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STATUTE AMATEUR SPORTS ASSOCIATION KITESAFARI ASD
Name – Head Office
In the spirit of the Constitution of the Italian Republic and in compliance with the provisions of art. 36 et seq. of the Italian Civil Code, an association is hereby established, with its head office in 39040 Luson (BZ), vicolo Unterdorf, n.16, under the name „Kitesafari Amateur Sports Association“, in short „Kitesafari asd“. The seat of the Association may be changed, within the same municipality, by resolution of the Board of Directors.
The association complies with the rules and directives of the sporting bodies, with particular reference to the provisions of CONI as well as the Statutes and Regulations of the national sports federations or the sports promotion body to which the association is affiliated by resolution of the Board of Directors.
Purpose – Object
The association is a permanent centre of voluntary and democratic associative life whose activity is an expression of participation, solidarity and pluralism. It is non-profit and operates for sporting, recreational and cultural purposes for the exclusive satisfaction of collective interests.
The association aims to:
a) promote and develop amateur sports activities, in particular in disciplines such as, but not limited to KITESURF, S.U.P. (Stand Up Paddle), WINDSURF and other sporting activities related to kitesurfing (snowkiting, wakeboarding, skateboarding, etc.)
b) organise sporting events directly or collaborate with other parties in their implementation;
c) promoting educational activities for initiation, refresher and advanced training in sporting activities;
(d) to study, promote and develop new methodologies to improve the organisation and practice of sport
e) managing its own or third-party facilities used as gyms, fields and sports facilities of various kinds;
f) organising sports teams for participation in championships, competitions, events and initiatives of various sports disciplines
g) organising introductory courses for sports, motor and maintenance activities, training and qualification courses for sports operators
h) organising recreational and cultural activities to make better use of members‘ free time;
i) actively participating in the preparation and management of activities related to the promotion and holding of competitions, championships, events and meetings of a sporting, recreational and cultural nature
l) to collaborate with school authorities in order to encourage the widest possible dissemination of the practice of the sporting activities referred to in Article 3 paragraph a in schools of all levels, as well as to collaborate with other bodies and operators in promotional, advertising and operational actions aimed at increasing the economy in the locality where it operates.
In addition, the association, by means of specific resolutions, may: set up and manage refreshment stands, bars and similar activities connected to its own facilities and possibly also during sports and recreational events; carry out occasional public fundraising; carry out, on a purely marginal and non-profit basis, activities of a commercial nature for self-financing: in this case it shall comply with the administrative and tax regulations in force; carry out all those other activities that are necessary or useful for the achievement of the corporate purpose. Coaches-instructors: the educational activities, organised within the scope of the association’s purposes as set out above (ART. 3), shall be held by coaches and/or instructors in possession of appropriate certification according to the standards decided by the board of directors.
The number of members is unlimited. Individuals, Companies and Bodies that share the Association’s aims and are committed to achieving them may be members.
Anyone wishing to be admitted as a member must make a request, also verbal, to the Board of Directors, undertaking to abide by these Articles of Association and to observe any regulations and resolutions adopted by the Association’s bodies. Companies, associations and entities wishing to become members of the Association must submit an application for membership signed by their legal representative. Upon acceptance of the application by the Association, the applicant shall acquire the status of member to all intents and purposes. In any case, temporary membership is excluded.
The life of the association is characterised by a uniform regulation of the associative relationship and the associative modalities aimed at guaranteeing the effectiveness of the relationship. Membership gives the right
-to participate in all activities promoted by the Association, in compliance with the Association’s internal regulations;
-to take part in the life of the Association, expressing one’s vote in the appointed seats, also with regard to the approval and amendment of the provisions of the Articles of Association and any regulations
-to stand for election to the Board of Directors.
Members are bound:
-to comply with the Articles of Association, the Rules of Procedure and the resolutions passed by the corporate bodies;
-pay the membership fee.
Members are obliged to pay the annual membership contribution determined according to the activity programmes. This fee shall be determined annually for the following year by resolution of the Board of Directors, unless changes are made with respect to what was previously resolved, and in any case can never be returned. Dues or membership contributions are non-transferable and non-assessable.
