GFA Statutes

(1) Manufacturers and distribution companies of foil-board-sports material, organisers of foil-board-sports travels and foil-board-sports events and other legal entities under civil law whose interests are linked to foil-board-sports, may be members of the Association. A member can also be a private person who is not a professional athlete and has special and outstanding involvements in the foil-board-sports industry on a permanent and professional basis.

(2) The acquisition of membership shall take place by submitting a written application to the Association.

(3) An applicant becomes a member of the Association, if not expressively rejected in writing within 14 days by the majority of the members and after the Executive Committee or the Secretary General alone has confirmed the application in writing to the applicant.

(4) A right of acceptance does not exist.

(5) Membership shall be terminated through resignation, exclusion, demise of the member, initiation of insolvency proceedings or loss of their legal capacity in the event of a legal entity. Resignation shall only take place at the end of the actual financial year after a term of 3 months’ notice in writing has been given. The resigning member shall document receipt of the written notice of termination by the Association.

(6) The Association may exclude a member with immediate effect, if a valid reason exists. Breaching the statutes or interests of the Association shall be a valid reason. Expulsion shall automatically take place, if a member is in arrears with membership fees for one year.

(7) A decision about the exclusion of a member requires a two-third majority of votes at the General Meeting. The member concerned shall be given the opportunity to respond to the accusations in front of a commission consisting of two members of the Executive Committee at least two weeks prior to the General Meeting.

(8) Upon termination of the membership all claims against the Association shall cease. A reimbursement of services rendered by the member shall not take place. This shall not affect possible claims by the Association for payment of outstanding fees.

(1) The amount of the annual membership fee for brands is 300,- US Dollar.

(2) The amount of the annual membership fee for organisation, private or public, is 150,- US Dollar.

(3) The amount of the annual membership fee for private persons, is 100,- US Dollar.

(4) The membership fee shall be paid until 31 January for the current year. Members not paying the membership fee in time will pay a fine of 50% of the membership fee due.

(5) Full membership fee of the actual financial year shall be paid upon resignation or other termination of membership.

Members of the Global Wingsports Association (GWA) are released from membership fee payments.

(7) The General Meeting shall determine any amendments of the annual membership fee.

(1) All members are entitled to participate during all events of the Association subject to regular payment of their membership fees. In addition to that, they shall have the right to table motions before the Executive Committee. The member shall table the motion at the next General Meeting, should the Executive Committee not address the motion.

(2) The right to vote in the General Meeting may be transferred to another member by written power of attorney.

(3) Members are obliged to support the Association and its public presentation in an adequate manner at all times.

(1) Essential decisions shall be taken by the General Meeting. It shall fulfil the following duties in particular:

• receive and review the annual financial report of the Executive Committee;
• formally approve the actions of the Executive Committee and the Secretary General in the previous year;
• elect the Executive Committee;
• decide on the statutes, amendments of the statutes as well as the dissolution of the Association;

(2) The General Meeting may be summoned by the Executive Committee or the Secretary General at least once every financial year or as required. Notice shall be given via e-mail at least one month before the meeting. It shall be sent to the last known e-mail address of each member together with the preliminary agenda.

(3) Items to be added to the agenda shall be sent by members in writing to the Secretary General at least two weeks before the General Meeting. Motions received at a later date shall be communicated by the Secretary General to the General Meeting before the start of the agenda. The General Meeting shall decide with simple majority of vote, if late motions as well as motions only tabled during the General Meeting, may be discussed and decided.

(4) The Secretary General or the Executive Committee shall summon a General Meeting immediately, if it deems to be necessary in the interest of the Association or if summons of at least a third of active members of the Association is tabled in writing with disclosure of reasons.

(5) General Meetings may take place online.

(6) Communication shall exclusively take place within a predetermined group of participants, whereas identification of participants unequivocally has to take place.

(7) Minutes of the General Meeting, including all resolutions, shall be made available to each member in English within one month after the General Meeting. The Secretary General shall sign the minutes.

(8) The association’s correspondence language is English unless statutory provisions conflict with this.

(1) Each member has one vote.

(2) The Secretary General has one vote.

(3) The General Meeting shall take decisions with a simple majority of votes unless otherwise stated in this statute. Invalid votes or abstentions from voting shall not be taken into consideration. In the event of an equal vote, the motion shall be considered rejected.

(4) Votes and elections of the General Meeting shall take place in writing or by using ballots, if this is expressly requested by a participant.

(5) All amendments of the Statutes necessitate a two-thirds majority of votes cast.

(6) For votes that require a third majority (1/3 or 2/3), decimal places between 0.1 and 0.9 will be rounded up to one full vote.

(1) The Executive Committee consists of: Chairperson, Vice-Chairperson, Treasurer.

(2) Every three years’ members of the Executive Committee, shall be elected for office for a period of three years.

(3) Election shall take place during the General Meeting. Every member of the Executive Committee shall be elected individually.

(4) The Secretary General shall be responsible for summoning the General Meeting.

(5) Responsibilities of the Secretary General, the extent of his power of representation as well as his rights and obligations with regard to the Association can be determined by the contract between the Executive Committee and the Secretary General.

(6) The Association is represented externally by the Chairperson or the Vice-Chairperson or the Secretary General.

(7) The Secretary General represent the Association judicially.

(8) Decisions of the Executive Committee shall be taken on the basis of a simple majority vote. The Executive Committee has a quorum when at least two of its members participate in the resolution or a circulation procedure has been agreed to previously. The resolution shall be rejected in the event of an equality of votes. All resolutions of the Executive Committee shall be recorded.

(9) The Executive Committee has the right to appoint an interim member in the event of a resignation by an Executive Committee Member before the end of the term. The interim member shall take over all responsibilities until the next General Meeting takes place.

(10) The term of a member of the Executive Committee, elected by the General Meeting, ends upon entry of the new member of the Executive Committee.

(11) Decisions made by the Executive Committee affecting the general goals of the association can be revoked by a vote of two third of all members at any time, if contrary to the interest of the members, which are manufactures and/or distributors.

(1) In the event of a dissolution of the Association the General Meeting shall decide on the usage of remaining assets of the Association after liquidation has taken place.

(2) Final distribution of assets shall be subject to the approval of authorities and the revenue office.

(3) The Secretary General shall carry out liquidation unless the General Meeting decides otherwise.

(1) Members of the Association shall attempt to amicably resolve any dispute that may arise with regard to the interpretation or application of this statute.

(2) Should the parties not succeed in amicably resolving the dispute within two months after a request for negotiation has been submitted or if one of the parties declares in writing that negotiations have failed, a mediation process shall take place in accordance with the rules of mediation of the German Institute for Arbitration (DIS).

(3) Should one party declare in writing before the mediator and other parties that mediation has failed after the first joint mediation session has taken place or if one month has passed since application for mediation has been made without any joint mediation session having taken place, the parties shall agree that a court of arbitration consisting of three arbitrators shall make a final and binding judgement on all preceding disputes under exclusion of the courts of general jurisdiction in accordance with the international rules.

Seat of the arbitration is Geneva. The effects of the arbitration award shall also affect the members, who shall be named as parties concerned within the stipulated time, regardless of whether they have made use of the possibility to join the arbitration proceedings as party or intervenor. Those members affected that have been named within the stipulated time, shall commit themselves to accept the effects of a ruling in accordance with the international rules of Arbitration.