STATUTE

STATUTE

OF THE MEDITERRANEAN HORSERACING UNION

Article 1 – Name - duration

1.     It is constituted an association named “MEDITERRANEAN HORSERACING UNION.

2.    The duration of the association is established until December 31. 2100 (31.12.2100) and can be prolonged and also beforehand dissolved, as per the provisions of the present Statute.

 Article 2 – Seat

MEDITERRANEAN HORSERACING UNION registered office is at Ippodromo del Mediterraneo, Contrada Spinagallo 50 96100 Siracusa, Italy. Its headquarters are traditionally located in the General Secretary’s country and in the seat settled by the General Assembly.

The General Assembly may however decide to transfer the registered office to another place also abroad.

 Article 3 – Object

1.  MEDITERRANEAN HORSERACING UNION’s main purposes are:

a) to celebrate the historical and cultural community of the Mediterranean area countries, by promoting the development of friendly relationships among the Member Countries and by developing their co-operation in the horseracing field;

b)  to exploit trot and gallop racehorses breeds as well as the Arab horse;

c)  to promote horseracing in the Mediterranean area countries, as well as its integrity, culture, traditions and prestige in the world;

2.  MEDITERRANEAN HORSERACING UNION’s specific missions are:

a)  to set up close, lasting and friendly relationships among its Member Federations, Boards and Companies;

b)  to promote the respect for horses in horseracing in the Mediterranean countries, as well as to spread horseracing culture in their communities;

c) to schedule and organize international horseracing events in MEDITERRANEAN HORSERACING UNION’s Member Countries, to set up their calendar and, in particular, to organize an annual competition, named “Mediterranean Championship”, setting up its calendar and defining the necessary regulations for the participation of the athletes and eventually of the horses in the two specialties of gallop and trot;

d)  to harmonize and enforce the rules governing the international scheduled events and those part of the Mediterranean Championship;

e)  to ensure that the Mediterranean Championship is advertised and known by the public, particularly relating to the economical and sport aspects of horseracing in the various participating Countries, as well as to their cultural, historical, economical and tourist highlights;

f)   to promote the flow of information among its Members on:

-     the racecourses technical development, as well as the development of the horseracing and betting facilities;

-     professional training, health and security for horseracing professionals;

-     the enforcement of regulations on races security and regularity, sport justice, equine health and anti-doping;

-     any amendment to rules introduced by any Member Country which could be interesting and profitable for horseracing in general;

-     the relevant fiscal, administrative and contributions regulations interesting for horseracing;

g)     to contribute to represent Mediterranean horseracing general interests in international meetings.

3. MEDITERRANEAN HORSERACING UNION’s target is to have the support, in addition to the foundation Countries, of all the Countries facing the Mediterranean Sea and the Black Sea where professional horseracing exists. Each Country facing the Mediterranean Sea and/or the Black Sea may become a MEDITERRANEAN HORSERACING UNION Member, according to the present Statute regulations, being represented by:

a) its National Horseracing Federation or, if the horseracing activity is divided into more bodies, by the relating Federations and/or Associations and/or National, Regional or Sectorial organisations;

b) the Racing Club/s who organize/s the leg/s of the Mediterranean Championship.

Should a MEDITERRANEAN HORSERACING UNION Member Country be represented in it by more bodies (Boards, Federations, Associations or Racing Clubs), these:

-   assume upon themselves collectively their own Country representation;

-   express unanimously the votes owing to their own Country;

-   will henceforth be mentioned as “Member Countries”;

-    divide equally among themselves their Country annual fee, by following their own rules.

 Article 4 – Bodies

MEDITERRANEAN HORSERACING UNION’s bodies are:

A.     the General Assembly;

B.     the Board;

C.     the President and the Vice Presidents;

D.     the General Secretariat, which is composed by one General Secretary and one Technical Advisor;

E.     the Gallop Committee and the Trot Committee;

F.     the Board of Auditors;

G.    the Treasurer.

The bodies are in charge of MEDITERRANEAN HORSERACING UNION’s operation and management in the lightest possible way in order to favour its dynamism and in the following conditions:

A)     The GENERAL ASSEMBLY

a1. Composition – the Member Countries, through the Boards, the Federations and/or the Racing Clubs representing them, form the General Assembly, which is MEDITERRANEAN HORSERACING UNION’s principal governing body. Non Member Countries may be invited to take part in the General Assembly, without a right to vote and are henceforth mentioned as “Invited Countries”.

a2. Votes – each Member Country may send a maximum of three delegates to each General Assembly, indicating the delegation chief. Each Member Country expresses 1 vote, through the delegation chief, aside from the number and nature of the organisations representing each Nation in the Mediterranean Horseracing Union.

