INTERNATIONAL ONE METRE
INTERNATIONAL CLASS ASSOCIATION
NCA MEMORANDUM
OF UNDERSTANDING
Version
3.0 dated December 26, 2010
In regard to the International One Metre
International Class Association, the International Sailing Federation Radio
Sailing Division, and the representation of Owners in [Country Name], the
National Class Association understands and agrees as follows.
1. ABBREVIATIONS
DM Division Member of
the RSD
DM NCA DM acting as a NCA
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.
Official of a DM or NCA or a NCS A
person who holds any position or exercises any duty in a DM or NCA or who holds
a position or exercises any duty as a NCS.
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,
Internet groups, Internet forums.
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.
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 full name of the NCA shall be the
"International One Metre National Class Association for [Country Name]".
4. OBJECTS
4.1.
The objects of the NCA shall be:
4.1.1.
To promote and develop IOM class racing in [Country
Name].
4.1.2.
To provide IOM class management in [Country
Name].
4.2.
In furtherance of these objects the NCA shall:
4.2.1.
Affiliate to the DM (or MNA if no DM exists) in [Country
Name].
4.2.2.
Assist event organisers to hold IOM events in [Country
Name].
4.2.3.
Assist in the distribution and review of the IOM
Class Rules in [Country Name], in association with the IOM ICA.
4.2.4.
Encourage the development and training of IOM
class measurers in [Country Name], in association with the DM or MNA as
appropriate.
5. GOVERNANCE
5.1.
The NCA shall be self-governing in accordance
with its Constitution, its Regulations, and the provisions of this NCA
Memorandum.
6. WORLD COUNCIL MEMBERSHIP
6.1.
The NCA is hereby granted membership of the World
Council as a Member NCA having understood and agreed that:
·
It is recognised as the IOM NCA in [Country
Name];
·
There are not less than (5) five Registered
Owners who are listed with the NCA in [Country Name];
·
There is no other IOM NCA or NCS in its country
already accredited to the World Council;
·
The NCA registration fee has been paid to the
IOM ICA Treasurer as prescribed by the IOM ICA Regulations;
·
Its accreditation as a Member NCA may be
withdrawn in accordance with the provisions of the section titled REMOVAL FROM MEMBERSHIP;
·
It shall use its best endeavours to ensure that
its Registered Owners also comply with all IOM World Council
resolutions and IOM ICA Regulations.
·
Its officials shall not be eligible to hold
office as an IOM ICA Officer while an official of the NCA for [Country
Name].
·
Where any conflict arises between the NCA
Constitution and/or the NCA Regulations on the one hand and the IOM ICA
Constitution, the IOM ICA Regulations, and/or this NCA Memorandum
on the other, the provisions of the IOM ICA Constitution, the IOM ICA Regulations,
and/or this NCA Memorandum shall prevail.
7. REPRESENTING [Country Name] ON THE WORLD COUNCIL
7.1.
The NCA understands and agrees that it hereby
declares itself able to participate in the work of the World Council conducted
in accordance with the provisions of the IOM ICA Constitution and the IOM ICA Regulations.
7.2.
The number of votes that the NCA is entitled to
vote in any ballot in meetings of the World Council shall be in
accordance with the provisions of the IOM ICA Regulations current at the
time of the ballot.
7.3.
The NCA shall cast its voting entitlement at any
meeting of the World Council strictly according to the vote of its Owners,
either the Registered Owners in [Country Name] with regard to
resolutions, or the vote of the Certificated Owners in [Country Name]
with regard to Special resolutions.
7.4.
The NCA shall ballot and determine the vote of
its Registered Owners or Certificated Owners in [Country Name] as
follows:
7.4.1.
By organising a fair and timely ballot of these Registered
or Certificated Owners.
7.4.2.
Separately with regard to each World Council
resolution.
7.4.3.
According to the simple majority of the Registered
or Certificated Owners voting.
7.4.4.
By entitling a Registered or Certificated
Owner to one vote each, such vote not being transferable and such vote not
being votable by a proxy.
7.4.5.
By exercising a casting vote in the event of a
tie vote of its Registered or Certificated Owners.
7.5.
Upon request of any World Council Member,
the NCA shall provide details, by owner name and vote cast, of the voting of
its Registered or Certified Owners as relevant.
7.6.
The NCA shall appoint a Representative who shall
be the only official channel of communication with the World Council and
whose address will be the official address of the NCA until the IOM ICA
Secretary is advised, in writing, by the NCA of any change of Representative
and/or address.
8. DUTIES AND RESPONSIBILITIES
8.1.
Copyrights and trademarks
8.1.1.
The NCA shall use the approved IOM class
insignia in IOM class publications, advertising, or promotions in [Country
Name].
8.1.2.
The NCA shall report any unauthorised use of the
IOM class insignia to the IOM ICA Chairman.
8.2.
The NCA shall provide the IOM ICA Secretary with
up-to-date copies of all IOM class publications in [Country Name].
8.3.
Annual report
8.3.1.
The NCA shall prepare and send the IOM ICA
Secretary a complete annual report on the activities of the IOM class in [Country
Name], dealing at least with success in maintaining the objects of the NCA,
current Registered and Certified Owners in good standing,
current class measurers, hull numbers issued, Boats registered, and
measurement certificates issued.
