International 29er Class Association Constitution

1 NAME

1.1 The name of the Association shall be the "International 29er Class Association".

2 OBJECTS

2.1 The objects of the association are:

(a)        To promote and develop 29er class racing under uniform rules throughout the world.

(b)        To provide a structure for class management and for the exchange of information among 29er sailors to enhance the enjoyment of these sailboats.

2.2       In furtherance of other events with international participation the 29er Class Association will:

(a)        Encourage the formation of National 29er Class Associations in all countries where boats are raced.

(b)        Ensure that World and Continental Championships are held in appropriate locations and to proper standards, and shall oversee such events.

(c)        Approve other events of International impact on the 29er Class and ensure they are held to proper standards.

(d)        Promulgate and review the class rules in association with Copyright Holder.

(e)        Wherever applicable the National Class Association is subject to the regulations of the ISAF, and the 29er Class Rules and will endeavor to carry out and respect the same.

(f)        In appropriate areas, encourage the formation of Regional Associations with responsibility for organizing regatta programs including Regional Championships.

3 MEMBERSHIP

3.1       To be eligible to race in any International 29er Regatta both helm and crew, individually, shall be a member of the International 29er Class Association.

4 ELIGIBIITY

4.1       Any country may, upon application to the Executive Director of the World

Council, be granted a charter as a National Class Association provided it satisfies the following requirements of membership to the World Council:

(a)        that it has formed a duly constituted National Class Association, recognized by their country's National Authority, for the development of racing 29ers within the country;

 (b)       that it has a duly elected committee, including such officers as it shall determine necessary and requisite, and,

(c)        that there is no other Association in their country already accredited to the World Council.

5 NATIONAL APPLICATIONS FOR WORLD COUNCIL CHARTER

5.1       Each application to the Executive Director of the World Council for a charter shall include a copy of their Class Association Rules, together with a current list of the members of that Class Association and the 29ers registered within that Class Association.

5.2       Shall appoint a National Representative who shall be the only official channel of communication with the World Council and whose address will be the official address of that National Class Association until the Executive Director is advised, in writing, by that Class Association of any change of Council member and or address.

5.3       The members of the World Council shall be bound by this Constitution, and duly enacted amendments thereto and shall comply with all resolutions and regulations made in accordance with this Constitution. National Class Associations shall use their best endeavors to ensure that individual members also comply with such resolutions and directions.

5.4       A member shall cease to be a member during any period in respect of which it or he has not paid its or his subscription or other monies due to the World Council or upon receipt of notice of its or his resignation by the Executive Committee. Such membership may be renewed with immediate effect by payment of outstanding dues or other monies owing to the Council.

6 GOVERNANCE

6.1       The International 29er Class Association shall be governed by its World Council and its affairs and property shall be managed and administered on an ongoing basis by its Executive Committee in accordance with:

(a)        the provisions of this Constitution and any Regulations passed under this Constitution,

(b)        any policies for the operation of the Association determined by the World Council

(c)        or any directives or guidelines established by the World Council.

7 WORLD COUNCIL

7.1       The World Council shall consist of the members of the Executive Committee and of one Representative of each member National Class Association, preferably the official National Representative.

7.2       A meeting of the World Council shall be held annually in such place and time as the Executive Committee may consider most convenient to the majority of the members. This meeting shall:

(a)        Receive the result of postal or electronic mail ballots.

(b)        Receive from the Executive Committee, and approve, a statement of accounts for the preceding accounting year, forecast accounts for the current year, and a budget for the next year.

(c)        Receive and decide on resolutions submitted in accordance with 7.4.

7.3       A Special meeting of the World Council shall be called by the Executive Director.

(a)        If the Executive Committee so resolves and in accordance with that resolution, or

(b)        forthwith upon (but not less than 6 weeks after) receiving the written request of not less than 10 National Class Association members (which request shall also specify any resolution which the members concerned wish to propose at the meeting).

