INTERNATIONAL ONE METRE
INTERNATIONAL CLASS ASSOCIATION
CONSTITUTION
July 4, 2009
1.
ABBREVIATIONS
DM Division
Member of the RSD
ICA International Class Association
IOM International One Metre
ISAF International Sailing Federation
MNA Member National Authority of the ISAF
NCA National Class Association
NCS National Class Secretary
RSD Radio Sailing Division of the ISAF
2.
DEFINITIONS
Where the following words and
phrases are used in their defined sense in this Constitution, they appear in an
italic typeface.
Boat A
boat that may comply with the IOM class rules.
Registered Boat A
Boat issued with a hull number.
Certificated Boat A
Registered Boat with a current, valid certificate.
IOM Where
this refers to an actual boat, a Certificated Boat maintained in
accordance with the IOM Class Rules.
IOM Class Rules Rules
of the IOM class, an ISAF-RSD International class of racing yacht recognised by
the ISAF, presented and maintained according to the ISAF format and standard
for class rules.
Owner A
person who owns at least one Registered Boat.
Registered Owner An
Owner who is listed as being current and in good standing with an IOM
NCA or IOM NCS.
Certificated Owner A
Registered Owner who owns at least one Certificated Boat.
Member NCA or NCS A NCA
or NCS which has been granted membership of the World Council.
Officer One
of the IOM ICA Executive Committee. The definition excludes any member of an
IOM ICA Sub-committee being defined as an Officer.
World Council The
governing body of the IOM ICA.
World Council Member An Officer,
a Representative of a Member NCA, or a Member NCS.
Electronic
communication A
means of exchanging information including but not limited to the World Wide
Web, the Internet, e-mail, fax, telephone, Message Boards.
NCA Constitution A
constitution which defines the duties of the NCA with regard to its
representation of the Owners in its country.
NCS Memorandum A
Memorandum of Understanding drawn up between a NCS and the IOM ICA Executive
Committee which defines the duties of the NCS with regard to its representation
of the Owners in its country.
DM NCA Memorandum A
Memorandum of Understanding drawn up between a DM and the IOM ICA Executive
Committee which defines the duties of the DM, acting as a NCA, with regard to
its representation of the Owners in its country.
Regulation Any
rule, ruling, law, byelaw, regulation, directive, guideline, term, condition,
instruction, or policy enacted by the World Council.
shall/may In
this Constitution, the word “shall” specifies a mandatory action or procedure,
while the word “may” is permissive.
3.
NAME
3.1.
The
name of the Association shall be the "International One Metre
International Class Association".
4.
OBJECTS
4.1.
The
objects of the IOM ICA shall be:
4.1.1.
To
promote and develop IOM class racing under uniform rules throughout the world.
4.1.2.
To
provide a structure for class management and for the exchange of information
among IOM sailors.
4.2.
In
furtherance of these objects the IOM ICA shall:
4.2.1.
Encourage
the formation of IOM National Class Associations in all countries where Boats
are raced, in association with the DM (or MNA if no DM exists).
4.2.2.
Assist
event organisers to hold IOM World and Continental Championships and other
events of International standing in appropriate locations and to proper
standards, in association with the ISAF-RSD.
4.2.3.
Promulgate
and review the IOM Class Rules, in association with the ISAF-RSD.
4.2.4.
Encourage
the development and training of Class measurers, in association with the DMs
(or MNA if no DM exists).
5.
GOVERNANCE
5.1.
The
IOM ICA shall be governed by the World Council and its affairs and
property shall be managed and administered on an ongoing basis by its Executive
Committee in accordance with the provisions of this Constitution and the IOM
ICA Regulations.
6.
[Unused]
6.1.
[This
section is left unused for the time being to maintain consistency with previous
versions and associated commentary.]
7.
WORLD
COUNCIL MEMBERSHIP
7.1.
Any
country may, upon application to the IOM ICA Secretary, be granted membership
of the World Council:
7.1.1.
As a Member
NCA provided that:
·
Its NCA
Constitution has been accepted by the IOM ICA Executive Committee and that
its NCA Constitution is in compliance with any applicable Regulations;
·
It
has formed a duly constituted IOM NCA with a duly elected committee, recognised
by their DM (or MNA if no DM exists), for the development of IOM racing within
the country;
·
There
are not less than (5) five IOM Registered Owners who are members of the
IOM NCA in that country;
·
There
is no other IOM NCA or NCS in their country already accredited to the World
Council.
7.1.2.
As a Member
NCS provided that:
·
His/her
NCS Memorandum has been accepted by the IOM ICA Executive Committee;
·
It is
recognised by his/her DM (or MNA if no DM exists) for the development of IOM
racing within the country;
·
There
are not less than (5) five IOM Registered Owners who are listed with the
IOM NCS in that country;
·
There
is no other IOM NCA or NCS in his/her country already accredited to the World
Council.