8.3.2.
The annual report shall be sent in the month
following the end of the NCA fiscal year, or as may be specified in the IOM ICA
Regulations.
8.4.
The NCA shall be the representative of the IOM
ICA Technical Committee in [Country Name].
8.5.
If the NCA is the IOM Certification Authority in
[Country Name], the NCA shall
8.5.1.
Satisfy itself that a measurement form has been
correctly completed before issuing a measurement certificate.
8.5.2.
Maintain a register of all completed measurement
forms.
8.5.3.
Maintain a register of hull numbers and Registered
Owners.
8.5.4.
Maintain a register of all issued certificates
and Certificated Owners.
8.6.
Measurers
8.6.1.
The NCA shall keep all IOM class measurers in [Country
Name] informed of IOM Class Rule changes and interpretations.
8.6.2.
The NCA shall maintain a register of all IOM
class measurers in [Country Name].
8.6.3.
The NCA shall organise, facilitate, and/or liaise
in the training of IOM class measurers in [Country Name].
8.7.
Variations and additions to the NCA duties and
responsibilities may be promulgated in the IOM ICA Regulations from time
to time.
9. FINANCES
9.1.
The activities of the NCA may be funded by:
9.1.1.
Subscriptions from Owners.
9.1.2.
A share of the approval fee for the IOM National
Championship held in [Country Name], negotiated between the NCA and the
organisers of the event.
9.1.3.
A share of the entrance fee of the IOM National
Championship held in [Country Name], negotiated between the NCA and the
organisers of the event.
9.1.4.
A share of the fee paid by an Owner when
a Boat is registered.
9.1.5.
Fees for services rendered at the IOM National
Championship held in [Country Name].
9.2.
The IOM ICA Regulations provide for the
amount of the share of any fee which may be retained by the NCA, and the amount
of the share which the NCA shall remit to the IOM ICA.
10. ACCOUNTS
10.1.
The NCA shall cause annual accounts to be
prepared for each year which truly and fairly show the NCA's capital and its
income and expenditure.
10.2.
The fiscal period of the NCA shall be 1 January
to 31 December each year unless changed by resolution of the World Council.
10.3.
A single copy of the accounts for the latest
complete fiscal period shall be sent by the NCA to the IOM ICA Treasurer in the
month following that period.
11.1.
The NCA shall be removed from membership of the World
Council by the IOM ICA Executive Committee only after a hearing protecting
its rights to due process including a mutual exchange of evidence prior to the
hearing.
11.2.
The NCA may be removed from membership of the World
Council for the following reasons:
11.2.1.
Committing an unlawful act in relation to the
IOM ICA, the World Council, any NCA, NCS, or Owner.
11.2.2.
For any unsportsmanlike conduct contrary to the
interest of the IOM ICA, the World Council, any NCA, NCS, or Owner.
11.2.3.
For intentional violation of the IOM Class
Rules.
11.2.4.
Any failure to uphold or follow the
prescriptions of the IOM ICA Constitution or the Regulations, their
Constitution, or the NCA Memorandum.
11.2.5.
Non-performance of its duties, responsibilities,
and/or functions as required by resolution of the World Council, the IOM
ICA Constitution or the Regulations, their Constitution, or the NCA
Memorandum.
11.3.
The NCA shall be removed from membership of the World
Council
11.3.1.
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.
11.3.2.
Upon receipt of notice of its resignation by the
IOM ICA Secretary.
11.3.3.
Due to an inability to participate in World
Council or Executive Committee or Sub-committee meetings conducted by Electronic
communications.
12. AMENDMENTS
12.1.
This NCA Memorandum shall only be amended
by joint agreement between the IOM ICA Executive Committee and the NCA.
13.1.
In the execution of their powers and duties
under this NCA Memorandum, the IOM ICA Constitution, and the provisions
of the IOM ICA Regulations, no Officer or other Sub-committee
member of the IOM ICA Executive Committee shall be liable for any loss to the
NCA by reason of any mistake or omission made in good faith by the Officer
or other Sub-committee member 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.
14. DISSOLVING THE NCA MEMORANDUM
14.1.
If the total number of Registered Owners
falls below 5, the membership of the NCA on the World Council may be
withdrawn on a majority vote of the World Council acting alone.
14.2.
In such circumstances the net funds of the NCA
after payment of all outstanding amounts shall be divided between those Registered
Owners in good standing at the time and date of the vote.
15. PROPER LAW AND JURISDICTION
15.1.
The proper law of the NCA Memorandum
shall be English law and this NCA Memorandum shall be construed, take
effect and be enforced accordingly.
16. AGREEMENT EXECUTION
16.1.
The signing officer of the DM NCA who executes
this agreement acknowledges that the entire DM NCA Memorandum has been read and
understood and that the DM NCA agrees to be bound by its terms and conditions.
Signed By:
Name and Title:
Date:
For:
16.2.
This membership is granted on its signed
acceptance by an authorised signing officer of IOMICA. No one is authorised to
change, alter, or amend the terms or conditions of this agreement unless agreed
to in writing by an officer of IOMICA.
Signed By:
Name and Title: Alfonso Moreno, Chairman
Date:
For: International One Metre International Class Association (IOM ICA)