British Weta Class Association
NB Standard RYA documentation and phraseology has been altered.
CONSTITUTION OF THE BRITISH WETA CLASS ASSOCIATION
SECTION 1 - NAME AND OBJECTS
1. Definition. The term National Association refers to the Weta Class Association.
2. Definition. The term International Association refers to any supranational body which may be established in the future to regulate the affairs of the Weta Class worldwide.
3. The name of the class association shall be The British Weta Class Association.
4. The National Association is formed to promote and facilitate the interests of the Weta Class and to represent the interests of owners of Weta Class boats as follows:-
(a) to keep members informed of developments concerning the Weta Class and any proposals concerning Class Rules.
(b) to encourage National and International competition in the United Kingdom for the Weta Class.
(c) to negotiate with the Weta Marine on any matters relating to the management and development of the Class.
(e) to promulgate information on technical development within the Weta Class.
(f) to promote the maintenance of the one-design character of the Weta Class whilst allowing sensible development and improvement which does not alter the fundamental nature of the boat.
Officers of the National Association
Duties of the Class Officers
5. The Secretary shall:-
(a) Keep the National Association Register;
(b) Keep a register of National Association members' names and addresses
(c) Conduct the correspondence of the National Association;
(d) Keep custody of all National Association documents;
(e) Keep full minutes of all meetings of the National Association, the Committee as defined in Cl.5 which shall be confirmed and signed by the appropriate Chairman upon the agreement of the National Association or the Committee at the next following meeting of the National Association or the Committee, as appropriate;
(f) Administer such insurance policy or policies as may be needed fully to protect the interests of the National Association, its Officers and its members;
(g) Communicate the decisions of the Committee to the National Association, to the secretariat of the International Association and, when directed by the Committee, non-members of the National Association.
(h) Maintain any such certificates or registrations, and complete any such non-financial returns, as may be required by law.
6. The Class Treasurer shall:-
(a) Cause such books of account to be kept as are necessary to give a true and fair view of the state of finances of the National Association.
(c) Make such payments on behalf of the National Association as the Committee shall direct.
(d) Prepare an annual financial statement each year and cause such financial statement to be audited at least once annually and shall thereafter cause the same to be sent to all members of the National Association at least fourteen days before the date of the Annual General Meeting
(e) Present the annual financial statement to the National Association at its Annual General Meeting.
SECTION 4 - MEMBERSHIP
Categories of Membership and voting rights
8. There shall be the following categories of membership with power to vote at meetings of the National Association as indicated hereunder:
FULL MEMBER. Full membership shall be open to any owner of a Weta Class boat including joint owners, or in the case of a corporation or association, a nominated representative thereof, who shall have one vote. To become a full member the owner shall be required to complete an application form and pay such membership fee as may be prescribed. Members shall be elected by the Committee and membership may be revoked by the committee.
ASSOCIATE MEMBER. Any owner or part owner of a Weta Class boat not being a full member or any close relative of an owner or part owner actively involved in the class is automatically an associate member. The committee may elect any other person closely associated with the Weta to associate membership. Associate membership conferred in this way expires after two years unless the member is re-elected. An associate member shall be entitled to attend and speak at any general meeting of the National Association but shall have no vote except at a meeting convened for the purpose of winding up or dissolving the association at which all owners and part owners shall have one vote, with the proviso that only one part owner per boat may vote.
Membership Entrance & Subscription Fee 9. The rate of Entrance Fee and annual Subscription Fee for each category of membership of the National Association shall be proposed by the Committee to the members at the Annual General Meeting in each year. Any proposed changes shall be approved by a majority of those present and entitled to vote and shall become operative on the first day of April in the year following.
10. All members shall pay the Entrance Fee (if any) and their first annual Subscription Fee upon election to the National Association and thereafter on the first day of April in each year. Provided that a member elected after the first day of November in any year shall not be required to pay any Subscription Fee in respect of the year of election, but shall pay, on election, the Entrance fee and the annual Subscription Fee in respect of the year following election.
Members' duty to provide an up to date address
11. Every member shall furnish the Secretary with an up-to-date address or email address which shall be recorded in the register of members of the National Association and any notice sent to such address as shall be deemed to have been duly delivered.