7.2.
Each
application shall be accompanied by a registration fee in such amount as may
from time to time be fixed by the Regulations.
7.3.
The
membership, recognition and/or accreditation of a NCA or NCS as a Member NCA
or NCS may be withdrawn in accordance with the provisions of Article 16 REMOVAL FROM MEMBERSHIP.
8.
WORLD
COUNCIL
8.1.
The World
Council shall consist of the Officers, one Representative of each Member
NCA, and each Member NCS.
8.2.
The
members of the World Council shall be bound by this Constitution and
shall comply with all resolutions and Regulations made in accordance
with this Constitution. Member NCAs and NCSs shall use their best
endeavours to ensure that their Owners also comply with such resolutions
and Regulations.
8.5.
A
Special meeting of the World Council may be called according to the
provisions of the Regulations.
8.6.
The
number of votes to be cast by a Member NCA or NCS representative in any
vote in meetings of the World Council shall be in accordance with the
provisions of the Regulations.
8.7.
Each World
Council Officer shall have one vote.
8.8.
Resolutions
8.8.1.
Proposals
for amending this Constitution, or the IOM Class Rules, shall be by
Special resolution to a meeting of the World Council. All other
resolutions to the World Council shall be ordinary resolutions.
8.8.2.
A
Special resolution shall be passed only if 2/3rds or more of the votes cast are
in its favour.
8.8.3.
Voting
at World Council meetings on ordinary resolutions shall be by simple
majority of the votes cast.
8.8.4.
A
Special resolution at the World Council requires each Member NCA or Member
NCS to ballot their Certificated Owners on that resolution. A Member
NCA or Member NCS who is not able to demonstrate the results of
their owner ballot on a Special resolution shall abstain from voting on that
resolution.
8.8.5.
The
IOM ICA Regulations may make provision for a ballot of Registered
Owners to be required for certain classes of ordinary resolution. Member
NCAs or Member NCSs may otherwise put ordinary resolutions to a
ballot of their Registered Owners at their discretion.
8.9.
Emergency
decisions taken by the Executive Committee shall be submitted as resolutions to
the next meeting of the World Council for ratification.
9.
IOM
ICA OFFICERS
9.1.
The
IOM ICA shall have the following Officers:
9.1.1.
Chairman
9.1.2.
Vice
Chairman (Technical)
9.1.3.
At
least one other Vice Chairman, and no more than three other Vice Chairmen
9.1.4.
Secretary
9.1.5.
Treasurer
9.2.
The Officers
shall be Registered Owners.
9.3.
The Regulations
provide for the method of election of Officers.
10.
THE
EXECUTIVE COMMITTEE
10.1.
Each Officer
shall have one vote in any ballot that may take place in a meeting of the
Executive Committee.
10.2.
IOM
ICA Executive Committee meetings shall be held by electronic communication
on such occasions and times, or shall be held at such physical places, as are
either called by the IOM ICA Chairman or decided by previous meetings of the
IOM ICA Executive Committee.
10.3.
There
shall be at least one IOM ICA Executive Committee meeting per calendar year.
10.4.
The Regulations
provide for the conduct of the Executive Committee.
11.
TECHNICAL
SUB-COMMITTEE
11.1.
The World
Council shall elect a Vice Chairman (Technical). The IOM ICA Technical
Sub-Committee shall consist of the Vice Chairman (Technical) as its chairman
plus at least 2 and no more than 4 other Registered Owners appointed by
the IOM ICA Executive Committee.
11.2.
The
function of the IOM ICA Technical Sub-Committee is to advise the World
Council and IOM ICA Executive Committee on any technical matters relevant
to the Class. This function may involve, but is not limited to:
11.2.1. Assisting builders and
suppliers with regard to the IOM Class Rules.
11.2.2. Investigating any query
by a Member NCA or NCS regarding the specifications of Boats.
11.2.3. Consulting with builders
and suppliers on any development of the Boat, equipment, or IOM Class
Rules deemed to be desirable as a result of sailing experience.
11.2.4. Helping to ensure that
the Boats used in World and Continental Championships and other
International regattas comply with the IOM Class Rules by providing
technical assistance as required to the organising authority.
11.2.5. Recommending the
licensing of builders and suppliers.
11.2.6. Recommending any
interpretation of the IOM Class Rules.
11.2.7. Considering and advising
on any change in the IOM Class Rules proposed to the World Council.
11.2.8. Proposing any change in
the IOM Class Rules to the World Council.
11.3.
The Regulations provide for the conduct
of the Technical Sub-committee.
12.
