THE CONSTITUTION

SECTION 1 – BRITISH KITESURFING ASSOCIATION

I. The name of the club shall be  THE BRITISH KITESURFING ASSOCIATION

(Hereinafter referred to in these rules as "the association").

2. The object for which the association is formed is to promote and facilitate the sport of kitesurfing and also to provide, training, access, social and competition events and other facilities for members as may be from time to time determined.

SECTION 2- Officers

 3. The officers of the association shall be Full or Family members and shall have been members for a minimum of one year.
The posts should be as follows Chairman, Vice Chairman, Secretary, and Treasurer other officers may be elected (events, clubs, access, training, child protection etc). Officers shall be elected at the Annual General Meeting in each year and shall hold office for one year, retiring at the termination of the Annual General Meeting in each year. All Officers of the association shall be eligible for re-election. The role of Head of Training may only be elected by the committee as the person deemed to have the correct qualifications and record. The Chairman can only be elected from an officer whom has held office for one year in another role. Some officers may be elected by the committee for specific duties e.g. Membership secretary.

 4. The Secretary shall:

(a) Keep a register of the associations member's names and addresses.
(b) Conduct the correspondence of the association.
(c) Keep custody of all association documents.
(d) Keep full minutes of all meeting of the association, the committee and sub-committees which shall be confirmed and signed by the appropriate chairman upon the agreement of the association, the committee or sub-committee at the next following meeting of the association, the committee or sub-committee.
(e) Administer such insurance policy or policies as may be needed fully to protect the interests of the association, its officers and its members.
(f) Maintain contact with the association 's legal adviser to ensure that the association 's affairs are managed in accordance with current law.

5. The 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 the finances of the association.
(b) Cause all returns as may be required by law in relation to such accounts to be rendered at the due time.
(c) Prepare an Annual Balance Sheet as at 31st December in each year and cause such Balance Sheet (and accounts as necessary) to be available for inspection 14 days before the date of the Annual General Meeting. The accounts to be examined at least once annually by a Chartered Accountant appointed by the committee.

6. The Accountants shall:
(a) Be appointed at the Annual General Meeting in each year.
(b) Examing the accounts of the association when called upon to do so and give such certificate of assurance as to the accuracy of the said accounts as shall be required by law or by the committee.
(c) If either is unwilling or unable to act, inform the committee who shall appoint a substitute to hold office until the termination of the next Annual General Meeting.

SECTION 3- Membership

 7. There shall be the following categories of membership with power to vote at all meetings of the association as indicated hereunder. The rights and privileges of each category of members are defined on the website of the association.

 A FULL MEMBER - being a person who, at the date of election, is over the age of eighteen shall have one vote.

A STUDENT MEMBER - being a person who, at the date of election, is over the age of eighteen shall have one vote. They must be in full time education and have a valid Student membership card.

 A FAMILY MEMBER - which expression shall include one or two parents (as may be) and all children less than eighteen years of age. The family unit shall have one vote, exercisable by either parent.

 A JUNIOR MEMBER - being a person who, at the date of election, is under the age of eighteen shall have no vote. Such a member shall be one who at the commencement of the subscription year joins the club other than as a full member or a family member.

 8. The rate of Entrance and Subscription Fee for each category of Membership 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 discretion of the committee. The current rate of Subscription Fees shall be prominently displayed.

 9. Every member shall furnish the Membership Secretary with an up-to-date address, which shall be recorded in the Register of Members, and any notice sent to such address shall be deemed to have been duly delivered. Members should also supply phone numbers and email addresses.

 Election and retirement of members

10. An application for membership shall be in the form of a membership form or online declartaion prescribed by the committee and shall include the name and address, email and contact number of the candidate and the signature/s of the applicant ( if made on a form)

11. Upon receipt of an application for membership the Membership Secretary shall inform each candidate in writing or email of the candidate's election or non-election. The rules of the association are posted on the website

12. A member desirous of retiring from membership shall give notice in writing to the Membership Secretary before the last day of his/ her renewal and shall not then be liable to pay the subscription for the following year.

13. Upon election, a candidate shall pay immediatly, such entrance and other fees as shall be requested. In default of such payment, the election shall be void unless sufficient cause for delay is shown.

 14. The committee may cancel, without note being given, the membership of any member whose annual subscription is more than one day in arrears provided that the committee may, at its discretion, re-instate such member upon payment of the arrears. No member whose annual payment is in arrears may enter any association meeting, events nor vote at any meeting.

Conduct of members

15. Every member, upon election and thereafter, is deemed to have notice of, and impliedly undertakes to comply with, the association Rules and the current Codes of Conduct of the association. 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 association, shall render a member liable to expulsion by the committee.

 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. A resolution to expel a member shall be carried by a simple majority vote by those members of the Management Committee present and voting on the resolution.