Election and retirement of members
Application for membership
12. An application for membership shall be in the form from time to time prescribed by the Committee.
Election of Members
13. The election of all classes of members is vested in the Committee and shall be a simple majority vote of those of the Committee. The Secretary shall inform each candidate in writing or by email of the candidate's election or non-election. He shall furnish an elected candidate with a copy of the National Association Rules and make request for such payments as are necessary.
14. Payment of Fees upon Election 14. Upon election, a candidate shall pay, within one calendar month, such Entrance Fee and Subscription Fee as shall be required. In default of such payment, the election shall be void unless sufficient cause for delay be shown.
15.Retirement of a member 16. A member desirous of retiring from membership shall give notice in writing to the Secretary before the last day of November and shall not then be liable to pay the subscription for the following year. Upon re-application by a past member the Committee may, at its discretion, excuse payment of an Entrance Fee.
Arrears of Subscription
17. The Committee may cancel, without notice being given, the membership of any member whose annual subscription and other annual fees are more than three months in arrears provided that the Committee may, at its discretion, reinstate such member upon payment of arrears. No member whose annual payment is in arrears may enter any National Association event or regatta or vote at any meeting.
Conduct of Members
18. Undertaking by members to comply with rules 18. Every member, upon election and thereafter, is deemed to have notice of, and implicitly undertakes to comply with, the National Association Rules. Any refusal or neglect to do so, or any conduct which, in the opinion of the Committee, is either unworthy of a member or otherwise injurious to the interests of the National Association, shall render a member liable to expulsion by the Committee.
Expulsion of members
PROVIDED THAT, before expelling a member, the Committee shall call upon such member for a written explanation of the member's conduct and shall give the member full opportunity of making explanation to the Committee, or of resigning.
19. A Resolution to expel a member shall be carried by a simple majority vote by those members of the Committee present and voting on the Resolution.
Appeal against expulsion may be made to the members in general meeting.
20. Membership of the National Association and acceptance of these rules by the member will be deemed to constitute consent to the holding of relevant personal data for the purposes of the Data Protection Acts.
SECTION 5 - MANAGEMENT COMMITTEE
Constitution of Committee
21. The affairs of the National Association shall be managed by the Committee. The Committee shall consist of the Officers, ex officio, and not less than two nor more than eight Full Members (who have attained the age of eighteen years) elected at the Annual General Meeting each year to hold office until the termination of the next following Annual General Meeting. A single person may hold more than one Office.
No contest for election
22. If the number of candidates for election is equal to or less than the number of vacancies to be filled then all candidates shall be deemed to be elected if two thirds of those present at the Annual General Meeting, and entitled to vote, vote in favour of such election.
23. In the event of the ballot failing to determine the members of the Committee because of an equality of votes the candidate or candidates to be elected from those having an equal number of votes shall be determined by lot.
24. If, for any reason, a casual vacancy shall occur, the Committee may co-opt a Full Member to fill such a vacancy until the next following Annual General Meeting.
25. The Committee shall meet at least every three months making such arrangements as the conduct, place of assembly and holding of such meetings as it may wish. The Chairman or in his absence a chairman elected by those present shall preside. A teleconference or other electronic forum may be held in lieu of a meeting.
Voting at Committee 26. Voting (except in the case of a resolution relating to the expulsion of a member) shall be by show of hands. In the case of equality of votes the Chairman shall have a second and casting vote.
27. Two members personally present or in teleconference shall form a quorum at a meeting of the Committee.
Powers of the Committee
Management of National Association by Committee
28. The Committee shall manage the affairs of the National Association according to the National Association Rules and shall cause the funds of the National Association to be applied solely to the objects of the National Association or for a benevolent or charitable purpose nominated by the National Association in general meeting.
Appointment of sub-committees
29. The Committee may appoint such sub-committees as it may deem necessary and may delegate such of its powers as it may think fit upon such terms and conditions as shall be deemed expedient and/or required by the law. Such sub-committees shall consist of such members of the Committee or of the National Association as the Committees may think fit. Officers of the National Association shall be ex officio members of all such sub-committees.
