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Workflow of IMC Establishment and Related Matters

 

 * Workflow of IMC Establishment
   
   * Workflow on Establishing IMC PDF (46 KB) 
  (According to Section 40BU of the Ordinance, a planned aided school shall submit a draft of the constitution of the proposed incorporated management committee not later than 6 months before the scheduled opening date.)

 

 

 

1. Sponsoring body prepares the Draft Constitution of the Incorporated Management Committee.
   
2. Sponsoring body submits the draft constitution in triplicate together with the completed "Submission of Draft Constitution of Incorporated Management Committee".
   
 

 

 Download "Submission of Draft Constitution of Incorporated Management Committee (Form IMC-2a)" - For Operating Schools
 Download "Submission of Draft Constitution of Incorporated Management Committee (Form IMC-2b)" - For Planned Schools

 

   
3. For schools under Direct Subsidy Scheme, or the specified schools stipulated in Schedule 3 of the Ordinance, the sponsoring body shall submit the draft constitution within 6 months after the submission of the "Notice of Intention to Establish Incorporated Management Committee".
   
 Download "Notice of Intention to Establish Incorporated Management Committee (Form IMC-1a)" - For Operating Schools
 Download "Notice of Intention to Establish Incorporated Management Committee (Form IMC-1b)" - For Planned Schools
   
4. The Permanent Secretary may approve the draft constitution if she is satisfied that the operation of the IMC in accordance with the constitution is likely to be satisfactory. (the sponsoring body will be informed of the approval)
   
5. Sponsoring body nominates sponsoring body manager subject to the constitution of the IMC. 
   
6. Teacher manager election is conducted in accordance with the constitution.
   
  (For planned schools, teacher manager election could be conducted within one year after the establishment of the IMC)
   
  Download : Guide for Teacher Manager Election (as at 31/10/2014) PDF (156 KB)
   
7.  Sponsoring body submits the completed " List of Proposed Managers" and "Application for Registration as a Manager".
   
  Download" List of Proposed Managers (Form IMC-3)"
  Download"Application for Registration as a Manager (Form 6A)"
   
8.  Upon the approval of the list of proposed managers by the Permanent Secretary, the proposed managers will be registered as the managers of the school.
   
9. 

The Permanent Secretary issues the certificate of incorporation. At the same time, the name of the IMC, together with the name, tenure of office and category of each manager will be entered in the Register of IMC.

   
10.

The IMC shall give notice in writing of the assumption of office of the first supervisor to the Permanent Secretary within 14 days after its establishment.

   
 
 Download

" Notice of Assumption of Office of First Supervisor / Supervisor /  Acting Supervisor (Form IMC-4)" 

 
   
11.

Parent-teacher Association and Alumni Association have to review their constitution for the purposes of being recognized by the IMC

   
12.  The IMC shall recognize a body as the recognized parent-teacher association of the school.
   
  DownloadSample Recognition Letter to Parent-Teacher Association MS Word (20 KB)
   
13. The recognized parent-teacher association shall conduct the parent manager election within 3 months after the establishment of the IMC.
   
  (For planned schools, the parent manager election shall be conducted within 3 years after the establishment of the IMC)
   
  Download : Guide for Parent Manager Election (as at 31/10/2014) PDF (291 KB)
   
14.  The IMC or the sponsoring body, as may be provided for in the constitution shall recognize a body as the recognized alumni association of the school.
   
  Download Sample Recognition Letter to Alumni Association MS Word (21 KB)
   
15.   The recognized alumni association conducts the alumni manager election. 
   
  Download : Guide for Alumni Manager Election (as at 4/11/2015) PDF (497 KB)
   
  (If no person is nominated by the recognized alumni association, the IMC may nominate the alumni manager in accordance with the constitution of the IMC)
   
16. The IMC nominates the independent manager in accordance with its constitution within 1 year after the establishment of the IMC.
   
   
   
 * Related Matters
 
 *   Contract Arrangements before Establishment of IMC  
   
 * Differentiation of Schools Funds and Assets 
   
 
Download : Guidelines on Differentiation of School Funds and Assets before the Establishment of an Incorporated Management Committee PDF (28 KB)
 
   
 * Open bank accounts 
 

The IMC shall, as soon as possible, open bank accounts for receiving and handling funds from the Government in the capacity of a trustee and inform the Funds Section of the Education Bureau of the particulars of its accounts. (In general, the IMC shall provide the bank its Certificate of Incorporation, constitution and the relevant minutes of meetings to confirm the authorized persons of the account. At the same time, each authorized person shall also provide a copy of the documentary proof of registration of manager and his/her signature sample to the bank.) 