Withdrawal – Exclusion
Membership is lost by withdrawal, exclusion or death.
Resignation as a member must be submitted in writing (by letter A.R. or e-mail) to the Board of Directors. Exclusion shall be decided by the Board of Directors against any member
a) who fails to comply with the provisions of these Articles of Association, any regulations and resolutions adopted by the Association’s bodies;
b) who, without a justified reason, is in arrears in the payment of the annual contribution for a period of more than twelve months from the beginning of the financial year;
c) who carries out or attempts to carry out activities contrary to the interests of the Association;
d) who, in any way, causes serious damage, including moral damage, to the Association.
Resolutions taken regarding exclusion must be communicated to the addressee Members, by email, except in the case provided for in letter b) of Article 9, and must be motivated. The member concerned by the measure has 15 days from receipt of the communication to request the convening of the Assembly in order to contest the charges underlying the exclusion measure. The exclusion shall become effective with the entry of the measure in the register of members, which shall take place 20 days after the sending of the measure, or following the resolution of the General Meeting ratifying the expulsion measure adopted by the Board of Directors.
Economic resources – Common Fund
The Association derives the economic resources for its functioning and for carrying out its activities from
a) dues and contributions of the members
b) fees and contributions for the participation in and organisation of sporting events;
c) inheritances, donations and legacies;
d) contributions from the State, regions, local authorities, public bodies or institutions, also aimed at supporting specific and documented programmes carried out within the scope of the statutory purposes
e) contributions from the European Union and international bodies;
f) revenues from the provision of agreed services;
g) income from the sale of goods and services to members and third parties, including through the performance of economic activities of a commercial, artisan or agricultural nature, carried out in an auxiliary and subsidiary manner and in any case aimed at achieving the institutional objectives
h) liberal donations from members and third parties;
i) revenues deriving from promotional initiatives aimed at its financing, such as parties and subscriptions, also with prizes;
j) other revenues, also of a commercial nature, compatible with the association’s social aims. The common fund, constituted – by way of example but not limited to – by operating surpluses, funds, reserves and all assets acquired for any reason by the association, can never be distributed among the members during the association’s life or upon its dissolution. It is forbidden to distribute, even indirectly, profits or operating surpluses, as well as funds, reserves or capital, unless the destination or distribution is imposed by law. In any case, any operating surplus shall be obligatorily reinvested in favour of the statutory activities.
The financial year runs from 01/01 to 31/12 of each year. The Executive Board shall prepare the economic and financial statement to be presented to the Members‘ Assembly. The economic and financial statement must be approved by the Members‘ Assembly within four months of the end of the financial year.
Bodies of the Association
The organs of the Association are
a) the Assembly of Members;
b) the Board of Directors;
c) the President;
General Meetings are ordinary and extraordinary. They must be convened by means of a notice to be posted on the premises of the registered office and where the activities are carried out at least twenty days prior to the meeting, containing the agenda, place (in the registered office or elsewhere), date and time of the first and second convocation. Notice of the convocation shall also be communicated to individual members by methods such as publication in the association newspaper, fax, e-mail, in any case at least eight days before the meeting.
The Ordinary Meeting
a) approves the economic and financial statement;
b) elects the President of the association, the members of the Board of Directors and, if necessary, the members of the Board of Auditors;
c) deliberates on all other matters pertaining to the management of the Association reserved to its competence by these Articles of Association or submitted to it for examination by the Board of Directors, in accordance with the principle of assembly sovereignty;
d) approves any regulations.
It shall take place at least once a year within four months after the end of the financial year. The Assembly shall also meet as often as the Board of Directors deems necessary, or if at least one tenth of the Members so request in writing, indicating the matters to be discussed. In the latter cases, the convocation must take place within thirty days from the date of the request.
