Via Zanzi 43
21037 Lavena Ponte Tresa
yachtclubceresio@libero.it
+39 3441019945
THE ARTICLES OF ASSOCIATION
Art. 1) Constitution of the Association
The Sports Association called YACHT CLUB CERESIO (Y.C.C.) is established in Lavena Ponte Tresa.
with head office in Via Ermanno Zanzi 43 Lavena Ponte Tresa.
Art. 2) Social purpose
To promote and spread nautical activities and in general all activities related to them.
The association is non-profit, and operates without discrimination on grounds of nationality or political or religious nature.
Art. 3) Social Year
It begins on 1 January and ends on 31 December each year.
Art. 4) Social Guide
The Y.C.C.'s Social emblem consists of a red cross on a white background bordered in blue, surmounted by the emblem of the Municipality of Lavena Ponte Tresa.
Art. 5 )Composition of the Association
The Y.C.C. is composed of the following social categories
a ) COMMODORE. A Founder, Meritorious or Honorary member who has carried out nautical activities for a long time or who has repeatedly held the highest social offices may be elected to the honorary office of Commodore by the Assembly, upon proposal of the Board of Directors. The office is unique and is life-long.
b) FOUNDING MEMBERS. Founding Members are those who have obtained this qualification upon the stipulation of the Y.C.C.'s deed of incorporation. The status of Founding Member is life-long; it can be lost through resignation or expulsion.
c) WELCOME MEMBERS. Persons who have brought particular benefit to the Association through their meritorious work may be appointed as such.
Their appointment shall be made by the Assembly, upon proposal of the Board of Directors, and shall be for life.
d) HONORARY MEMBERS. Honorary Members are those personalities, external to the Association, who for their prestige or merits acquired towards the same, the latter considers itself honoured to count among its Members.
The appointment is made by the Assembly, upon proposal of the Board of Directors, and is for life.
e) ORDINARY MEMBERS. These are natural persons who, having reached the age of 18, submit an application for admission, signed by at least two Y.C.C. Members.
The application must be accepted by the Executive Board.
f) YOUTH MEMBERS. These are the sporting Members or those enrolled in instruction courses organised by the Y.C.C. who have not yet reached the age of 18.
Their application for admission must be accepted by the Board of Directors.
g) EXTRAORDINARY MEMBERS. These are persons who apply for temporary admission to the Y.C.C.
The application must be accepted by the President of the Board of Directors.
h) SOCIAL GUESTS. They may be appointed on a temporary basis by the Chairman of the Board of Directors, on the occasion of special events, such as competitions, regattas, meetings, etc..
i) FAMILY MEMBERS. Family member status may be granted by the Board of Directors to the Member's spouse and children up to the age of eighteen, if they do not attend competitive activities.
Art. 6) Admission rules for membership
Persons of both sexes of proven seriousness and morality may be admitted to the Y.C.C. as Members.
Applications for admission must be submitted to the Executive Board on the appropriate form, countersigned by two proposing Members. By signing at the bottom of the application form, the candidate Member, in addition to consenting to the processing of his personal data, undertakes to comply with all the provisions of the Articles of Association, the Internal Rules and Regulations, the resolutions of the General Meeting and the provisions of the Board of Directors.
Applications for admission are previously screened by the Board of Directors, and if considered admissible, all Members are notified, by posting them on the Social Register for a period of 15 days, with an indication of the applicant's personal data and the names of the presenting Members.
Each Member may, within the aforementioned term, object by means of a written statement specifying the reasons, to be submitted to the Executive Board. The Executive Board decides inappellably on the admission of the new Member.
Art. 7 ) Rights of Members
All Members, with the exception of the cases indicated, have the following rights:
Use of the Association headquarters within the limits and in the manner established by the Internal Rules.
Use of the Association's boats and technical equipment of the various sections, within the limits and in the manner established by the Internal Rules.
To wear the Association uniform and display the Association's badges, within the limits and in the manner established by the Internal Rules.
d) Enrol their boats in the Y.C.C. registers and fly the social pennant
To keep, provided that space is available, one's own boat in the areas reserved for the Y.C.C., in accordance with the internal regulations.
Attend Members' Meetings, vote in the Members' Meetings, hold social and technical offices.
Benefit from the Association's assistance in their participation in sporting events.
Student Members are excluded from the rights under f) g) and h).
In order to enjoy the rights listed above, Members must be up to date with the payments due to the Association. The list of those excluded from the aforesaid rights shall be posted on the Association notice board and may also be included in circular communications to Members.
Art. 8 )Guests.
All Members, with the exception of Student Members, may invite Guests to the Y.C.C. premises, personally accompanying their Guests. The name of the Guest must be noted down together with the name of the accompanying Member and the date of the invitation, in a special register.
The same person may not be admitted as a Guest in the same quarter, even if a Guest of different Members.
Persons temporarily or permanently excluded from the Y.C.C. may not be admitted as Guests.
