STATUTES
Statutes for the non-profit association FALKENBERGS BÅTSÄLLSKAP with domicile in the municipality of Falkenberg. Falkenberg Boat Society shall work to give all people the opportunity to use the Society’s docks and grass areas for various activities and socializing in a fine marine environment. The Society was established in 1969. The Society’s standard is triangular in shape. Its emblem is a steering wheel on a dark blue background, inside which is a leaning mainmast with sails, surrounded by the letters F B in English script, in capital letters. The base of the triangle should be 3/5 of its height.
As a cap or jacket badge, the emblem has the same proportions and appearance as the standard.
The statutes were last amended at the annual meeting on November 23, 2017.
GENERAL PROVISIONS
Section 1 Purpose
The society shall be a non-profit association of people who are boat owners or are interested in boating, sea life or recreation in the marine environment in its various forms. The society shall conduct activities involving the maintenance of boat moorings, parking areas, clubhouse with storage facilities, service facilities, etc. on the southern bank of the river Ätrans. For the benefit of this activity, the Society may carry out marina activities. The Society shall also work, alone or together with other associations, to promote sailing as defined by the Swedish Sailing Federation.
Section 2 Composition
The Society consists of the natural persons who have been admitted to the Society as members.
A member who has not yet reached the age of 18 is a junior member. Other members are senior members.
Section 3 Membership, etc.
The Society is a member of the following organizations :
Swedish Boat Union
Sea Rescue Society (SSRS)
Section 4 Decision-making bodies
The Society’s decision-making bodies are the Ordinary General Meeting, the Extraordinary General Meeting and the Board of Directors.
5 § Signature of the company
The Society’s name is signed by the Board or in the manner decided by the Board.
Section 6 Operating and financial year
The Society’s operational and financial year runs from October 1 to September 30.
Section 7 Interpretation of the Charter, etc.
If there is any doubt as to the interpretation of these statutes, or if cases arise which are not foreseen in the statutes, the matter shall be referred to the next ordinary or extraordinary meeting of the Association. In cases of urgency, the matter may be decided by the Board. By joining the Society, a member undertakes not to bring an action before a court of law in respect of the application of these Statutes.
8 § Amendment of the Statute
Amendments to these Statutes require a decision by an ordinary meeting of the Association with at least 2/3 of the votes cast or by two meetings of the Association – one of which may be an extraordinary meeting – with at least half of the votes cast. Proposals to amend the Statutes may be made in writing by both the member and the Board.
9 § Dissolution of the Society
The dissolution of the Society requires a decision by two consecutive General Assemblies with at least 3/4 of the votes cast. The decision to dissolve the Society shall specify how the Society’s assets are to be used for a specific purpose consistent with the Society’s activities.
MEMBERS OF THE SOCIETY
Section 10 Membership
Membership shall be granted on application by the Board or by the person to whom the Board has delegated the power of decision. Membership can be either individual or family membership.
Applications for membership may be refused only if it can be assumed that the person concerned will work against the aims or interests of the Society.
The decision to reject the membership application shall be taken by the Board.
11 § Withdrawal
A member who wishes to withdraw from the Society must notify the Board in writing and is thereby considered to have immediately left the Society.
A member who has not paid the membership fee for two consecutive financial years shall be deemed to have withdrawn from the Society. In such cases, membership is terminated by removing the person from the list of members.
12 § Exclusion etc.
A member may not be expelled from the Society for any reason other than that he or she has neglected to pay the fees decided by the Society, opposed the Society’s activities or purposes, or obviously harmed the Society’s interests.
A decision to expel a member may not be taken without the member having been given a period of time, at least 14 days, to comment on the circumstances that led to the membership being questioned. The decision shall state the reasons for the decision and shall specify the procedure for appeal. The decision shall be notified in writing to the person concerned within ten days of the date of the decision.
Decisions on expulsion shall be taken by the Board of the Society and may be appealed by the person concerned within three weeks.
Section 13 Rights and obligations of members
Member
– have the right to participate in meetings organized for members,
– have the right to be informed about the Society’s affairs,
– shall comply with the statutes of the Society and the decisions of its organs and with the statutes, rules and decisions of the organizations referred to in Section 3.
– shall not be entitled to any share of the Society’s assets or property in the event of its dissolution,
– shall pay the membership fee and any other fees decided by the Society.
ASSOCIATION MEETINGS
Section 14 Date, notice
The Annual General Meeting, which is the highest decision-making body of the Society, is held before the end of November at a time and place determined by the Board.
The invitation to the ordinary meeting of the Association, together with the proposals of the Nominating Committee, shall be sent by the Board to the members at least seven days before the meeting.