7.4       Resolutions to the World Council shall only be submitted by a National Class Association or a member of the World Council.

7.5       At least 4 weeks written notice shall be given of any World Council Meeting by the Executive Director to the members of the World Council, together with a copy of the agenda for the meeting and of any resolutions which are to be proposed at the meeting. The Executive Director shall give such notice of (and only of) such resolutions as have been specified to him in writing 6 weeks before the meeting at which they are to be proposed.

7.6       The chairman at meetings of the World Council shall be the President, or in his absence, a Vice-President. If neither the President nor any Vice-Presidents are present, the meeting shall elect a chairman.

7.7       Nominations for officers my only be made by a National Class Association except as provided by 7.8.

7.8       Nominations for the officers standing for election must be received in writing by the Executive Director six weeks before the annual meeting of the World Council, provided that if there are not nominations for all the available posts the outgoing Executive Committee may make such additional nominations as are necessary in order to fill all available posts.

7.9       At any World Council meeting only resolutions of which notice has been given in accordance with this Constitution may be proposed and no amendments thereto shall be permitted, unless the amendment is accepted by the proposers of the resolution.

7.10     Proposals for amending the Constitution and Class Rules shall be by special resolution to a meeting of the World Council.

7.11     Four (4) weeks before the meeting of the World Council member National

Class Associations should certify in writing or written electronic communication, by boat number and owners name the number of registered 29ers that Class Association represents.  Payment of dues must accompany the list to ensure participation in the World or European Championship.

7.12     Only member National Class Associations and the members of the Executive Committee shall be entitled to vote at a meeting of the World Council. The number of votes to be cast by National Class Associations in any ballot in meetings of the World Council shall be in accordance with the number of boats registered with the International 29er Class Association as follows:

1 to 4 boats - 1 vote

5 to 19 boats - 2 votes

20 to 49 boats - 3 votes

50 boats & above - 4 votes

Members of the Executive Committee shall have one vote each.

7.13     Voting at World Council meetings shall (unless otherwise stated by this constitution) be by simple majority of the votes cast. In the event of a tied vote the President shall have a casting vote. If the President is absent from the meeting the Chairman of the meeting shall have a casting vote.

7.14     The quorum at World Council meetings shall be 40% of the member National

Class Associations, represented in person or by proxy, who shall be from at least two Continents and who is entitled to vote at the meetings.

7.15     A member National Class Association may not vote more than two (2) proxies.

7.16     A special resolution shall be passed at a World Council meeting only if 2/3rds or more of the votes cast are in its favor.

7.17     In the event of the World Council passing a resolution which in the reasonable opinion of Copyright Holder is contrary to the business interests of the themselves and the Builders, Copyright Holder may request the resolution be referred to the Executive Committee of the ISAF for binding arbitration or to such other body selected by ISAF executives with agreement of the parties.

7.18     The World Council is authorized to utilize for meetings electronic/telephone communications providing all participants can hear and participate in all communications.

8 OFFICERS

8.1       The World Council of the International 29er Class Association shall have the following officers:

(a)        President

(b)        2 Vice Presidents, from at least two continents

(c)        Treasurer

(d)        Chairman of Technical Committee

(e)        Executive Director

8.2       The President, Vice Presidents, and Treasurer shall be members of the Association or of one of its member National Class Associations, and be elected by the World Council by postal ballot or written electronic communication for a term of two years. Any retiring officer shall be eligible for re-election provided that he has not served more than 8 consecutive years in that office, with the exception of the Chairman of the Technical Committee.

8.3       The World Council may pass Regulations to provide for the method of election of all officers.

8.4       The Chairman of the Technical Committee shall be appointed by the Executive Committee on an annual basis, but with no fixed limit to the period of office.

8.5       The Executive Director may be appointed by the Executive Committee at such times and on terms and conditions determined by it.

8.6       In the event of the absence or vacancy of the position of President one of the Vice-Presidents shall fulfill all the obligations and duties of the President.

