Yukizuna Judo Club Statute

Article 1: Name

The name of the Organisation shall be “YUKIZUNA JUDO CLUB”.

Article 2: Address

The official address of the Organisation is 228 Samurai, Triq IL-Kbira, Il-Mellieħa, MLH 2317, Malta or such other addresses as may be determined by the Executive Committee from time to time.

Article 3: Mission Statement of the Organisation

The aim of the YUKIZUNA JUDO CLUB shall be to cultivate a community rooted in the principles of judo - respect, discipline, and mutual benefit - fostering personal growth and excellence in both sport and life.

Article 4: Objectives

The Organisation shall have the following objectives:

4.1 To promote the physical and mental well-being of members through the practice of judo.

4.2 To provide instruction in judo for people of all ages and abilities.

4.3 To create a safe and inclusive environment for members to learn and train.

4.4 To develop sportsmanship, discipline, and respect in members.

4.5 To foster a sense of community among members.

4.6 To participate in judo competitions and events (optional, depending on the club's focus).

4.7 To promote the sport of judo in the local community.

4.8 To raise funds by means of subscription of members or otherwise for all the purposes and objectives of the Organisation in such amounts and in such manner as may be authorized by the Executive Committee.

4.9 To provide a pathway for members to achieve competitive success in judo.

4.10 To offer judo classes for people with disabilities.

4.11 To promote judo as a self-defence tool.

4.12 To organize social events for members to build camaraderie.

4.13 To do all that which is ancillary, incidental or conducive to the attainment of the above objectives.

Article 5: General Policy

5.1. The Organisation shall be autonomous and voluntary.

5.2. The Organisation shall be non-profit making as defined in the Voluntary Organisations Act (Chapter 492 of the Laws of Malta), and any excess of funds received or generated from its activities must always be reinvested in the same Organisation.

5.3. The accounts of the Organisation shall be reviewed or audited and published on a yearly basis.

5.4. Provided its autonomy is not affected, the Organisation may collaborate with other entities on a national, regional or international basis in order to further its aims.

5.5. The Organisation shall not have any political party or trade union affiliation and it shall not be involved in political parties.

5.6. All prospective Members and Associate Members of the Organisation shall have access to the statute of Organisation upon demand. Prospective Members will be required to state that they are aware of the objectives of the Organisation.

Article 6: Members

6.1 Organisation Members shall be classified as either ‘Executive Members’ or ‘Active Members’ or (General) Members.

6.2 Executive Members will have the duty to serve within the Organisation’s Executive Committee whilst Active Members will not have any executive rights but will nevertheless be able to participate in any sub-committee or similar structures.

6.3 All Members of the Organisation are obliged to be fully annual paid-up club members.

6.4 To enrol as a Executive Member of the Organisation, one must:

1. have participated in the activity of the Organisation for at least 180 days (6 months);
   
   The Committee reserves the right to refuse any membership application without the need of giving any reason/s whatsoever by at least 75% of the Committee members present and entitled to vote during an Executive Committee meeting.
2. submit the applications for membership provided that applications shall not be considered unless accompanied by the subscription fee.

6.5 Every Member shall conform to the Organisation's Code of Ethics and Internal Rules.

Article 7: Organs

The official organs of the Organisation are General Meeting, the Executive Meeting and the Disciplinary Committee.

Article 8: General

8.1 The Organisation shall, at a minimum, hold a General Meeting once every year. This meeting shall be known as, “The Annual General Meeting”. The Organisation may hold other general meetings during the year on an ‘ad hoc’ basis which shall be known as “An Extraordinary General Meeting”.

8.2 The General Meeting is the highest institution in the structure of the Organisation. All members of the Organisation may attend the General Meeting and have a right to vote.

8.3 At any General Meeting, persons who have attained the age of sixteen (16) years on the day of the meeting have the right to vote whilst persons under the age of sixteen (16) shall be represented by the guardians but entitled to one vote.

Article 9: The Annual General Meeting (AGM)

9.1 The Annual General Meeting of the Organisation will be held by the Executive Committee once a year, and the date of the AGM will be in January of each year.

9.2 The Secretary shall give notice of the Annual General Meeting at least two (2) weeks in advance. This notice shall include the following non-exhaustive points:

1. The date, time and place of the Meeting;
2. The Agenda of the Meeting;
3. An invitation for the submission of nominations for the filling of the posts referred to for a vote;
4. Other matters.