Art. 9) Admission Fee and Social Fees
The admission fee, the annual fees and the Members' contributions for the use of facilities are decided annually by the Assembly.
The social fees must be paid in advance by January of each year.
Deferred payment in quarterly or six-monthly instalments, due in January, April, July and October, is permitted.
Any Member that is in arrears with the payment deadlines shall be temporarily suspended from all social activities and shall be charged the legal interest.
Honorary Members, Lifelong Members and Social Guests are exempt from paying the annual and admission fees.
The annual fee and admission fee due are established in the following measures:
Ordinary Members 100 (one hundred) % of the basic fee
Student Members 30 (thirty ) % of the basic fee
Extraordinary Members 50 (fifty ) % of the base fee
Family Members 30 (thirty) % of the base fee
Each Member shall also pay the annual membership fees to the National Federations, if required, which are compulsory if competitive.
Art. 10 ) Commencement of Membership, Resignation, Expulsion for Delinquency.
Membership takes effect from the day the applicant is admitted to the Association.
A Member may cease to be a Member with the end of the membership year if he submits his resignation by 30 November, by registered letter to the Board of Directors.
Regardless of the reason for which the Member ceases to be a Member of the Association, he/she shall forfeit all rights inherent to membership and may not be readmitted to it, unless said termination is due to justifiable reasons.
At the end of the social year, Members who, even in part, have not paid their dues, shall be liable to be expelled from the Y.C.C. for delinquency, subject to prior notice from the Executive Board by registered letter with return receipt.
Art. 11 ) Disciplinary Measures.
Any Member or Trainee who violates, more or less seriously, the Statutes or Internal Rules, who behaves incorrectly, who is the subject of serious disciplinary measures inflicted by the competent bodies of the National Federations, or who, in any case, jeopardises the good name of the Y.C.C., shall be subject to disciplinary measures.
The disciplinary measures are as follows
1) warning;
2) written warning;
3) written reprimand with registration in the Social Register;
4) suspension from any social activity;
5)expulsion.
The Board of Directors shall inform the Member or Trainee, in writing, of the charges against him/her and, in the most serious cases, shall inform him/her of the temporary suspension from any social activity, inviting him/her to submit his/her comments in writing.
Disciplinary measures (including expulsion) shall be taken by a vote of at least two thirds of the members of the Board of Directors and the relevant decision shall be communicated by registered letter r. r. Within ten days of the communication, the Member or Student may appeal to the Board of Arbitrators. No new facts or new faults may be alleged at this stage of the proceedings.
If the accused is a member of the Executive Board, the relevant proceedings shall be conducted by the Board of Arbitrators at the request of the Presidency, which shall take the measure of temporary suspension, if appropriate. The decision of the Arbitrators will be communicated directly to the Member who is a member of the Board of Directors and the latter, within ten days, may appeal to the Members' Meeting.
Art. 12) Administration of the Yacht Club Ceresio
The Yacht Club Ceresio, within the framework of its Statute, is governed by the resolutions of the Ordinary and Extraordinary Shareholders' Meetings, by the resolutions of the Executive Committee and is represented by the President.
Even indirect distribution of profits or surpluses is forbidden.
Art. 13) The Members' Assembly.
The Ordinary Assembly shall meet upon convocation by the Board of Directors, at least once a year, within three months of the end of the financial year, to approve the final and budget financial statements; to establish the amount of the annual membership fee, the admission fee, and the contributions to be paid by the Members; to elect the Board of Directors and the Arbitrators, after appointing the scrutineers; to deliberate on the matters submitted to it by the Board of Directors or in any case regularly included in the agenda.
The Assembly meets whenever the Board of Directors deems it necessary, or at the request of at least one fifth of the Members, addressed to the President and accompanied by all the items to be included in the agenda.
The Ordinary or Extraordinary General Meeting shall be convened by simple postal notice, sent to each Member at least fifteen days in advance, containing the indication of the day, time and place of the convocation and the agenda. The notice shall be displayed on the Company Notice Board.
Proposals submitted in writing to the Board of Directors by at least twenty Members, ten days prior to the meeting, shall also be included in the agenda.
Budgets, proposals to change the Articles of Association, and in general any other subject submitted to the Assembly by the Board of Directors or by the Shareholders, must be posted on the company notice board for five days prior to the meeting.
The Ordinary Assembly is regularly constituted at the first convocation with any number of Members attending. Resolutions of the Assembly are passed by a simple majority of votes.
The Assembly, whether Ordinary or Extraordinary, is chaired by a President elected by simple majority by the Assembly itself from among its members who are not members of the Board of Directors, the Board of Arbitrators and the Board of Auditors. It also elects a Secretary in the same manner.
Members may not be represented at the Assembly by delegates, proxies or attorneys.
The minutes of the Assembly shall be posted on the Association's notice board within five days of the Assembly, where they shall remain displayed for fifteen days.