8.7       No person who is a member of or employed by the builders or a commercial undertaking involved with the 29er Class may be elected to any Office within the Class Association

9 THE EXECUTIVE COMMITTEE

9.1       The Executive Committee shall consist of the following:

(a)        President

(b)        2 Vice Presidents, from at least two continents

(c)        Executive Director

(d)        Treasurer

(e)        2 representatives appointed by the Copyright Holder

(f)        Chairman of the Technical Committee

9.2       Each member of the Executive shall have only one vote except that the

President or acting chairman shall only have a vote in the event of a tie vote

of the Executive Committee and the Executive Director shall not have a vote.

9.3       In the event that vacancies shall occur on the Committee between meetings

of the annual World Council.

(a)        In the event that a vacancy occurs in any of the posts of President,

Vice Presidents, or Treasurer the remaining members of the Executive Committee shall forthwith appoint one of their number or a person co-opted in accordance with (b) to fill the vacancy and the remaining members of the Committee may, but shall not be obliged to, co-opt such member or members as they shall consider fit to fill any vacancy.

(b)        Members so co-opted or appointed shall remain in office until the next meeting of the annual World Council.

9.4       The Executive Committee may appoint any subcommittees, and co-opt any person to such subcommittee as may be required from time to time to investigate any matters of interest to the Association.

10 EXECUTIVE COMMITTEE MEETINGS

10.1     Executive Committee meetings shall be held on such occasions and at such places as are either called by the President or decided by previous meetings of the committee.

10.2     The Executive Director shall give at least 3 weeks notice of such meetings, unless 75% of the voting members of the committee give their prior consent to a reduced notice period.

10.3     4 voting members of the Committee shall form a quorum.

10.4     The President shall chair all meetings at which he is present. At meetings where the President is not present a Vice President if present shall chair, otherwise the meeting shall elect a chairman from among themselves.

10.5     Resolutions at Executive Committee Meetings shall be passed by a simple majority of the voting members of the Committee present and voting. In the event of a tied vote the chairman of the meeting shall have a casting vote.

10.6     The Executive Committee is authorized to utilize for meetings electronic/telephonic communications providing all participants can hear and participate in all communications.

10.7     The Executive Committee may delegate to any one or more of its members such powers and duties as it shall determine for special purposes for a limited period.

>10.8 The Executive Committee is authorized to utilize for voting electronic/telephonic     communications providing all participants can hear and participate in all communications.

11 TECHNICAL COMMITTEE

11.1     The World Council will appoint a Technical Committee consisting of a Chairman plus 2 other members.

11.2     The function of the Technical Committee is

(a)        To advise the World Council and Executive committee on any technical matters relevant to the Class.

(b)        In conjunction with the Technical Department of the ISAF, to ensure that the One Design control of the Class is properly exercised by the builders and suppliers in accordance with the Manufacturing specifications and Handbook.

(c)        To investigate any query by a boat owner regarding the one design or specification of this boat, and to report to the Executive Committee.

(d)        To consult with the Copyright Holder on any development of the boat or equipment deemed to be desirable as a result of sailing experience.

(e)        To ensure that the boats used in World and Continental Championships and major regattas comply with the Class Rules.

12 FINANCIAL MATTERS OF THE INTERNATIONAL CLASS ASSOCIATION:

12.1     The association shall be funded by:

(a)        Subscriptions from National Class Association and individual members.

(b)        A share of the building fee paid on each boat.

(c)        A share of the fee paid on each sail manufactured.

(d)        Television rights of international events in accordance with ISAF regulations.

(e)        A share of the Entrance Fee of World and Continental Championships, negotiated between the Executive Committee and the Organisers of the event.

(f)        Any other revenue negotiated and accepted by the Executive Committee.

12.2     The Association's subscription years shall run from 1 January to 31 December.

12.3     The amount to be paid as subscriptions to the International 29er Class Association shall be decided by the World Council.