9.3 The notice of the Annual General Meeting shall be either sent out electronically to all paid up members of the Organisation, the Malta Judo Federation or announced publicly via any platform the Committee deems fit.

9.4 The Agenda of the Annual General Meeting shall deal with at least the following non-exhaustive list of items:

1. Verification of the composition of the Meeting and of the people entitled to vote.
2. Approval of the Minutes of the last Annual General Meeting.
3. Approval of the President’s report.
4. Approval of the Report of Activities of the Organisation for the previous year.
5. Approval of the Audited Accounts and Balance Sheet of the Organisation (the default ‘Financial Year-End’ will be treated as being the 31st of December) for the previous year. (The Accounts are to be fully audited and signed in blue ink).
6. Election and Composition of a “Board of Discipline” and a “Board of Appeal”.
7. Nomination of External Auditors of the Organisation for the particular year.
8. Nomination and appointment of a Legal Consultant.
9. Proposed motions and amendments.
10. Nomination and appointment of new Executive Committee members.
11. any other matters.

Article 10: An Extraordinary General Meeting

10.1 An Extraordinary General Meeting shall be convened:

1. when such a meeting is required to be convened by the rules of the Organisation.
2. by the Secretary
3. when the President deems so fit.
4. with a vote of not less than 75% of the members of the Executive Committee.
5. n Extraordinary General Meeting can also be called for when more than 50% of the members make an official written plea to the President stating the reasons as to why a meeting should be called thereof. This plea should be respected and adhered to by
the Executive Committee within 30 days from when the plea was first presented.
6. The notice convening an Extraordinary General Meeting shall specify the date, place and time of the meeting and the subject or subjects to be dealt with during the meetings.
7. The Agenda of an Extraordinary General Meeting must always include as its first item the verification of the composition of the Meeting and of the people entitled to vote.

Article 11: Quorum

11.1 No business shall be transacted at any executive or general meeting unless a quorum of Members is present, in person or by proxy, at the time when the meeting proceeds to business. Save as herein otherwise provided, a Member or Members, present in person or by proxy, entitled to attend and vote at the meeting and representing not less than fifty percent (50%) plus 1 member of the Organisation and/or executive committee members shall constitute a quorum

11.2 If a quorum is not present within half an hour from the time appointed for the commencement of a general meeting, the general meeting shall stand adjourned to such other day and at such other time and place as the Chairman may determine and if at the adjourned meeting a quorum is not yet present within half an hour from the time appointed for the meeting, the Members present shall constitute a quorum.

11.3 The postponed Annual General Meeting should be constituted by not later than ten (10) days after the date of the last General Meeting.

Article 12: The Executive Committee and its Procedures

12.1 The Executive Committee shall manage the affairs of the Organisation and do all such things that are necessary or desirable to give effect to the objects of the Organisation, provided that the Executive Committee shall have, as its primary function but not limited to, the management and allocation of the proceeds of all fund raising activities.

12.2 The Executive Committee must abide by all decisions taken at General Meetings.

12.3 For an Executive Committee meeting to subsist, there must be a quorum of 50% of all Committee members entitled to participate and vote in the meeting. Without a quorum, the meeting may still be held but no decisions may be taken unless the quorum is satisfied.

12.3 The Executive Committee shall meet at such times and places as it decides and at a special meeting of the Executive Committee called by the Secretary if requested by the President or any two (2) members of the Committee, to do so.

12.4 Notices of the Meeting unless it is an AGM, must be given to all members of the Committee at that time not less than seven (7) days before the meeting.

12.5 At the first Meeting after the Annual General Meeting, the Executive Committee may elect the roles amongst the elected Members at the AGM by a secret ballot amongst the Executive Committee Members.

12.6 The Executive Committee must ensure that minutes are kept of all proceedings at meetings of the Executive Committee.

12.7 The Executive Committee must convene at least once a month to discuss the Organisation’s situation.

12.8 All Executive Committee meetings are to be announced by the Secretary.

12.9 All Executive Committee meetings are confidential. Every Organisation member may ask to see the minutes of the Executive Committee meetings. Such a plea must be made to the President and Secretary in writing either in paper format or electronically.

12.10 If a member fails to attend three (3) consecutive committee meetings without any valid reason, it will be assumed that he/she has automatically forfeited his/her post. If a member cannot attend a meeting, he/she is to give a valid reason to the President or Secretary. Such reasons should be recorded accordingly in the minutes. Failure to give a reason will mean the committee member in question will be marked as absent without a valid reason in the minutes.