Art. 14 ) Constitution of the Executive Board
The Executive Board consists of:
-President
-Vice President
-Administrative Director
-Public Relations Manager
-Youth Sector Manager
-Sports Activities Coordinator
-Sailing Section Delegate
-Motorboat Section Delegate
-Canoeing and Rowing Section Delegate
-Diving Section Delegate
-Dynamic Modelling Section Delegate
-Delegate of the Ecology and Environment Section
The election of the Executive Board takes place by secret ballot.
Eligible for election to the Board of Directors are Members, Italian citizens, who have belonged to the Association for at least ten years, and who have submitted their candidature to the President at least thirty days before the date set for the Ordinary General Meeting.
The candidature must be submitted in writing, with the personal data of the candidate, the signed assent of at least thirty Members, and bearing the required role.
The Board of Directors remains in office for a four-year term and its members may be re-elected.
In the event that the President should cease to hold office, the Vice-President shall take over the functions until the next Ordinary General Meeting.
In order to fill vacancies, the Board of Directors may co-opt suitable Members to fill these positions.
The same procedure shall be used to replace members of the Board of Directors who fail in their duties, and in particular fail to attend four consecutive meetings of the Board of Directors without a justified reason.
Art. 15 ) Attributions of the President
The President represents the Association in court and before third parties, presides over the meetings of the Board of Directors, certifies the financial statements, certificates and in general all official documents of the Association.
In the event of his impediment or absence, he is replaced by the Vice-President.
The President appoints a Secretary-a who shall perform all functions of assistance to the Board of Directors and who shall attend the meetings of the Board, but without voting rights.
Art. 16 ) Attributions of the Board of Directors
The Board of Directors has the broadest powers with regard to the administration of the Association's assets and must perform all acts of ordinary and extraordinary administration, as it is responsible for everything that is not in the Articles of Association or by law expressly reserved for the Members' Assembly.
The Board of Directors is invested with the authority to sign onerous contracts and agreements with private third parties or public bodies or sports federations.
All decisions and resolutions of any kind or nature are taken by a simple majority of those present.
In the event of a tie, the vote of the President prevails.
It is the task of the Executive Board to organise sporting, national or international events and possibly to have the Association represented at off-site events, as well as to organise nautical schools.
Minutes must be kept of all decisions of the Managing Board in the minute book.
Art. 17) Composition and Attributions of the Board of Arbitrators
The Board of Arbitrators consists of three members.
The Arbitrators must not be members of the Board of Directors, must be at least 30 years old, and must have been members for at least ten years.
They are elected by the Assembly and remain in office for a four-year term.
The Board of Arbitrators consists of standing members only and appoints a President from among its members.
The Attributions of the Board of Arbitrators are exclusively those indicated in Article 11.
The Board of Arbitrators is competent to adopt disciplinary measures against members of the Executive Board.
Art. 18) Disputes.
In the event of disputes, the only competent court shall be that of Varese.
Art.19) Compromissory Clause.
The Members of the Y.C.C. and the Association itself undertake to settle before a board of friendly arbitrators any dispute of a civil nature - not of a disciplinary nature, a matter already regulated by Art. 11 - that may arise between Members and between Members and the Association, pertaining to and resulting from social and sports activities.
To this end, the requesting party shall send the other party, by registered letter, its request for arbitration together with the designation of its arbitrator.
The other party shall, within twenty days of receiving this request, in turn designate its own arbitrator by registered letter.
The appointed arbitrators shall, within twenty days of being notified of their appointment, select the
President of the Arbitration Board and reach a verdict within the shortest possible time.
Members also undertake to make every effort to follow the same procedure, also for any disputes, with Members of other Associations, resulting from sports activities.
Art. 20) Duration of the Ceresio Yacht Club Association
The duration of the Association is unlimited.
The dissolution of the Association can only be decided by the Assembly with the favourable vote of at least three quarters of the members.
The Assembly itself shall appoint the liquidators pursuant to Art. 11 of the Implementation Rules of the Civil Code.
All assets constituting the Association's assets shall be devolved to other Associations with similar purposes, or to purposes of public utility, after consultation with the control body envisaged by law.
Art. 21) Certificate of registration of the boats.
The Ceresio Yacht Club maintains its own Naval Register entrusted to the Board of Directors.
Members' boats of any category must be entered in the Y.C.C. Register and be in possession of the relevant certificate.
Boats entered in the Y.C.C. Register must be fully owned by Members.
In the case of co-ownership, the other owners must also be Y.C.C. Members.
The annual issue and validation of the Registration Certificate is subject to payment of the relevant fee.
The Member who is the owner of the duly registered boat is obliged to fly the social insignia ("Guidone").
A Member who ceases to be a member of the Association for any reason whatsoever, or who sells his boat registered with the Y.C.C. is obliged to notify the Executive Committee and immediately return the membership certificate.
Art. 22) Transitional Rules
Founding Members who were so qualified at the time of the Constitution of the Ceresio Yacht Club Association and the entry into force of these Articles of Association may be members of the Executive Committee or the Board of Arbitrators regardless of their seniority.