At assemblies – ordinary and extraordinary – the right to vote is held by adult members in good standing with payment of the membership fee according to the single vote principle. Each member may represent no more than one associate at the Assembly, by written proxy. In first call, the Assembly – both ordinary and extraordinary – is regularly constituted when half plus one of the entitled members are present or represented. On second call, at least one day after the first call, the meeting – both ordinary and extraordinary – is regularly constituted whatever the number of members present or represented. Resolutions of ordinary meetings are valid, by absolute majority of votes, on all items on the agenda. Resolutions are passed by open vote, with the exception of the appointment of corporate offices, and the imposition of sanctions for which a secret ballot is normally required.
The Assembly is extraordinary when it meets to deliberate on changes to the Statute and the dissolution of the Association by appointing liquidators. Resolutions in first call are valid, for changes to the Articles of Association with the presence of three quarters (3/4) of the members and with the vote of the majority of those present, for the resolution to dissolve the Association with the favourable vote of at least three quarters (3/4) of the members. Extraordinary Meetings shall be valid, in second call, whatever the number of Members attending or represented, and resolutions shall be passed, in both cases, with the favourable vote of ¾ of the Members present.
The Assembly shall be chaired by the President of the Association and in his absence by the Vice President or by the person designated by the Assembly. The Secretary is appointed by the President of the Assembly.
Board of Directors
The Board of Directors is made up of a minimum of 5 and a maximum of 7 members chosen from among adult members in relation to whom there are no causes of incompatibility provided for by the sports regulations in taking office. The members of the Council remain in office for four years and may be re-elected. The Board elects the Vice-President and the Treasurer from among its members. The Executive Board is convened by the President whenever there are matters to be deliberated on, or when requested by at least 1/3 of the members. The convocation is made by letter to be sent also by e-mail or delivered no less than eight days before the meeting.
Meetings are valid when the majority of the members are present or, in the absence of an official convocation, when all its members are present. Resolutions are passed by an absolute majority of those present. The Executive Board is vested with the broadest powers for the management of the Association. It is therefore incumbent upon the Board, inter alia, by way of example:
a) ensure, jointly or severally, the execution of the resolutions of the General Assembly;
b) draw up the budget and the economic and financial statement;
c) draw up internal regulations
d) enter into all acts and contracts pertaining to the Association’s activities;
e) deliberate, jointly or severally, on the admission and exclusion of members;
f) appointing the heads of the work commissions and sectors of activity into which the life of the Association is divided;
g) performing all acts and operations for the proper administration of the Association.
h) entrusting, by special resolution, special delegations to its members.
In the event that, due to resignation or other causes, one or more members of the Board fall from office, the Board of Directors may replace them by appointing the first of the non-elected members, who remain in office until the expiry of the entire Board; should it be impossible to implement this modality, the Board may appoint other Members, who remain in office until the following Assembly, which shall resolve on their possible ratification. If more than half of the Board members fall from office, the Shareholders‘ Meeting must appoint a new Board.
The President is the legal representative and signatory of the Association. The President is autonomously vested with the power of ordinary administration and, subject to resolution of the Board of Directors, the power of extraordinary administration. In the event of his absence or impediment, his duties are exercised by the Vice President. The President holds office for four years and may be re-elected. In case of resignation, it is up to the Vice President to convene the Members‘ Assembly within 20 days for the election of a new President.
Publicity and transparency of social acts
Substantial publicity and transparency of the acts relating to the Association’s activities must be ensured, with particular reference to the annual Budgets or Statements. These social documents, kept at the registered office, must be made available to the Members for consultation. Members shall in any case have the right to request the exhibition or copy of these documents if they are kept in a place other than the registered office.
The dissolution of the Association may be decided by the Assembly with the favourable vote of at least three quarters of the members with voting rights.
In the event of the dissolution of the Association, a liquidator, also chosen from among non-members, shall be appointed. Once all movable and immovable assets have been liquidated and all outstanding obligations have been discharged, all residual assets shall be devolved to Bodies or Associations that pursue the promotion and development of sporting activities, and in any case for socially useful purposes, having consulted the control body pursuant to Article 3, Paragraph 190 of Law no. 662 of 23/12/1996.
For all matters not expressly contemplated by these Articles of Association, the provisions of the Italian Civil Code, the laws in force and the provisions of the sports regulations shall apply, insofar as they are applicable.