the Society on not less than 3\nmonths\u2019 notice in writing to expire at any time.\n\n9.3\nThis Agreement may be terminated by the Branch on not less than 6\nmonths\u2019 notice in writing to expire at any time.\n\n9.4\nSuch termination shall be without prejudice to any right or remedy of\neither party against the other subsisting at the time of termination.\n\n9.5\nIn the event of termination the Branch shall cease to use the Names and\nEmblem; its members shall cease to be members of the Society and the\nBranch shall cease to be part of the Movement. In these circumstances\nthe Society shall have the right to make such arrangements for carrying\nout the work of the Society in the Territory as the Society shall think fit.\n\n10.\nMiscellaneous\n\n10.1\nThis Agreement shall be governed by the laws of England and Wales\nand subject to Clause 7 the parties hereto submit to the exclusive\njurisdiction of the courts of England and Wales.\n\n10.2\nThe parties are not partners or joint venturers nor is the Branch entitled\nto act as the agent of the Society nor shall the Society be liable in respect\nof any representation, act or omission of the Branch of whatsoever\nnature.\n\n10.3\nThis Agreement may be amended by written agreement between the\nparties. For the purposes of the Branch, this will take the form of a\nspecial resolution of the members of the Branch which is a resolution\nthat has been passed by two thirds of the members of the Branch present\nand voting at a duly convened meeting of the members of the Branch of\nwhich 21 clear days\u2019 notice was given (i.e. exclusive of the date upon\nwhich the notice was despatched and date of the meeting). The said\n\nThe Cayman Islands Red Cross Law, 2018\n\n28\nresolution, duly certified by an officer of the Branch, must be sent in\nwriting to the Director. The Director will consult relevant colleagues as\nsoon as possible (keeping the Branch informed of progress) until a\ndecision has been made and, if appropriate, a document amending the\nAgreement has been signed.\n\n10.4\nAny notice to be served on either of the parties by the other shall be sent\nby registered post or by facsimile transmission or by e-mail to the\naddress stated above or to the recipient's usual fax or e-mail address and\nshould be deemed to have been received by the addressee by registered\npost within business hours within seven working days of posting or\nwithin 24 hours if sent by facsimile or e-mail transmission to the correct\nnumber (with correct answer-back of the addressee in the case of fax).\n\nPassed by the Legislative Assembly the 12th day of September, 2018.\n\nDr. Hon. W. McKeeva Bush\n\nSpeaker.\n\nZena Merren-Chin\n\nClerk of the Legislative Assembly.","akn_extracted_at":"2026-06-22 15:30:56.327335+00","cms_id":"2018-0023","law_type":"principal","year":"2018","number":"23","title":"Cayman Islands Red Cross Act","status":"in_force"},"provenance":{"files":[{"file_id":"5089","expr_id":"237","kind":"akn_xml","filename":"2018-0023_Act 23 of 2018.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/2018\/2018-0023\/2018-0023_Act 23 of 2018.akn.xml","content_md5":"da222cb686e2fa203a22a7365d5e3dcc","byte_size":"50910","http_last_modified":null,"fetched_at":"2026-06-22 15:30:56.634981+00"},{"file_id":"473","expr_id":"237","kind":"pristine_pdf","filename":"2018-0023_Act 23 of 2018.pdf","source_url":"\/cms\/images\/LEGISLATION\/PRINCIPAL\/2018\/2018-0023\/2018-0023_Act 23 of 2018.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/PRINCIPAL\/2018\/2018-0023\/2018-0023_Act 23 of 2018.pdf","content_md5":"6e7d577a5c2b5338e062a686ea6a6861","byte_size":"190883","http_last_modified":null,"fetched_at":"2026-06-21 23:09:34.579483+00"},{"file_id":"474","expr_id":"237","kind":"working_pdf","filename":"2018-0023_Act 23 of 2018.pdf","source_url":"\/cms\/images\/LEGISLATION\/PRINCIPAL\/2018\/2018-0023\/2018-0023_Act 23 of 2018.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/2018\/2018-0023\/2018-0023_Act 23 of 2018.pdf","content_md5":"6e7d577a5c2b5338e062a686ea6a6861","byte_size":"190883","http_last_modified":null,"fetched_at":"2026-06-21 23:09:34.579483+00"}],"paragraph_count":12,"latest_history":null},"quality":{"expr_id":"237","doc_id":"237","quality_state":"needs_review","quality_score":"80","needs_human_review":"t","deterministic_categories":"{commencement_metadata_problem,duplicate_text,page_header_footer_noise}","llm_categories":"{truncated_text,other}","repair_actions":"{collapse_duplicate_text,manual_review,reextract_full_text,strip_page_furniture,verify_commencement_metadata}","finding_severity_counts":"{\"low\": 1, \"medium\": 1}","finding_summary":"Sample appears mostly clean but shows signs of truncation and possible header\/footer bleed\u2011through requiring verification.","assessed_at":"2026-06-22 15:29:44.913839+00","updated_at":"2026-06-22 15:29:44.913839+00"}}