12.11 Every Executive Committee decision is final unless it is not revoked or amended by the General Meeting or during the Extraordinary General Meeting.

Provided that, without prejudice to the aforesaid, and unless circumstances warrant a genuine change in policy which is needed to attain the best interests of the Organisation, Committee decisions may be altered, amended or rejected accordingly during any ad hoc committee meeting called for by the President, Treasurer or Secretary.

12.12 An Executive Committee is empowered to adopt either Ordinary or Extraordinary Resolutions.

12.13 An ordinary resolution of the Executive Committee in general meeting shall be deemed to have been validly carried if consented to by a Member or Members having the right to attend and vote at such meeting holding in aggregate fifty percent (50%) plus 1 of voting rights represented and entitled to vote at such meeting.

12.14 An extraordinary resolution of the Executive Committee in general meeting shall be deemed to have been validly carried if consented to by a Member or Members holding in aggregate not less than 75% majority of those present and attending the meeting.

12.15 An extraordinary resolution shall be required for the following motions:

1. The approval of yearly audited financial statements;
2. The appointment of all coaching appointments within the Organisation;
3. The appointment of all executive committee members.
4. In instances where the Organisation needs to borrow a sum in excess of EUR 5,000
5. Change in signatory rights on Organisation corporate bank accounts.
6. The appointment of managerial roles within the Organisation.

Article 13: Eligibility to Contest Elections

13.1 Persons eligible to contest for a position in the Executive Committee are those who have been members from at six (6) months prior to the AGM.

13.2 The candidature must be sent by a letter addressed to the Organisation Secretary at least two weeks before the General Meeting.

Article 14: Voting and Elections

14.1 Persons eligible to vote during Committee Elections include all paid-up members who have been members for at least a month before the General Meeting.

14.2 Votes for candidates in the case of an election are to be taken in secret and in writing during the General Meeting. Should the case arise that there aren’t enough candidates for an election, a vote of confidence is henceforth taken for each candidate.

Article 15: Composition and Tenure of the Executive Committee

15.1 The Executive Committee of the Organisation, shall be composed of:

1. a President;
2. a Secretary
3. a Treasurer and
4. up to a maximum of four (4) additional members.

15.2 The General Meeting will elect the President, the Secretary and the Treasurer through separate and distinct elections. The General meeting will also elect up to four (4) additional members in a separate election.

15.3 Once elected, all members of the Executive Committee are elected for a period of one year, which is renewable the following Annual General Meeting. Should a member resign before the cessation of his tenure, the Executive Committee may without delay co-opt a substitute member with a 75% majority vote of those Executive Committee Members present for the meeting. The substitute will then continue the tenure of the previous member until the next valid General Meeting.

Article 16: Voting in the Executive Committee

16.1 Each member in the Executive Committee has one free and unencumbered vote.

16.2 In the case of a parity, the Chairman, or in his absence, the Secretary, shall have the casting vote.

16.3 The Chairman of a General Meeting shall regulate the proceedings at that meeting. The Chairman of a General Meeting will be:

1. the President of the Executive Committee; or
2. if the Chairman of the Board is absent, the Secretary of the Executive Committee.

16.4 The Chairman of a General Meeting has a casting vote.

Article 17: Proxy

17.1 If an Executive Committee Members is unable to attend a General Meeting, the member may appoint a proxy. The Secretary must receive written notice of the proxy from the delegate not less than 24 hours before the General Meeting, provided that in the event of unforeseen circumstances, the Secretary has discretion to accept a notice of proxy at any time prior to the commencement of the General Meeting.

17.2 The Secretary must send a proxy form complying with the notice of the General Meeting.

In every such notice there shall appear, a statement that:

1. the Executive Committee Members are entitled to appoint a proxy to attend and vote; and
2. the proxy must be assigned to the nominated Chairman.

17.3 A proxy is appointed by completing a form substantially in the following terms, or in such other terms as the Executive Committee may approve:

I [name] of [address], being an Executive Committee Member of the Yukizuna Judo Club, hereby appoint the Chairman of the Meeting or failing him or her [name of alternate proxy] as my proxy to vote for me and on my behalf at the General Meeting to be held on [date], and at any adjournment of such General Meeting.

