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The Mumm 30 International Class Association Constitution 1 NAME The name of the Association shall be The Mumm 30 International Class Association ("The Association"). 2 OBJECTIVES The objectives of the Association are: (a) To encourage cost-effective, fun sailing while promoting Mumm 30 One Design class racing internationally. (b) To maintain and protect the one-design integrity of the Class and its rules World-wide. (c) In accordance with the Constitution, Rules and Regulations of the International Sailing Federation, to provide a structure for class management and for exchange of information among Mumm 30 One Design boat owners and sailors. (d) To co-ordinate the calendar of events and to organise, or appoint organisers for continental and world championships where appropriate. 3 HEADQUARTERS 3.1 The headquarters of the Association shall be in a location most convenient for the President or the Secretary and shall be determined by the World Council. 4 MEMBERSHIP 4.1 Mumm 30 One Design owners who hold a valid Mumm 30 measurement certificate and who have paid the prescribed annual Membership Dues to their Regional Class Association shall be members of the Association. Regional Class Associations are North America and Europe, and may be other regions which develop active racing fleets and form a Regional Association.. Members may vote and hold office, one vote per boat. 4.2 The Members shall be bound by this Constitution, and any properly made amendments thereto. 4.3 Membership, along with all rights and privileges shall be discontinued during any period of unpaid membership dues or other delinquent payments due to the Association. 4.4 A member may be suspended by the World Council for (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 the Class Rules. 5 MANAGEMENT 5.1 The Members delegate responsibility for the day-to-day management and administration of the affairs, activities and property of the Association to the World Council in accordance with the objects of the Association and policy decisions made by the Members at General Meetings. 5.2 The World Council may delegate to any one or more of its number such powers and duties as it shall determine. 6 World Council
6.1 The World Council shall consist of the following: * The Management Group is made up of Farr International Inc., Carroll Marine Ltd., Farr Yacht Design, Ltd., and the RORC Rating Office. 6.2 (a) through (d) shall serve ex officio and/or at the pleasure of their Regional Association. 6.3 The Secretary/Treasurer shall be appointed by the World Council at such time and on terms and conditions determined by it, and need not be a member of the Association. 6.4 The World Council shall elect, from among its member, the International Class President, and the Vice President. Elections will normally occur at a Council meeting held at the time of the Annual General Meeting (AGM) in odd number years, but in case of a vacancy, the Council may elect a replacement at other times. Newly elected officers will take office at the end of the meeting in which they are elected. The Council shall, in electing its officers, take into account the need for regional rotation in the offices. No President or Vice President shall serve more than four consecutive two year terms in one office. 6.5 The Secretary/Treasurer shall: (a) carry out the duties imposed by this Constitution. (b) carry out all tasks as reasonably required by the World Council such as but not limited to administration of the Association’s activities, maintenance of subscription records and register of members. (c) keep minutes of meetings and give notice to members of meetings. The Secretary/Treasurer will communicate the decisions of the World Council to the members and such other persons as the World Council shall direct. (d) control the funds of the Association and shall make disbursements authorised by the World Council. The Treasurer shall present a budget for the coming year at the AGM. 7 WORLD COUNCIL MEETINGS 7.1 World Council meetings shall be held on such occasions and at such places as shall be appropriate to efficiently carry out the business of the Association and as: (a) are called by the President; or (b) as decided by a previous meeting of the World Council. 7.2 The Secretary shall give at least two weeks notice of such meetings, but by written agreement of all World Council members, notice may be waived and a meeting may be conducted at their discretion. Meetings may be held by teleconference or e.mail. 7.3 Four members of the World Council, of whom at least three are boat owners, shall constitute a quorum. 7.4 The President shall chair all meetings at which he is present. In his absence, the Vice President shall chair. If neither is present the members present shall elect from amongst themselves a chairman. 7.5 Each member of the World Council shall be entitled to one vote with the following exception: (a) The President shall have a second and casting vote should there be a tie. 7.6 Taking into consideration 7.5 above, resolutions of the World Council shall be passed by a simple majority of the votes cast. 8 MUMM 30 CLASS INTERNATIONAL TECHNICAL COMMITTEE (ITC) 8.1 The ITC shall be comprised of: (a) Two members chosen by the North American Regional Mumm 30 Class Association (b) Two members chosen by the European Regional Mumm 30 Class Association (c) A member chosen by the Management Group These members shall serve on the ITC at the pleasure of the entity that selected them. 8.2 The ITC shall be responsible for monitoring the use and enforcement of the Class Rules, and developing and proposing corrections and improvements to the Rules, all in close co-operation with the Management Group. 