Furthermore, the notice and the proposed agenda shall be posted in the clubhouse or in another suitable place. If a proposal has been made to amend the statutes, close down or merge the Society with another association or any other matter of significant importance to the Society or its members, this shall be stated in the notice of meeting.
The annual and management reports, the auditors’ reports, the business plan with budget, the Board’s proposals and motions received with the Board’s opinion shall be available in the clubhouse for the members at least seven days before the ordinary meeting of the Association.
15 § Proposals for matters to be dealt with by the ordinary meeting of the Association
Both members and the Board may submit proposals for consideration by the ordinary meeting of the Association.
Proposals from members must be received by the Board no later than four weeks before the ordinary meeting of the Association. The Board shall submit a written opinion on the proposal to the ordinary meeting of the Association.
16 § Voting rights and the right to speak and make proposals at the ordinary meeting of the association
Members who have paid their due membership fees and are at least 18 years old during the year have the right to vote at the meeting.
Voting rights are personal and may not be exercised by proxy.
Members who do not have voting rights have the right to speak and make proposals at the ordinary meeting of the Association.
17 § Quorum
The quorum is the number of members present who are entitled to vote.
Section 18 Decisions and voting
Decisions are taken by acclamation or, if requested, by vote.
With the exception of the cases referred to in Article 8(1) and Article 9, all questions shall be decided by a simple majority vote. Simple majority can be either absolute or relative.
Elections are decided by a relative majority. A relative majority means that the person(s) with the highest number of votes is (are) elected regardless of the ratio of these votes to the number of votes cast.
Decisions on matters other than elections require an absolute majority, which means more than half of the votes cast.
Voting is open. However, if a member entitled to vote so requests, elections shall be held by secret ballot.
In the event of a tied vote, the proposal supported by the Chairman of the meeting, if he is entitled to vote, shall prevail. If he or she is not entitled to vote, it is decided by lot. In the event of a tie, elections shall be decided by lot. Decisions are confirmed by club vote.
Section 19 Eligibility
Any member of the Society who is entitled to vote is eligible for election to the Board and the Nominating Committee.
20 § Matters at the ordinary meeting of the Association
At the ordinary meeting of the Association, the following shall be discussed and recorded:
1. adoption of the voting list for the meeting.
2. Election of the Chair and Secretary of the meeting.
3. Election of a person to verify the minutes and count the votes.
4. ask whether the meeting has been properly advertised.
5. adoption of the agenda
6. the Board of Directors’ report with balance sheets and profit and loss accounts for the last financial year.
7. the auditor’s report on the management of the Board of Directors during the last financial/operational year
8. discharge the Board of Directors from liability for the period covered by the audit.
9. determination of membership fees and other charges affecting members.
10. adoption of the activity plan and budget for the coming financial year.
11. Consideration of the Board’s proposals and timely motions.
12. Election of
a) the President or Vice-President of the Society for a period of 2 years, but not in the same year.
(b) other members of the Management Board for a period of 2 years.
(c) alternate members of the Management Board in the order of their appointment for a period of 2 years;
(d) 2 auditors and alternates for a period of one year. Members of the Board may not take part in this election.
(e) at least three members of the Nomination Committee for a period of one year, one of whom shall be appointed chairman;
f) decisions on sections and on the election of members of the sections, including the section officer, for a period of two years.
13 Setting of launching and recovery times and other essential activities.
14 Determining the amount of work to be done by mooring holders and the fee for failure to do so
15 Any remuneration of officials.
16 Other issues
21 § Extraordinary general meeting and spring meeting.
In addition to the regular association meeting, an information meeting is held once a year before the end of March (spring meeting).
In addition, the Board may call the members to an extraordinary meeting of the Association.
The Board of Directors shall be obliged to convene an extraordinary meeting of the Society at the request of an auditor or at least one tenth of the Society’s members entitled to vote. Such request shall be made in writing and shall state the reasons for the request.
Upon receipt of a request for an extraordinary meeting of the Association, the Board shall within 14 days call such a meeting to be held within two months of the receipt of the request. Notice of an extraordinary meeting of the Association, together with a draft agenda, shall be sent to members at least seven days before the meeting. Furthermore, the notice of the meeting and the proposed agenda shall be posted in the clubhouse or in another appropriate place.
If the Board fails to call or summon an extraordinary meeting of the Association, the petitioners may take action in accordance with the previous paragraph.
At an extraordinary meeting of the Association which the Board of Directors has been obliged to convene, only that which has given rise to the meeting may be discussed.