Each Invited Country may send a maximum of three delegates to each General Assembly, without a right to vote.

a3. Proxies – any delegate may be represented by a person of his/her choice, provided that this person has received a proxy from the Board, the National Federation or the Racing Club he/she represents. A Country shall not receive more than one proxy.

a4. Constitution – a General Assembly shall only be validly constituted if at least a minimum of one half of all Member Countries are present or represented.

a5. Majority – all decisions, including those concerning the election of a person destined to hold an office provided in this Statute or concerning the admission of new Members, shall be taken by a majority of two third of the votes cast by the Member Countries.

a6. Ballot – votes shall be cast by open vote. Any Member Country may however ask that a secret ballot is organized for a specific decision and, in this case, his request shall be put to the vote as per the above point a5.

a7. Convocation – the General Assembly shall be convened at least ones every year, following up a written convocation with indication of the meeting agenda, date and time sent with a notice of at least 45 days. As far as possible, General Assemblies shall take place by rotation where and when a Mediterranean Championship leg takes place. The date and the place of each Assembly’s meeting shall be determined by the previous General Assembly by vote. If necessary, or on request of a minimum of one third of the Member Countries, the President may convene extraordinary sessions of the General Assembly.

a8. Chairmanship – the MEDITERRANEAN HORSERACING UNION’s President shall chair the General Assembly. If the President is unable to attend the meeting, the senior Vice President among the present ones shall chair the meeting.

a9. Agenda – any Member Country wishing to include any item on the agenda of a General Assembly should inform the General Secretariat in writing and state its motivation, at least thirty days before the meeting. Except in emergency cases to be appreciated by the President, only the items included on the agenda shall lead to a formal decision by the General Assembly, while the decisions on lately or orally introduced items shall be postponed until the following session of the Assembly.

a10. Minutes – the minutes of the meetings shall be drafted after each session of the General Assembly under the General Secretary’s responsibility and sent to each participant. The minutes shall be considered as adopted if no remark has been received by the General Secretariat within thirty days from their sending. The minutes of the meetings shall be approved at the following General Assembly and shall be signed by the President.

a11. Powers – the General Assembly’s powers shall be:

a)       to define MEDITERRANEAN HORSERACING UNION’s policy;

b)     to elect all members of the Board and, among this, the President and the Vice Presidents, entrusting all of them as far as they are concerned with specific missions and powers. The President and the Vice Presidents must belong each one to a different Country;

c)       to elect the General Secretary and the Technical Advisor;

d)     to elect the Board of Auditors;

e)       to elect the Treasurer;

f)       to approve the forecast budget and the annual financial report;

g)     to approve the President’s report;

h)     to determinate the annual fees for each Member Country intended for organisational purposes;

i)       to approve any admission or exclusion of Members as proposed by the Board;

j)       to decide any amendment to this Statute;

k)     to decide to dissolve MEDITERRANEAN HORSERACING UNION.

B)     The BOARD

b1. Composition and votes – the Board is elected by the General Assembly and its members are composed as follows:

-   one member representing each Member Country, who expresses one vote in the Board.

The participation in the Board meetings is also admitted by videoconference, teleconference and video written communication in real time, provided that the Board members using these means of participation can be identified and are able to follow the discussion, to intervene in real time about the discussed items and to participate in the votes. The Board members can furthermore be represented by a person of their choice, provided that this person has received a proxy.

b2. Duration: the Board shall be elected for a two-year period and its members may be re-elected.

b3. Convocation: the Board shall hold a minimum of two meetings per year. Its meeting shall be organized as far as possible in the seat and in the occasion of a leg of the Mediterranean Championship. The President shall convene such meetings. The convocations shall be made in writing with a notice of at least fifteen days and indication of the meeting agenda.

b4. Chairmanship: the MEDITERRANEAN HORSERACING UNION’s President or, if he is unable to attend, the senior Vice President among the present ones shall chair the Board. Should also the latter be unable to attend, the member representing the hosting Country will chair the meeting.

b5. Constitution: a Board shall only be validly constituted if at least a minimum of one half of its Members are present or represented.