16. A member shall not knowingly remove, injure, destroy or damage any property of the association and shall make restitution for the same if called upon to do so by the committee or by the Secretary upon the instruction of the committee.

 17. A member shall not cause any communication in whatever form to be exhibited on the association notice board (or forum) without permission of the Secretary.

Limitation of association liability

 20. Members, their guests and visitors are bound by the following Rule:

 Members of the association their guests or visitors may use the facilities of the club, entirely at their own risk and impliedly accept that:

 (a) The association will not accept any liability for any damage to or loss of property belonging to members, their guests or visitors to the association or its events.

 (b) The association will not accept any liability for personal injury arising out of the use of the facilities of the association either sustained by members, their guests or visitors or caused by the said members, guests or visitors whether or not such damage or injury could have been attributed to or was occasioned by the neglect default or negligence of any of them the Officers, committee or servants of the association.

SECTION 4- Management Committee

21. The Management Committee (herein referred to as "the Committee") shall consist of the Officers and not less than four nor more then eight Full or Family members of the association elected at the Annual General Meeting each year to hold office until the termination of the following Annual General Meeting.

 22. At the Annual General Meeting each year any of the Full and Family members may retire. In the case of equal seniority lot shall failing agreement between the members concerned, determine the order of retirement. Members retiring under this rule shall not be eligible for re-election to the Committee until the Annual General Meeting next following the meeting at which they retire.

23. Candidates for election to the Committee shall be those members of the retiring Committee eligible to offer themselves for re-election and such other Full or Family members whose nominations (duly proposed and seconded by vote by Full or Family members of the association) with their consent shall have been received by the Secretary before the meeting. Such nominations, together with the names of the proposed and seconder shall be prominently displayed before the meeting.

24. If the number of the candidates for election is greater than the number of vacancies to filled then there shall be a ballot.

 25. 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.

 26. 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.

 27. If, for any reason, a casual vacancy shall occur, the Committee may co-opt a Full or Family member to fill such a vacancy until the next following Annual General Meeting.

 28. The Committee shall meet at least every six months making such arrangements as to the conduct, place of assembly and holding of such meetings as it may wish.

 29. Voting (except in the case of expulsion of a member) shall be by show of hands. In the case of equality of votes the Chairman have a second and casting vote.

 30. Five members personally present shall form a quorum at a meeting of the Committee.

Powers of the Committee

31. The Committee shall manage the affairs of the association according to the Rules and shall cause the funds of the association to be applied solely to the objects of the club or for a benevolent or charitable purpose nominated by the Annual General Meeting.

 32. The Committee shall make such Bylaws and Regulations as it sees fit.

 33. 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 association as the Committee may think fit. Officers of the association shall be ex officio members of all such sub-committees.

 33. A member of the Committee, of a sub-committee or any Officer of the association, in transacting business for the club, shall disclose to third parties that he or she is so acting.

 34. The Committee, or any person or sub-committee delegated by the Committee to act, as agent for the association or its members, shall enter into contracts only so far as expressly authorised, or authorised by implication, by the members.

 35. In pursuance of the authority vested in the Committee by members of the association, members of the Committee are entitled to be indemnified by the members of the association against any liabilities properly incurred by them or any one of them on behalf of the 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 association, The limit of an individual member's indemnity in this respect shall be a sum equal to one years subscription at the then current rate for that category of membership unless the Committee has been authorised to exceed such limit by a General Meeting of the club.

SECTION 5- Meetings of the association

36. An Annual General Meeting of the 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 or any General Meeting as hereinafter mentioned email or deliver to each member notice thereof and of the business to be brought forward there at.

 37. No business, except the passing of the accounts and the election of Officers, Committee, Trustees and Honorary Accountants, 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 by a member entitled to vote to the Secretary at least 14 days before the date of the Annual General Meeting.

 38. The Committee may at any time, upon giving 14 days notice in writing call a General Meeting of the 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.

 39. The Committee similarly call a General Meeting upon a written request addressed to the Secretary by at least 50 members. The discussion at such meeting shall be confined to the business stated in the notice sent to members.
40. At every meeting of the association a chairman elected by those present shall preside.

41. Fifteen members entitled to vote and personally present shall form a quorum at any meeting of the association.

 42. Only Full, Family members shall vote at any meeting of the association.

 43. Voting, except upon the election of members of the Committee shall be by show of hands.

 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.

 45. On any resolution properly put to a meeting of the association relating to the creation, repeal or amendment of any Rule, Bylaw or Regulation of the association such Rule, Byelaw or Regulation shall not be created, repealed or amended except by a majority vote at least two thirds of those present and entitled to vote.

SECTION -6 Dissolution of the association

 46. If, upon the winding up or dissolution of the 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 club but shall be given or transferred to some other institution or institutions having objects similar to the objects of the association, such institution or institutions to be determined by the members of the association by resolution passed at a General Meeting at or before the time of the dissolution and if and so far effect cannot be given to such provision then to some charitable object.