12.4     All other fees, such as those for approval of events, professional or other, or for services provided at events, shall be decided by the Executive Committee.

12.5     Member National Class Associations shall pay a fee for each registered member of their Association.

13 EXPENSES

13.1     A budget for expenses shall be agreed each year by the World Council, and expenses shall be reported under a separate heading in the Annual Accounts.

13.2.    The reasonable expenses of the Officers and other members of the Executive Committee in complying with their obligations and exercising their powers under these rules may be payable out of the funds of the Association on application to the Executive committee.

14 ACCOUNTS

14.1     The Executive Committee shall cause annual accounts to be prepared for each year which truly and fairly show the Association's capital and its income and expenditure.

14.2     The fiscal period of the World Council shall be 1 January to 31 December each year unless changed by resolution of the World Council.

14.3     A copy of the accounts for the latest complete fiscal period shall be sent by the Treasurer to the appointed National Association Representative with the notice of the Annual meeting of the World Council.

15 NOTICE

15.1     Where under this Constitution the Executive Director is required to give written notice to any person or body, such notice shall be deemed for the purposed of this Constitution to have been given if it is given by post or written electronic communication and so that:

(a)        If it is given by post it shall be deemed to have been given on the 7th day after the Executive Director shall have posted such notice by first class or air post to the person or body concerned at the address given for such person or body in the records of the Association whether or not it shall in fact have been received by the person or body concerned within that time or at all;

(b)        If it is given by written electronic communication it shall be deemed to have been given 24 hours after the Executive Director has successfully dispatched the written electronic communication whereto or not is shall in fact have been received by the person or body concerned within that time or at all.

(c)        Provided that the Executive Director shall only be entitled to give notice to a person or body by way of written electronic communication if that person or body shall have provided (and not withdrawn) the address or number for the electronic communication to the World Council.

15.2     The Executive Director shall keep a register of such notices, which shall include evidence that the notice has been sent.

16 SUSPENSION AND REMOVAL FROM MEMBERSEIIP

16.1     A member, or individual of a National Class Association, may be suspended from membership by the Executive Committee only after a hearing protecting his rights to due process including a mutual exchange of evidence prior to the hearing.

16.2     A member may be suspended for the following:

(a)        Committing an unlawful act in relation to the Association or one of its members, or

(b)        For any unsportsmanlike conduct contrary to the interest of the members of the association, or

(c)        For intentional violation of Class Rules.

16.3     A member National Class Association shall apply any such suspension to any of its individual members so suspended

16.4     A member shall not be entitled to any return of any or any part of his subscription in respect of any period for which he shall be suspended or removed from membership.

17 AMENDMENTS

17.1     This Constitution may only be amended by a special resolution for which notice has been duly given and which is duly proposed and passed at a World Council meeting pursuant to the terms and conditions of this Constitution and ISAF.

18 LIMITATIONS

18.1     The Officers and Executive Committee shall not be obliged to do any of things required of them by these rules if the World Council shall not reasonably be expected to be in funds sufficient to pay their reasonable cost and expenses by the time these costs and expenses are estimated to come due.

18.2     In the execution of their powers and duties under this constitution no officer or other member of the Executive Committee shall be liable for any loss to any of the members or former members of the World Council or to the assets of the World Council by reason of any mistake or omission made in good faith by him or any other officer or member of the Executive Committee or for any other matter other than willful and individual wrongdoing omission or fraud on the part of the person who is sought to be made liable.

19 PROPER LAW AND JURISDICTION

19.1     The proper law of the International 29er Class Association and World Council shall be English law and this Constitution shall be construed, take effect and be enforced accordingly.

19.2     The decision of the Executive Committee shall be final in matters of the management of the World Council and only if the actions or decisions of the Executive Committee are disputed formally in writing by any member or group of members of the World Council. The decision of the World Council shall be final, subject to the judgment of a court of proper jurisdiction in the circumstances applying English law as provided in Article 19.1

 

Approved August 2015