In order to honour their memory of the Methodist English High School (hereinafter called the “MEHS”) in Rangoon, Burma (now known as Yangon and Myanmar, respectively) which they attended, and that of the teachers and other staff of the MEHS, alumni of the MEHS have established the MEHS Memorial Foundation (hereinafter called “the Foundation”) at 24011 Plover Lane, Laguna Niguel, California 92677, United States of America.

The Fund will be administered by 5 trustees initially, each hereinafter called a “Trustee” and collectively “the Trustees”, and each of whom will be an alumnus of the MEHS.

The principal objective of the Foundation will be to assist students in or from Burma who the Trustees, at their absolute discretion, consider worthy and deserving, and in need of financial support in order that they can achieve their maximum educational potential.

In order to achieve this objective, the responsibilities of the Trustees shall include, but shall not necessarily be limited to: -

1. soliciting donations from fellow MEHS alumni, or other well-wishers,
2. in order to maximise donations to the Foundation, recruiting and appointing ambassadors and collectors for the Foundation in countries where significant numbers of MEHS alumni reside,
3. recruiting patrons of the Foundation, from teachers or other staff of the MEHS,
4. registration of the Foundation, as soon as is practicable, as a tax-exempt charity in the United States of America,
5. accounting for such donations, in accordance with recognised accounting regulations in force in the United States of America,
6. investing the donations so as to achieve the best return consistent with security,
7. recruiting MEHS alumni resident in Burma as volunteer helpers of the Foundation and, in consultation with such volunteers, establishing from time to time the criteria for the selection of students to be provided with financial support by the Foundation, and determining the terms of such support,
8. in consultation with such volunteer helpers, determining the particular students selected for financial support, and monitoring their educational progress,
9. determining the amount of Burmese kyats, or such other currency as may be disbursed from time to time, that should be given to each selected student each year, and, where applicable, the acquisition at the best available exchange rate, and consequent disbursement of the relevant kyats, to the students concerned,
10. the production of an annual report of their trusteeship of the Foundation, such report to be published on the MEHS internet web-site www.mehsa.org on 31st December each year, commencing on 31st December 2008.

Each Trustee agrees to serve the Foundation without remuneration of any kind, save for reimbursement of expenses necessarily incurred in the exercise of their trusteeship, and which the other Trustees agree shall be reimbursed.

No Trustee shall be personally liable for any losses incurred by the Foundation, save for losses incurred as a direct result of fraud or embezzlement or other similar criminal action committed by that Trustee.

The initial Trustees may agree, by majority vote, to recruit and appoint additional Trustees.

All decisions taken by the Trustees shall be based on simple majority vote, and because they are resident in many different countries such vote may be conducted by electronic means, such as the telephone or email.

The names, of the initial 5 Trustees follow at the end of this document and are incorporated in this document, and in the initial By Laws of the Foundation, with the proviso that the terms of the By Laws may be amended at any time by the Trustees by mutual majority agreement.

Each Trustee shall remain Trustee for as long as he or she is able and willing to do so, or until removed as a Trustee, and replaced by another, by the majority vote of the other Trustees. Successor Trustees will certify in writing that they will abide by the terms of this document, and by the By Laws of the Foundation applying from time to time.

The terms of this document and the By Laws of the Foundation shall be governed by the laws of California in the United States of America.

1. Students selected for support by the Foundation shall initially be restricted to the descendants of teachers or other employees of the MEHS, who are students attending Dagon No. 1 High School (being the name given to the MEHS after its nationalisation by the Government of Burma), or other schools situated in Rangoon or its suburbs, and who the Trustees, at their absolute discretion, consider are in need of financial support in order that they may achieve their maximum educational potential.
2. Such students shall be selected in order of merit by the results they achieve in the annual matriculation, or university entrance, examinations.
3. Selected students shall be given the equivalent, in Burmese kyats acquired at the open market exchange rate, of US dollars 100 (one hundred) per annum during the term of their undergraduate university studies, provided they pass their subsequent annual university examinations each year.
4. A single failure in the annual university examinations will be excused, with the annual payment re-instated if and when the student passes the examination on his or her next attempt. A second failure will result in the termination of all payments from the Foundation to that student.
5. All payments to selected students shall be ex-gratia, with no contractual obligation on the part of the Foundation or the Trustees to maintain such payments year after year.
6. The Trustees shall recruit and appoint volunteer helpers, resident in Burma, who are also alumni of the MEHS or its successor Dagon No. 1 High School, who shall recommend to the Trustees which students should be given financial support under the terms of these By Laws, or who shall recommend to the Trustees changes to these By Laws, and who shall also be responsible for checking the examination results of the selected students each year, and for receiving and disbursing payments on behalf of the Foundation to them.
7. The reasonable expenses, in Burmese kyats, incurred by such volunteer helpers in carrying out their responsibilities on behalf of the Foundation will be reimbursed by the Trustees from its funds.
8. A Trustee may not seek reimbursement of any expense, incurred in the exercise of his or her trusteeship of the Foundation, in excess of US dollars 20 (twenty), or its equivalent in other currencies, unless the amount of that expense, and its purpose, have been approved in advance by a majority of the other Trustees.
9. If the finances of the Foundation permit, the amounts disbursed to each selected student may be increased to more than the equivalent of US $100 per annum. Similarly, if there are insufficient receipts by the Foundation, the amounts disbursed may be reduced accordingly.
10. In order to facilitate the raising of donations to the Foundation, the Trustees will endeavour to recruit and appoint ambassadors and collectors for the Foundation in major countries where a number of MEHS alumni reside.
11. If donations received exceed the expected annual disbursements and other expenses of the Foundation, the Trustees may invest, or instruct the investment of, such excess at the best currently available rate of interest or in securities, consistent with the security of such excess receipts. The Trustees shall not be held personally or collectively responsible for any losses incurred as a result of such investment.
12. As and when it is considered both practicable and affordable, the Trustees, in consultation with their volunteer helpers in Burma, may agree to extend the scope of the support of the Foundation to students other than the descendants of teachers or other employees of the MEHS who are studying at Dagon No. 1 High School or other schools situated in Rangoon or its suburbs, and/or to the support of retired teachers and other employees of the MEHS as the Trustees deem appropriate.

Trustees:

1. Marina Ann Gaudoin (nee Pereira) pnmgaudoin@hotmail.com,
2. Julia Win (Nyunt Nyunt Yee) nyuntaungyi@yahoo.com,
3. Harry Taw harrytaw@aol.com,
4. Cecil L. W. Wagstaff cecil@wagstaff.id.au,
5. Edwin Tut (U Aye Tut) ceo@goldenarrowmarine.com

Posted: October 8, 2007