b6. Voting: decisions shall be taken by open vote by a two-third majority of the votes.

b7. Minutes: the minutes of the meetings shall be drafted by the General Secretary or, if he is unable to attend, by a Member indicated by the Board.

b8. Powers: the Board’s powers shall be:

a)       to ensure MEDITERRANEAN HORSERACING UNION’s management;

b)     to prepare the General Assembly;

c)       to determinate the calendar of the events and in particular of the Mediterranean Championship;

d)     to appoint the Gallop Committee and the Trot Committee, with functions of organization, study and management of specific activities in MEDITERRANEAN HORSERACING UNION’s action, particularly regarding the organization of the Mediterranean Jockeys Championship and of the Mediterranean Trot Championship, deciding their missions and powers;

e)       to study problems concerning the Mediterranean Countries in racing matters;

f)       to examine the Gallop Committee and the Trot Committee proposals;

g)     to carry out the MEDITERRANEAN HORSERACING UNION’s promotion policy;

h)     in general, to adopt any decision concerning the MEDITERRANEAN HORSERACING UNION’s operation for any matter not specifically concerning the General Assembly;

i)       to determine the functions and the fees for the General Secretary and the Technical Advisor;

j)       to draw up the budget and the annual financial report to be presented to the General Assembly.

C) The PRESIDENT and the VICE PRESIDENTS

c1. Appointment – the President and the two Vice Presidents shall be elected for a two-year period by the General Assembly among the Members of the Board and shall represent each one a different Member Country. If the President or Vice Presidents resign or leave their office in the course of their respective terms of office, the senior Vice President will take the interim until the General extraordinary Assembly.

c2. Functions – the President’s and the Vice Presidents’ functions shall be honorary without any fees.

c3. Powers – the President’s or, upon his delegation, the Vice President’s powers shall be:

a)       to ensure MEDITERRANEAN HORSERACING UNION representation at the meetings of the International Federations;

b)     to conduct MEDITERRANEAN HORSERACING UNION in accordance with this Statute and with the Board’s decisions;

c)       to draw up any specific regulation to this end and to manage their implementation;

d)     to draw up an annual report about MEDITERRANEAN HORSERACING UNION’s activity;

e)       to draft the agenda of the General Assembly and of the Board;

f)       to submit to the Board’s approval the budget for the following financial year and the end-of-year accounts drawn up by the Treasurer and approved by the General Secretary.

D) The GENERAL SECRETARIAT

d1. Composition – MEDITERRANEAN HORSERACING UNION’s current management shall be carried out by the General Secretariat, which is composed by one General Secretary and one Technical Advisor, both elected by the General Assembly for a two-year period among the candidates presented by the Member Countries, who register for that purpose their candidates’ names with the General Secretariat at least fifteen days before the election date.

d2. Functions – the General Secretary and the Technical Advisor shall be reimbursed of their fees in the amount decided by the Board. The General Secretary and the Technical Advisor shall attend the meetings of the General Assembly and of the Board without a right to vote. They shall be entrusted, under the President’s and the Board’s authority, with carrying out MEDITERRANEAN HORSERACING UNION’s missions as defined in Article 3) of this Statute. Their respective functions, within such missions, shall be defined by the Board.

d3. Specific missions

The General Secretary’s specific missions shall be:

a)       to organize the sessions of the General Assembly’s meetings and draft the minutes of these meetings;

b)     to gather the necessary elements in order to prepare the MEDITERRANEAN HORSERACING UNION’s budget for the following year;

c)       to take care that Members annual fees are duly paid in one payment only.

The Technical Advisor is specifically in charge of all operating matters dealing with the organization of the Mediterranean Championship Races. He operates under the responsibility of the General Secretary and in accordance with the Board.

F) The BOARD OF AUDITORS

e1. Nomination – the General Assembly appoints the Board of Auditors, composed by three active members of proved experience in accounting, among which one president and two substitutes, for a two-year period. The Auditors may be consecutively re-elected only one time. Their functions shall be honorary and without any fees.

e2. Functions – the Board of Auditors’ mission is to check the books and to control and audit the accuracy of figures as well as the MEDITERRANEAN HORSERACING UNION’s financial equilibrium. The Board of Auditors presents a report to the General Assembly.