SIGNED

Date:

This form is to be used in favour of/against the resolution (strike out the inappropriate words):

[insert resolutions]

Article 18: The President

18.1 The Organisation President shall, inter alia, have the following responsibilities:

1. Provide more transparent governance structures and improved relations with Organisation stakeholders and to enhance integrity and confidence in the management of the Organisation.
2. Ensure proper transparency and disclosure of all dealings involving the Executive Committee, Technical Staff or officers in a position of trust.
3. Protect the Organisation from potential abuse of those entrusted with the direction and management of the Organisation by improving accountability.

18.2 The President, in particular, has the obligation to:

1. Lead and manage the Committee of the Organisation displaying the traits of ambition and quality;
2. Rule on decisions directly affecting the Organisation;
3. Intervene in the cases of abuse by members of the Organisation;
4. Dissolve the committee and call for an Extraordinary Meeting only if there is a valid reason and not before one month prior to the commencement of the General Meeting.
5. Ensure that the best interests of the Organisation are only truly and effectively served where the short-term operational and business objectives are framed within the overarching and longer-term strategy of the Organisation.
6. Ensure efficient communication.
7. Ensure effective supervision and monitoring.
8. Maintain professional and ethical standards.

Article 19: The Secretary

19.1 The Secretary General has the obligation to:

1. Maintain and manage all Organisation communications in coordination and approval of the President;
2. Carry out and efficiently manage statistics of the Organisation, as well as keep a list of committee members and fully paid up organisation members and any other person who may be involved with the organisation in any other capacity or role;
3. preside over all Organisation committee meetings;
4. Note down all committee minutes.

Article 20: The Treasurer

20.1 The Treasurers’ primary objective is to assist the Executive Committee in fulfilling its oversight responsibilities over the financial reporting process, financial policies and internal control structure.

20.2 The Treasurer is bound to oversee the conduct of the internal and external audit and act to facilitate communication between the Executive Committee and its external auditors.

20.3 The Treasurer shall open a bank account in the name of the Yukizuna Judo Club and administer such including deposits, transfers and payments through internet banking or cheques.

Provided that any such payments or transfers exceeding the sum of EUR 200 shall be approved in writing (sent electronically) by the President and the Secretary before proceeding with such payments or transfers.

In the event that the Treasurer is unable to carry out his/her duties, the Secretary can call an Extraordinary meeting for the Committee to decide on matters that need urgent action and in such case the President shall take the role of the Treasurer for the period that the Treasurer is unable to exercise his duties or until a new Treasurer is appointed. This shall include the administration of the bank account and financial matters.

20.4 The Treasurer’s secondary role will be that of providing all members with a continuously updated balance of Organisation finances. As a rule, this should be done during the Annual General Meeting.

20.5 The Treasurer reserves the sole right of asking every committee member for a personal record of Organisation payments and expenses undertaken on behalf of the Organisation.

20.6 The Treasurer is duty-bound to present monthly financial reports to the Executive Committee.

20.7 Nothing precludes the Treasurer from setting up an ‘Audit Committee’ with the sole aim of aiding in the compilation of financial reporting.

The Committee may be composed of both Executive and Active members.

Article 21: Committee Members

21.1 Members of the Committee who do not have specified responsibilities are to be given duties according to the need of Organisation at the discretion of the President. Such duties will be terminated once they are fulfilled.

21.2 All members shall be bound to act honestly and in good faith whilst ensuring the best interests of the Organisation are always upheld.

Article 22: The Disciplinary Board and Board of Appeal

22.1 The Organisation shall have a Disciplinary Board, hereunder referred to as “the Board”, which shall be competent to deal with incidents relating to members, athletes and coaches (including corruption and bribery) arising in the Organisation.

22.2 The Annual General Meeting will elect the Board which shall be composed of a General Board and a Board of Appeal. The General Board will be chaired by one person who will be elected during the Annual General Meeting.

The Annual General Meeting will also elect a Board of Appeal composed of a Chairman and 2 members who shall be executive or non-executive members. The Board will also elect a substitute member should any of the members of the Board resign or would not be able to fulfil their duties.

If a person feels aggrieved by the decision of the General Board, said person will have fifteen (15) days to appeal to the Board of Appeal. Said Appeal must be delivered to the Secretary within the period stipulated. The Board will perform their duties in accordance with these regulations and with those rules and regulations which the Organisation may make from time to time.