   
 * Name and Common Seal of IMC 
  The IMC shall have an English name and a Chinese name in the form of the registered name of the school.  Besides, the IMC shall have a common seal and a registered office. 
   
 
Download : Points to Note for the Name and Common Seal of IMC PDF (16 KB)  
  
   
 * Declaration and Disclosure of Interests by Managers  
 
   
   
   

 

 

 

Question:            
Can the constitution of the parent-teacher association (PTA) be amended to allow the elected chairperson and vice chairperson of the PTA to take up the posts of parent manager and alternate parent manager automatically?
  Answer
The Ordinance provides that every parent has equal right of voting and candidature in the election of parent managers, who should be elected by one-parent-one-vote and by secret ballot.  If it is stipulated that the elected PTA chairperson and the vice chairperson will automatically be a parent manager and an alternate parent manager, it may deprive the right of candidature of some parents who wish to stand for the election of parent manager but not PTA chairperson.  This will go against the legislative spirit of the Ordinance.  However, in order to streamline election procedures, a PTA may consider conducting the election of PTA office-bearers and election of parent managers concurrently.   Parents can also elect the same person as the chairperson of the PTA and the parent manager of the IMC.

 

 

Question:            
Who have the right to vote in the election of parent managers?
  Answer
According to Section 40AO, all parents of current students of the school have equal right to elect and be elected.  For parent manager, 'parent' in relation to a student, includes a guardian of the student and a person who is not the parent or guardian of the student but has the actual custody of the student.  Even if a parent is not a member of the parent-teacher association, he/she can still stand for and vote in the election.  In voting, every parent (or guardian) can only have one vote irrespective of the number of children he/she has at the school.  This is to ensure that the election is conducted in a fair manner.

 

 

Question:            
Is the recognised PTA under the Ordinance the only platform for election of parent managers?  Is the number of parent managers limited to one only?
  Answer
The recognised PTA under the Ordinance will arrange the parent manager election.  The election should allow all parents of current students of the school to vote in a fair manner by means of one-parent-one-vote and secret ballot.  There should be at least one parent manager in an Incorporated Management Committee.  The maximum number is decided by the constitution of the IMC.  In addition, the Ordinance provides that if the IMC constitution allows the nomination of not more than one parent manager, one alternate parent manager should be added.

 

 

Question:            
Will a person with more than one capacity have the right to choose the category in which he/she will be nominated as a manager?
  Answer
The Ordinance stipulates that no manager shall serve in an IMC in more than one capacity.  A parent manager, alumni manager or independent manager must not be a teacher of the school.  If a teacher is also a parent and an alumnus, he/she can only be nominated as a teacher manager.  A school principal, who is an ex-officio member of an IMC, cannot serve as teacher manager.

 

 

Question:            
Could a recognised PTA retrospectively endorse the PTA chairperson to be the parent manager or the existing parent manager, who was elected before the establishment of the IMC, to be the parent manager of the IMC?
  Answer
According to the Ordinance, the PTA recognised by the IMC of a school shall be responsible for the nomination of its parent manager who shall be returned by election.  The nomination of parent manager by way of retrospective endorsement was not elected through the recognised PTA.  Therefore the PTA cannot use this way to nominate parent manager to be the manager in the IMC.

 

 

Question:            
Is there any time limit for nominating an alumnus to register as the first alumni manager?
  Answer:
The composition of the Incorporated Management Committee (IMC) must include an alumni manager.  In special circumstances, such as the school has started operation recently and cannot find a suitable alumnus (for example age and experience of the alumni) to fill up the post, then the IMC of the school may have no alumni manager temporarily.  Otherwise, if the school has been running for a reasonable period of time, the recognised Alumni Association should elect an alumnus to be the alumni manager.  In the case that no person is nominated by the Association for the time being, the IMC may nominate such number of persons for registration as alumni manager(s) of the school as may be provided for in its constitution to maintain the completeness of IMC composition.

 

 

Question:            
Can the school set up its IMC on a specific date?
  Answer:
Education Bureau (EDB) will co-operate with schools to set up their IMCs according to their proposed date if the EDB has enough time to handle the application for registration as IMC manager but the proposed date should not be in public holiday.

 

 

 

Last revision date: 04 November 2015
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