8.3 Proposals by Regional Associations, or by individual members for amendment of the Class Rules may be submitted in writing to the ITC. 8.4 The ITC, working closely with the Management Group, shall consider proposals, and may amend and/or submit them with rationale and recommendation to the World Council, for consideration at the AGM. 8.5 Amendments to the Class Rules proposed by the Technical Committee for consideration and adoption at the Annual General Meeting, shall have been submitted to the Members in writing accompanying the notice of meeting, and shall be approved for adoption only by a Special Resolution. Notwithstanding this procedure, no amendment to the Class Rules shall be adopted for submission to the World Council and the ISAF without the specific approval of the Management Group, which shall hold the absolute right of veto of Class rule amendment. Class rule amendments shall not come into effect until approved by the World Council and the ISAF. 8.6 No amendment, interpretation, or revision of the Manufacturing Specification, whether submitted by the World Council, Regional Associations, or Class Technical Committees, shall become effective without the prior written approval of the Management Group. 9 GENERAL MEETINGS 9.1 Each Member shall be entitled to attend Annual and Special General Meetings of the Class. 9.2 An AGM shall be held annually in such place and time as the World Council may consider most convenient to the majority of the members. 9.3 A Special General Meeting ("SGM") shall be called by the Secretary: (a) On resolution of the World Council, but subject to clause 9.4, or (b) Forthwith on receipt by the Secretary of, (but not more than six weeks after) a written demand from not less than ten Members for a Special General Meeting, (which demand shall also specify and include any resolution which the members concerned wish to propose at the meeting). 9.4 At least four weeks written notice, in writing, shall be given by the Secretary to the Members of the Annual or any Special General Meeting together with a copy of the agenda for the meeting and of any resolutions which have been provided. 9.5 The chairman at any General Meeting shall be the President, or in his absence, the Vice President. If neither are present, the meeting shall elect a chairman. 9.7 Each Member present in person or by written proxy shall be entitled to one vote at a General Meeting, one vote per boat 9.8 Voting at General Meetings shall (unless otherwise required by this constitution) be by simple majority of the votes cast, provided that in the event of a tied vote the chairman of the Meeting shall have a casting vote. 9.9 Members representing fifteen boats, present in person or by proxy, shall form a quorum at General Meetings. 9.10 A Special Resolution at a General Meeting shall require for passage that 75% or more of the votes cast are in favour of adoption. 10 SUBSCRIPTION, MEMBERSHIP DUES AND OTHER FEES 10.1 The Association shall be funded by a contribution from each Regional Association, to be determined by the World Council, taking into consideration the Treasurer’s recommendation. All other fees, such as those for services provided at events, professional or other, shall be decided by the World Council. 11 FUNDS, ACCOUNTS AND EXPENSES 11.1 The funds of the Association shall be maintained by the Treasurer in a manner approved by the World Council. 11.2 Books shall be kept by the Treasurer that show assets and liabilities of the Association in addition to receipt and expenditure of funds. 11.3 A statement of accounts for the preceding year shall be presented by the Treasurer at the AGM. 11.4 The reasonable expenses of the World Council members in meeting their obligations under this Constitution shall be payable out of the funds of the Association. 12 EVENTS 12.1 All events shall be organised in accordance with the ISAF Racing Rules of Sailing. 12.2 Boat owners shall be members of the Association before racing in a Class event. 12.3 Venues for World Championships and other International class events shall be selected by the International Mumm 30 Class World Council in consultation with the Management Group. 12.4 The Mumm 30 Class Association, the Mumm 30 World Council, and the Management Group shall work together to maximise revenue from television and sponsorship rights relating to the World Championship and other class events. Any agreements entered into relating to such rights shall be mutually agreed by the Association, World Council, and the Management Group and all parties must be signatories to any such agreement. 13 MEASUREMENT CERTIFICATES 13.1 Mumm 30 One Design measurement certificates shall be issued by the Chief Measurer. 13.2 No yacht shall be a Mumm 30 One Design under this Constitution unless it holds a valid measurement certificate. 13.3 No yacht shall race in a Mumm 30 One Design event unless it holds a valid measurement certificate. 14 AMENDMENTS 14.1 This Constitution may be amended only by a Special Resolution of which notice has been duly given and which is duly proposed and adopted at a General Meeting in accordance with the foregoing provisions. No amendment shall be made to Article 8.4, 8.5, or 8.6 of this constitution without the prior written approval of the Management Group. 15 LIMITATIONS 15.1 Members of the World Council shall not be obliged to do any of the things required of them by this Constitution if the Association is unable to pay the reasonable costs and expenses thereof. 15.2 In the execution of their powers and duties under this Constitution no officer or other member of the World Council shall be liable for any loss to any of the members or former members of the Association or to the assets of the Association by reason of any mistake or omission made in good faith such officer or member of the World Council or for any other matter other than wilful and individual wrongdoing, wrongful omission or fraud on the part of the person who is sought to be made liable. |