22.3 If a witness duly summoned fails without reasonable cause to appear at a hearing, the Board shall report the matter to the Executive Committee which shall then deal with this matter as it deems fit. The Executive Committee’s decision on this matter shall then be final.

22.4 An adjournment for the hearing of a case due to the absence of a duly summoned witness, even if such an absence is for a reasonable cause, may only be given once.

22.5 The Board will decide the case on its merits and its decision shall be final. Disciplinary action may include suspensions, fines and formal warnings and the punishment handed out will be according to the Organisation's Code of Ethics and Internal Rules. Any complaint has to be done in writing and the case must be heard within five (5) days from when the complaint is formally received and signed.

22.6 During the hearing of the case, Executive Committee members who are not members of the Board have the right to attend as observers. However, these shall not be permitted to comment or otherwise interfere in the proceedings. If an Executive Committee member comments or otherwise interferes in the proceedings, the Chairperson may ask such Member to leave the sitting.

22.7 The Board is empowered to regulate its own procedure provided that these regulations and that of the Malta Judo Federation are observed.

22.8 The Board is also empowered to refer the case to the Malta Judo Federation.

22.9 The Secretary of the Organisation shall inform the party charged of the decision as soon as practicable after the decision has been taken. Furthermore, the Secretary shall at the earliest opportunity inform the Executive Committee of any recommendations made by the Board.

Article 23: Dissolution of Yukizuna Judo Club.

23.1 In the case of a dissolution of the Organisation, the President, the Secretary and the Treasurer being Organisation officials will temporarily maintain all Organisation property, documents and records until all members will know what capacities to assume once an Extraordinary meeting is called.

23.2 Upon the termination of the extraordinary meeting, all the Organisation’s books will be taken to be at the premises nominated at the Extraordinary Meeting.

23.3 In the case of a dissolution of the Organisation, all creditors will be paid and the remaining resources will be allocated to a non-profit organisation or charitable organisation selected by the Annual General Meeting.

Article 24: Notices

24.1 Each Member shall keep the Secretary informed of that Member's private address, email address, or of some other address at which communications may be addressed to him/her.

24.2 Notices shall be put up on the Notice Board of the Organisation and sent by either in electronically to the Members’ email address provided.

Article 25: Declarations

25.1 The Organisation and its members shall endeavour to promulgate and take the necessary measures to:

1. Promote and ensure good governance
2. Promote and ensure safety in sport
3. Promote and enforce anti-doping regulations
4. Promote integrity in sport.

25.2 The Organisation shall promote the above principles, provide links to and procedures of reporting systems on its websites and media portals.

25.3 The Organization shall provide to its members educational material and programmes in relation to integrity in sport as well as attend the Authority for Integrity in Maltese Sport training.

Article 26: Interpretation of the Statute/Constitution.

26.1 The Executive Committee shall have the power to interpret the statute in any way it deems fit and where any rule is inconsistent with this statute or is ambiguous by nature, the Executive Committee will reserve the right to

1. amend the law or
2. declare the rule null and void. This will be then ratified at the next organisation General Meeting.

26.2 If any other Organisation document including but not limited to:

1. Organisation's Code of Ethics and Internal Rules
2. The Organisation Philosophy Document and the
3. Organisation Safeguarding Policy is found to be in conflict with this Statute, then the provisions and regulations of this document will hold sway and over-rule any other texts which may be deemed to be incompatible.

Article 27: Statutory Changes

27.1 Permanent or temporary changes in this statute may be made after they are presented and approved by 2/3 of the votes in the General Meeting

27.2 Such changes must be highlighted in an agenda and presented to Organisation members.

Article 28: Heritage

28.1 Mr Serge Dintimille will be recognised by Yukizuna Judo Club as the Mellieha Judo Club’s creator that became the Yukizuna Judo Club organisation. This entitles him to attend all General Meetings with the right to vote. His voting rights are however not transferable or inheritable.

28.2 The names Mellieha Judo Club and Judo Club Mellieha, the logo (annexed) and the domain name (melliehajudoclub.org) will be kept by Yukizuna Judo Club and shall be part of the brand heritage.

Signature

For all intents and purposes, this Statute has been approved during an Extraordinary General Meeting

held at Mellieha, Malta

on 2024-05-24

and is being certified by all of the Executive Committee.

Signed: Nicolas Bages
President

Signed: David Cucić
Secretary

Signed: Kan Yan Cheung
Treasurer