OTHER
SUB-COMMITTEES
12.1.
The
IOM ICA Executive Committee may establish such other Sub-committees as it deems
necessary. Any such Sub-committee shall consist of a Vice Chairman as its
chairman plus at least 2 and no more than 4 other Registered Owners
appointed by the IOM ICA Executive Committee.
12.2.
The Regulations
provide for the conduct of other Sub-committees.
13.
FINANCES
13.1.
The
IOM ICA may be funded by, but not limited to:
13.1.1. Subscriptions from Member
NCAs and NCSs.
13.1.2. Television rights of
international events in accordance with ISAF-RSD regulations.
13.1.3. An approval fee for World
and Continental Championships and other International events, negotiated
between the IOM ICA Executive Committee and the organisers of the event.
13.1.4. A share of the entrance
fee of World and Continental Championships, negotiated between the IOM ICA
Executive Committee and the organisers of the event.
13.1.5. A share of the fee paid
when a Boat is registered.
13.1.6. Fees for services
rendered at World and Continental Championships and other International events.
13.2.
The Regulations
provide for the conduct of IOM finances including the payment of expenses and
the maintenance of accounts.
14.
ACCOUNTS
14.1.
The
IOM ICA Executive Committee shall cause annual accounts to be prepared for each
year which truly and fairly show the IOM ICA'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
single copy of the accounts for the latest complete fiscal period shall be sent
by the IOM ICA Treasurer to each World Council Member with the notice of
the Annual meeting of the World Council.
15.
NOTICE
15.1.
Where
under the Regulations or this Constitution the IOM ICA Secretary is
required to give written notice to any person or body, such notice shall be
deemed to have been given according to the provisions of the relevant Regulations.
15.2.
The
IOM ICA Secretary shall keep a register of such notices, which shall include
evidence that the notice has been sent.
16.1.
A World
Council Member shall be removed from membership of the World Council
by the IOM ICA Executive Committee only after a hearing protecting his/her
rights to due process including a mutual exchange of evidence prior to the
hearing.
16.2.
A World
Council Member may be removed for the following reasons:
16.2.1. Committing an unlawful
act in relation to the IOM ICA, the World Council, any NCA, NCS, or Owner.
16.2.2. For any unsportsmanlike
conduct contrary to the interest of the IOM ICA, the World Council, any
NCA, NCS, or Owner.
16.2.3. For intentional violation
of the IOM Class Rules.
16.2.4. Any failure to uphold or
follow the prescriptions of the IOM ICA Constitution or the Regulations,
or in the case of a NCS their NCS Memorandum, or in the case of a NCA
their Constitution or DM NCA Memorandum.
16.2.5. Non-performance of its
duties, responsibilities, and/or functions as required by resolution of the World
Council, the IOM ICA Constitution or the Regulations, or in the case
of a NCS their NCS Memorandum, or in the case of a NCA their
Constitution or DM NCA Memorandum.
16.3.
A World
Council Member shall be removed from membership
16.3.1. During any period in
respect of which it has not paid its subscription or other monies due to the
IOM ICA. Such membership may be renewed with immediate effect by payment of
outstanding dues or other monies owing.
16.3.2. Upon receipt of notice of
its resignation by the IOM ICA Executive Committee.
16.3.3. Due to an inability to
participate in World Council or Executive Committee or Sub-committee
meetings conducted by electronic communications.
17.
AMENDMENTS
17.1.
This
Constitution shall only be amended by a Special resolution of the World
Council.
18.1.
In
the execution of their powers and duties under this Constitution and the provisions
of the Regulations no Officer or other Sub-committee member of
the IOM ICA 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 sub-committee member of the Executive Committee or
for any other matter other than wilful and individual wrongdoing omission or
fraud on the part of the person who is sought to be made liable.
19.
DISSOLVING
THE ASSOCIATION
19.1.
If
the total membership falls below 100 Registered Owners spread between
any number of Member NCAs or NCSs, the IOM ICA may be dissolved on a
majority vote by the World Council acting alone.
19.2.
In
such circumstances the nett funds of the IOM ICA after payment of all
outstanding amounts shall be divided between those Member NCAs and NCSs
in good standing at the time and date of the vote, and in proportion to the
number of their Registered Owners.
20.
PROPER
LAW AND JURISDICTION
20.1.
The
proper law of the IOM ICA and World Council shall be English law and
this Constitution shall be construed, take effect and be enforced accordingly.
20.2.
Any
decisions of the IOM ICA Executive Committee shall be final in matters of the
management of the IOM ICA only if the actions or decisions of the IOM ICA
Executive Committee are not 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 judgement of a court of proper jurisdiction in
the circumstances applying English law as provided in Article 18 LIMITATIONS.