THE ELECTORAL COMMISSION
Section 22 Composition, duties
The Nomination Committee consists of the Chairman of the Committee and other members elected by the Annual General Meeting. No later than 5 weeks before the ordinary meeting of the Association, the Nomination Committee shall ask those whose term of office expires at the end of the meeting whether they wish to stand for the next term of office.
AUDITORS
23 § Revision
The auditors have the right to inspect the Society’s accounts, the minutes of ordinary meetings of the Society and the Board of Directors and other documents on a regular basis.
The accounts of the Society shall be submitted to the auditors not later than one month before the ordinary meeting of the Society.
The auditors shall examine the management and accounts of the Board of Directors for the last financial year and submit their report to the Board of Directors no later than 14 days before the ordinary meeting of the Association.
GOVERNMENT
Section 24 Composition
The Board consists of the Chair, 4 other members and 2 alternates. The Board appoints from among its members: vice-chairman, secretary, treasurer and other necessary officers.
If a member is prevented from attending, the longest-serving alternate takes his or her place. If a member resigns before the end of his/her term of office, an alternate shall take his/her place in the same order for the period until the next ordinary meeting of the Association.
Section 25 Duties of the Board
When the ordinary meeting of the Society is not in session, the Board is the decision-making body of the Society and is responsible for the affairs of the Society. The Board is responsible for the Society’s activities according to established plans and for safeguarding the interests of its members.
In particular, the Board is responsible for
ensure compliance with the laws and binding rules applicable to the Society,
implement decisions taken by the meeting of the association,
plan, manage and distribute the work of the Society,
be responsible for and manage the Society’s funds,
submit accounts etc. to the auditors in accordance with § 24, and prepare the meeting of the association.
The President is the official representative of the Society.
The President shall preside over the proceedings and work of the Board and shall ensure compliance with the Society’s Statutes and other rules and decisions binding on the Society. If the chairman is unable to attend, the vice-chairman shall take his place. The Board shall decide on the allocation of other tasks. Unless otherwise decided, the tasks listed below are the responsibility of the Secretary and the Treasurer.
Secretaries
prepare the meetings of the Board and the Society,
keep minutes of the meetings of the Board,
ensure that the Society’s documents are kept in an orderly and safe manner and ensure that the history of the Society is documented,
unless the President decides otherwise, sign outgoing documents,
draw up a draft annual report on the Society’s activities.
Treasurer
keep a list of members and ensure that members pay the agreed fees to the Society,
ensure that the society applies for grants from the state, municipalities, sports organizations, etc,
be responsible for the company’s accounts, which means keeping the company’s books,
prepare annual balance sheets and income statements,
preparing the basis for the budget and budget monitoring,
ensure that the Society’s taxes, fees and debts are paid on time,
where appropriate, prepare and submit general tax returns, control data, collection declarations and other prescribed information in the field of taxes and duties,
26 § 26 Convening, quorum and vote
The Board meets at least 6 times a year at the invitation of the Chair, or at the request of at least half the number of members.
A quorum is reached when all members have been summoned and at least half of the members are present. All decisions require the agreement of at least half of all board members. In the event of a tie, the President has the casting vote.
In urgent cases, the President may decide that the matter shall be decided by written vote or by telephone conference. If no separate minutes are drawn up, such decisions shall be reported at the next meeting.
Minutes shall be kept of the meeting. The minutes shall be verified by the chairman of the meeting. Dissenting opinions shall be recorded in the minutes.
Section 27 Transfer of decision-making powers
The Board may delegate its decision-making powers in individual cases or in certain groups of cases to a section, committee or other body or to an individual member or staff member.
Any person who has taken a decision under the authorization referred to in the previous paragraph shall keep the Board of Directors informed.
SECTIONS
28 § Formation and closure of a section
Decisions on the formation or closure of a section are taken by the Society’s ordinary general meeting or an extraordinary general meeting convened to consider such matters.
29 § The activities of the Section
The leadership of each section is exercised by a designated participant in the section.
Members of the sections are elected annually from among the voting members at the Society’s ordinary general meeting.
In addition, the Society’s Executive Committee may appoint one of its members to the section management.
Section 30 Instructions for section management.
The Board of Directors of the Society shall define the powers and duties of the Section in specific instructions or by other appropriate means.
31 § Section budget and activity plan
The section prepares a draft budget and business plan for the section for the next financial year. The budget and plan are submitted to the Board for approval at a time determined by the Board.
The Board makes such changes to the budget and plan as are deemed necessary in view of the Society’s obligations in various respects, its financial position or the expected development of its activities.