 G) The TREASURER

g1. Nomination – the General Assembly appoints the Treasurer for a two-year period. The Treasurer may be consecutively re-elected only one time. His functions shall be honorary and without any fees.

g2. Functions – the Treasurer’s mission is:

a)  to keep the accounts;

b) to register the President’s and the Vice President’s expenses lists, provided that they have been authorized by the Board, and pay them in one annual payment only.

 Article 5 – Assets

1. MEDITERRANEAN HORSERACING UNION’s Assets are constituted by the annual fees paid by the Members, by any movable and immovable goods acquired in order to reach the social object and by any other income.

 Article 6 – Admission of new members

1. In addition to the Member Countries who signed the Statute at the Association constitution, MEDITERRANEAN HORSERACING UNION may admit any new Country and/or any new body representing an already Member Country who is requesting the admission, provided they fulfil the following provisions and present their application, accompanied by the necessary documents, to the General Secretariat:

a)  they shall represent a country facing the Mediterranean Sea and/or the Black Sea;

b)  they shall organize a leg of the Mediterranean Championship and/or shall participate in it with their jockeys and/or drivers;

c) they shall represent a Horseracing Federation, Association or Body of that Country or the Racing Club who is the organizer of one leg of the Mediterranean Championship;

d) they shall demonstrate their role and responsibility in the horseracing activities of their own country and shall undertake to fulfil their obligations with MEDITERRANEAN HORSERACING UNION as set in this Statute.

The General Secretary and the Technical Advisor shall examinee each application before presenting it to the Board for the final admission to be approved by the General Assembly.

2.  A body that does not fulfil MEDITERRANEAN HORSERACING UNION’s requirements may be accepted as Invited Member on decision of the General Assembly.

 

Article 7 – Resignation or exclusion of a member

1.   A body shall cease to be a Member of MEDITERRANEAN HORSERACING UNION by resignation or by exclusion.

2.   Any declaration of intent to resign shall be sent to the General Secretariat in writing at least six months before the end of the calendar year.

3.   A regularly or invited MEDITERRANEAN HORSERACING UNION Member shall be excluded if:

a)  that Member seriously breaks this Statute or the regulations deriving thereof;

b)  that Member has not paid its fee for more than twelve months.

4.   The Board shall take due note of the resignation of a Member and may also take the decision in principle that a Member shall be excluded, submitting its decision to the General Assembly for approval.

5.  Any resigning Member shall fulfil its commitments to MEDITERRANEAN HORSERACING UNION, also relating to the annual fees payment, until the end of the current financial year.

 Article 8 – Non active members

1.  The Members of the MEDITERRANEAN HORSERACING UNION, should the horseracing activity in their country be suspended or should they experience any difficulties causing a lack of participation in the Association activities, can ask to be considered non active for one or more years.

2.  The applications of non activity must be presented in writing to the General Secretariat at least 3 months before the end of the year and will be put to the attention of the next General Assembly.

3. The General Assembly can furthermore decide to consider non active a Member not paying its annual fee for a period of more than 12 months, according to a proposal of the General Secretariat documenting the recession reasons of this lack.

4. The non active Members pay their annual fees in a reduced amount decided by the General Assembly, have no right to vote and are not considered part of the quorum of the General Assembly.

5. The non active Members can ask to become active again through a written request to be sent to the General Secretariat at least 3 months before the end of the year, about which the next General Assembly will decide.

 Article 9 – Dissolution of MEDITERRANEAN HORSERACING UNION

1. The dissolution of MEDITERRANEAN HORSERACING UNION shall be decided by the General Assembly. The decision shall be put on the agenda at the request of the half of the Member Countries and after approval by the Board.

2. The General Assembly shall decide to dissolve MEDITERRANEAN HORSERACING UNION only with the favourable vote of a minimum of two thirds of the present or represented Member Countries.

 Article 10 – References

1.  The terms provided in the articles of this Statute shall be counted by the following rule: day of beginning is not counted and the day of end is counted in the term.

2.  In case of communication by mail, the terms provided for in the articles of this Statute shall start on the day of posting and the date marked on the stamp shall be taken as first reference day.

3.  The financial year and the calendar year shall start on January 1st and end on December 31st of each year.

4.  The official languages of MEDITERRANEAN HORSERACING UNION are French, English and Italian.

 Article 11 – Competent jurisdiction

Any legal dispute involving MEDITERRANEAN HORSERACING UNION shall be settled before the competent jurisdiction in the country where MEDITERRANEAN HORSERACING UNION’s registered office is located.

 

Nice, July 26th 2013