Disclosure of interest to third parties
30. A member of the Committee, of a sub-committee or any officer of the National Association, in transacting business for the National Association, shall disclose to third parties that he is so acting.
Limitation of Member's liability
31. The Committee, or any person or sub-committee delegated by the Committee to act as agent for the National Association or its members, shall enter into contract only as far as expressly authorised, or authorised by implication, by the members. No one shall, without the express authority of the membership in general meeting, pledge the credit of the membership.
Members’ indemnification of Committee
32. In pursuance of the authority vested in the Committee by members of the National Association, members of the Committee are entitled to be indemnified by the members of the National Association against any liabilities properly incurred by them or any one of them on behalf of the National Association wherever the contract is of a duly authorised nature or could be assumed to be of a duly authorised nature and entered into on behalf of the National Association.
33. The limit of any individual member's indemnity in this respect shall be a sum equal to one year's subscription at the then current rate of that category of membership unless the Committee has been authorised to exceed such limit by a general meeting of the National Association.
SECTION 6 - MEETINGS OF THE NATIONAL ASSOCIATION
Method of Communication
35. The normal method of communication between the Committee and the membership as required by the following paragraphs shall be by email. Where the term ‘in writing’ is used in this Constitution email will suffice provided reasonable confidence exists that the email address of the recipient is valid.
Annual General Meeting 36 An Annual General Meeting of the National Association shall be held each year on a date to be fixed by the Committee. The Secretary shall at least fourteen days before the date of such meeting post or deliver to each member notice thereof and of the business to be brought forward thereat. A teleconference or other suitable electronic forum may be held in lieu.
Business at Annual General Meeting
37. No business, except the passing of the Accounts and the election of the Officers, Committee and Honorary Auditors, and any business that the Committee may order to be inserted in the notice convening the meeting shall be discussed at such meeting unless notice thereof be given in writing or by email by a member entitled to vote to the Secretary at least seven days before the date of the Annual General Meeting.
Special General Meeting
38. The Committee may at any time, upon giving twenty one days notice in writing or by email, call a Special General Meeting of the National Association for any special business, the nature of which shall be stated in the summons convening the meeting, and the discussion at such meeting shall be confined to the business stated in the notice sent to members.
Special General Meeting upon request of members
39. The Committee shall call a Special General Meeting upon a written request addressed to the Secretary by at least five members. The Committee shall give twenty one days notice in writing or by email of any such Special General Meeting. The discussion at such meeting shall be confined to the business stated in the notice sent to members. With the consent of those calling the meeting such a meeting may take the form of a teleconference.
Chairman at Meetings
40. At every meeting of the National Association the Chairman (or, in his or her absence, a chairman elected by those present) shall preside.
Quorum at Meetings
41. Five members entitled to vote and personally present or in teleconference shall form a quorum at any meeting of the National Association.
Entitlement to vote at Meetings
42. Only Full Members shall vote at any meeting of the National Association. Other members may attend and speak but are not entitled to vote with the following exception: at a meeting called to wind up or dissolve the association any owner or part owner may vote, provided that in the case of part owner only one vote per boat shall be cast.
Voting at Meetings
43. Voting shall be by show of hands.
Equality of Votes
44. In the case of an equality of votes the Chairman shall have a second or casting vote, on any matter other than the election of members of the Committee.
Voting on Rule Change
45. On any resolution properly put to a meeting of the National Association relating to the creation, repeal or amendment of any Rule of the National Association such Rule shall not be created, repealed or amended except by a majority vote of at least two-thirds of those present and entitled to vote.
46. On any resolution properly put to a meeting of the National Association relating to the creation, repeal or amendment of any Class Rule, such resolution shall not be adopted except by a majority vote of at least two-thirds of those present and entitled to vote.
SECTION 7 - DISSOLUTION OF THE NATIONAL ASSOCIATION
Dissolution of the National Association
47. If, upon the winding up or dissolution of the National Association, there remains after the satisfaction of all its debts and liabilities any property whatsoever, the same shall not be paid to or distributed amongst the members of the National Association. The Committee shall dispose of the net assets remaining to one or more of the following:
(i) another organisation with similar sports purposes which is a charity and/or
(ii) the sport’s national governing body.