Statutes

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Title I

FORM – OBJECT – NAME – HEAD OFFICE – DURATION – OFFICIAL LANGUAGES

ARTICLE 1 - FORM - NAME

A non-profit-making association is created between the undersigned Mediterranean basin Federations (the “Federations”) which will be governed by the present statutes.
The name of the association is : Mediterranean Sailing Union (“MSU”).

ARTICLE 2 - OBJECT

The MSU object is :

2.1 to contribute in the broadest possible promotion of the practice of sailing in the Mediterranean basin ;

2.2 to establish the necessary and useful contacts between the Federations for the promotion and development of the practice of sailing and to strengthen the friendship links between all sailors and managers;

2.3 to watch over the right enforcement of the rules and regulations of the International Sailing Federation (“ISAF”).

2.4 to coordinate the programmes of activities of the Federations for the establishment and harmonization of the competitions calendar of the Federations;

2.5 to help, in close collaboration with the concerned continental Committee, the management of the competitions which will occur in that area ;

2.6 to establish the annual Mediterranean Conference agenda ;

2.7 to promote the system of competitions realised in the countries of that area ;

2.8 to solve and to take all useful decisions concerning the litigious cases or disagreements which could occur during the sailing practice between Federations ;

2.9 to elaborate a charter for the respect of environment by all sailors of the Federations members.

ARTICLE 3 - HEAD OFFICE

The MSU head office is determined every 4 years by the Ordinary Meeting of the General Assembly.
The Federation of the country in which the MSU head office is located supports the hosting (offices) and functioning expenses of the MSU.

ARTICLE 4 - DURATION

The MSU is constituted for an unlimited duration.

ARTICLE 5 -OFFICIAL LANGUAGES

The official languages of the MSU are the French, the English and the Arabic languages. The Federations’ delegates will have the possibility to express themselves in their mother tongue if they provide the immediate translation in one of the official languages at their own costs and initiative.
All MSU documents are written in the official languages.
In case of disagreement concerning the interpretation of the present statutes or any other document, regulation or rule coming from the MSU, the French text will prevail.

Title II

ASSOCIATION MEMBERS

ARTICLE 6 - COMPOSITION

The MSU is composed of the Federations having undersigned the present statutes and any other Federations which will join it, after approval of the General Assembly with a 2/3 majority vote.
Each Federation can be represented by only one delegate.
A Federation can be accepted as MSU member only if the following cumulative requirements are met :

- it is an ISAF member and a member of the International Committee of Mediterranean Games,
- it addressed to the President a membership request, accompanied with the texts and regulations governing its functioning.

Each country can be represented only by one Federation.
Any Federation in arrears of its subscriptions may, upon decision of the General Assembly, be denied the right to participate in the meetings (competitions and meetings) created and organised by the MSU, as well as the right of voting in the next General Assembly.

ARTICLE 7 - RETIREMENT - CANCELLATION

The MSU membership is cancelled :

- by retirement;
- when the annual subscription mentioned in the Article 12 of the present statutes is overdue, the cancellation being then approved by the General Assembly ;
- when the Federation accepted as member is dissolved ;
- when a majority of two thirds of the General Assembly decides the cancellation.

The retiring or cancelled Federation loses its rights to promote itself as member of the Mediterranean Sailing Union

Title III

AGENTS - ADMINISTRATION – FUNCTIONING

ARTICLE 8 - GENERAL ASSEMBLIES

The General Assembly enacts during an Ordinary or Extraordinary General Assembly.
The General Assembly shall consist of the President, the Vice President and the Federations’ delegates.
Each Federation, if its subscription is paid, is allowed one vote.
Each Federation will be allowed one proxy for only one Federation.

8.1 Ordinary General Assembly
The Ordinary General Assembly meets once a year. It is convened by the President.
The agenda is determined by the author of the notice and will possibly include the following items :

- Approval of the previous meeting’s minutes ;
- President and Treasurer’s reports ;
- Approval of the annual accounts ;
- Decision of the MSU office (when relevant) ;
- Decision of the next Assembly venue.

The Assembly will be regularly constituted with the attendance of a third of the Federations. No decision will be given unless such quorum is present.

Minutes of the meetings will be established and signed by the President and the secretary of the meeting. The minutes of the General Assemblies will be sent to the Federations.
On the occasion of the Mediterranean Games, the Assembly will be elective and will be held close to the event.
The hosting Federation will support the accommodation expenses of the Executive Committee members and organization expenses of the Assembly.

Any decision shall be taken by a simple majority of votes of the attending or represented Federations, in the event of any equality of votes, the President shall have a casting vote. However, the change of location of the MSU office as well as the dissolution of the MSU and cancellation and acceptance of a Federation shall be decided with a 2/3 majority of the General Assembly.

8.2 Extraordinary General Assembly
The Extraordinary General Assembly is convened (i) upon decision of the Executive Committee or (ii) upon written request of 1/3 of the Federations.
The Extraordinary General Assembly shall meet before the time limit of 3 months since the presentation of its request. The Agenda shall only include the subject for which the Assembly has been requested.

ARTICLE 9 - EXECUTIVE COMMITTEE

9.1 An Executive Committee, composed of the President, the Vice-President, the Treasurer, the Secretary and two Members, is in charge of the management of the MSU.
The President and the Vice-President shall be from Federations of opposite sides of the Mediterranean Sea.
The Executive Committee is in charge with the enforcement of the Assembly’s decisions. The Executive Committee manages and administrates the MSU interests. It meets as often as necessary.

9.2 President
The President is elected by the General Assembly for a 4 year mandate.
The President presides the Ordinary and Extraordinary General Assembly and represents the MSU to the local and international institutions.

The President is in charge of convening the Assembly and the Executive Committee.
The President arranges the expenses and represents the MSU for all the legal functions. For that purpose, he has all the powers, and he can delegate them; among others, he can go to court in the name of the MSU, in request or in defence. In case of representation in law, the President can only be replaced by the Vice President or a representative acting with special powers.

The President is the delegate of his Federation.
In case of absence, the President is replaced by the Vice-President.

In case of vacancy because of the death or resignation of the President, the Vice-President will manage the interim until next Ordinary General Assembly meeting. The President elected during this Assembly will continue his mandate until the end of the original mandate of the President replaced.

9.3 Vice-President
The Vice-President is elected by the General Assembly for a 4 year mandate.
He’s in charge of the functions delegated by the President.
The Vice-President is the delegate of his Federation.

9.4 Treasurer
The Treasurer is elected by the General Assembly for a 4 year mandate.
He is in charge of all matters concerning the MSU estate management. He keeps regular accounts concerning all operations, he controls the MSU payments and receipts and directly informs the President about the MSU financial running management.
At least each civil year, he reports to the Executive Committee which states on the management after having heard his report ; this report is then transmitted to each Federation.

9.5 Secretary
The Secretary is appointed by the President and has to be a resident of the country of the MSU Head Office, he practises its logistic support and collaboration task under the authority of the President, during the duration of his mandate.

The Secretary is in charge of :

- The administrative completions as well as the MSU organisation requirements;
- writing the minutes of Executive Committee and General Assembly meetings;
- Sending the translation of the MSU documents in the official languages as soon as possible to the Federations;
- the mails and archives;
- the transcription on the registers and enforcement of prescribed formalities.

He takes part in the Executive Committee and Assembly meetings, without being entitled to vote.

9.6 Members
The Executive Committee members are elected by the Ordinary General Assembly for a 4 years mandate. Each member of the Executive Committee shall be member of a Federation from a different side of the Mediterranean sea.
After 2 unjustified absences at meetings, members are automatically considered as having resigned and will be replaced during the next General Assembly.
The Federations whose delegates are at the Executive Committee shall ensure their attendance to the Executive Committee meetings scheduled and shall support all expenses to attend these meetings.

9.7 Les Fédérations dont les délégués sont au Comité Exécutif sont tenues d'assurer leur présence aux réunions prévues du Comité Exécutif et de prendre en charge tous les frais encourus pour assister aux réunions.

ARTICLE 10 - RESOURCES

The MSU resources are composed of :

1. Annual Federations’ subscriptions which amount is decided by the Ordinary General Assembly;
2. Entry fees to be paid by the Federations for the participation in events organised by the MSU ;
3. Partnership contracts receipts, advertising or sponsoring contracts ;
4. Penalty or penalization taxes ;
5. Thirds liberalities.

Accounts are kept allowing an annual trading results account and balance-sheet, which balance will be allocated to reserve funds that might be used for any action in accordance with the MSU object.
The MSU will only be responsible for the commitments taken in its name and no Federation will be held responsible for it.

ARTICLE 11 - INTERNAL REGULATION

The Executive Committee may establish an internal regulation and shall submit it to approval in the next General Assembly.
The internal regulation intents to fix the items which are not planned in the statutes, especially concerning the internal management of the MSU. It can not change the statutes nor contradict them.

ARTICLE 12 - DISSOLUTION

The dissolution of the MSU can only be decided by the General Assembly, convened especially for that reason and deliberating in the 2/3 majority of the General Assembly.
The dissolution will be effective without further consideration after the official resignation of more than 2/3 of the Federations.
In case of dissolution, the General Assembly appoints a liquidator, in charge of the MSU goods liquidation, and will determine its powers. If necessary, the liquidator will attribute the clear assets to the Mediterranean Games International Committee.

ARTICLE 13 - STATUTES MODIFICATIONS

The modification of the statutes is the exclusive power of the General Assembly.
The statutes can only be modified with the General Assembly’s 2/3 majority.

Title IV

FORMALITIES – MISCELLANEOUS – NON-DISCRIMINATION

ARTICLE 14 - FORMALITIES

The President is in charge of completing the declaration and publication’s formalities prescribed by the regulations in force and giving all powers for that purpose. All powers are given to him in order to comply with those formalities.

ARTICLE 15 - NON PLANNED CASES

All the cases which are not planned in the present statutes will be examined by the Executive Committee and deferred to the approval of the General Assembly.

ARTICLE 16 - NON DISCRIMINATION

The MSU forbids and declares itself opposed to any discussion and discrimination regarding political affiliation, race or religion.

ARTICLE 17 - TRIBUNAL OF ARBITRATION OF SPORT

In case of major legal dispute between Federations, the Federations will resort to the Tribunal of Arbitration for Sport.