Constitution

§ 1 - NAME AND DOMICILE OF THE ASSOCIATION

  1. The Association is called "International Ultra Triathlon Association" ("IUTA").
  2. It has its domicile in Obertrum am See / Austria.
  3. The foundation of daughter associations is not intended.

§ 2 - FIELD OF ACTIVITY, PURPOSE OF ASSOCIATION

The association, who’s field of activity is not for profit, intends to support the world wide Ultra-Triathlon-Sports. He combines the interest of its athletes and organizers. The association supports sport activities worldwide. He considers the concerns of healthy and handicapped people, as well as women and men alike.


§ 3 - GOODWILL CAPITAL

To achieve the purpose of the constitution serve the following instruments:
  1. mandatory rules for its organizers and athletes
  2. presentation of an annual race calendar
  3. own website and appearance in social media such as "Facebook"
  4. public offer of a world championship and world cup challenge every calendar year
  5. support of organizers with the planning of (new) events and/or inclusion of handicapped athletes (accessibility)
  6. organisation of lectures, meetings and distinctions
  7. fight against fraud such as doping of people and material in cooperation for instance with the national anti-doping-institution
  8. editing publications

§ 4 - MATERIAL CAPITAL

The necessary material means should be gathered by:
  1. admission and membership fees
  2. donations and further benefits such as earnings of sponsors
  3. subventions and promotions
  4. donations, collections, liability and further benefits
  5. portfolio managements (such as interest, further asset income, income from rent and lease)
  6. sponsorings
  7. advertising revenue

§ 5 - APPLICATION OF FUNDS

The capital of the association can only be used for the purposes mentioned in the constitution. The members of the association are not allowed to receive a share of profit and further donations from the funds of the association. When resignation and annulment of the association happens to occur the members can only receive their invested capital and actual value of their assets in kind. None can receive administrative expense by disproportional high refund.


§ 6 - SORTS OF MEMBERSHIP

  1. The members of the association divide in ordinary, extraordinary and honorary members.
  2. Ordinary members are those, who are fully involved in the work of the association, they have active and passive vote. Extraordinary members are those who support the association by their membership fees. Honorary members can be designated for their extraordinary gainings for the association or as an appreciation for their lifetime accomplishments.

§ 7 - ACQUIREMENT OF MEMBERSHIP

  1. All persons (participants of a race) who are there at the event of the race, hold by the IUTA, are automatically members of the association.
  2. The responsible persons of the organisation teams of events, which are held by the IUTA, can become members of the IUTA. The membership is limited with three persons for each organisation team.
  3. The management decides about the acceptance of ordinary and extraordinary members. The acceptance can be refused without giving reasons.
  4. Until formation of the association the temporary acceptance of ordinary and extraordinary members lies within the founders of the association, if there is already a management it lies within them. The membership is active with the formation of the association. If the management is appointed after the formation of the association, the permanent acceptance of ordinary and extraordinary members until then lies within the founders of the association.
  5. The appointment of honorary members only lies within the management.

§ 8 - ENDING OF THE MEMBERSHIP

  1. The membership extinguishs with death, for artificial persons with loss of entity, voluntary exit or exclusion.
  2. The voluntary exit can only occur on the 31st of December of each year. The notice of exit must arrive at the association in written form until the 1st of December. An email is enough. If the notice is delayed, the exit is effective with the next exit date. Therefore the date of disposal at the post office or the date of the email is relevant. The obligation of membership fee extinguishs with the effectiveness of the exit.
  3. The management can exclude a member, if the membership fee is delayed for longer than two months after two demand notes and additional extension of time. The obligation to pay the due payment is upright.
  4. The exclusion of a member of the association can also be decided by the management because of violation of the member rules, dishonorable or damage of the association.
  5. The derecognition of honorary membership can be decided of the management because of the in paragraph 4 named reasons.

§ 9 - RIGHTS AND DUTIES OF THE MEMBERS

  1. The members have the right to participate in all the events of the association held by the management. The right to vote in the general assembly as well as the active and passive vote is right of every member.
  2. The members are obligated to support the interests of the association, and to leave everything undone that damages the reputation of the association and its purpose. The members have to respect the constitution of the association and decisions associates. The ordinary and extraordinary members are obliged to pay the membership fees on time as high as defined by the management.

§ 10 - ASSOCIATES

The associates are the general assembly, the management, the accountant and arbitral tribunal.

§ 11 - GENERAL ASSEMBLY

  1. The ordinary general assembly (member assembly) takes place every four years.
  2. An extraordinary general assembly can take place because of the decision of the management, the ordinary general assembly or because of reasoned request of at least one tenth of the members entitled to vote, or on request of the accountant and takes place within four weeks.
  3. All members have the right to participate, but the right to vote only lies within those members, who accomplished the 16th birthday and who has not lost the right from the general assembly because of neglecting the associations duties, as well as honorably members. Every member can vote personal or because of reasonable prevention electronic. Artificial persons represented by an authorised person.
  4. The calling of the general assembly lies within the management by declaration of the agenda. Every member has to be informed of the calling by the email of the members announced to the association, at least three weeks before the date of the general assembly. Requests to the general assembly has to be send to the management in written form at least two weeks before the date of the general assembly.
  5. The general assembly has a quorum when at least half of the members who are entitled to vote or their representatives are present. If it not has a quorum, it has to be held within 30 minutes, although the quorum is given without consideration of the number of appeared members. Valid decisions – except those of the calling of an extraordinary general assembly – can only be decided within the agenda.
  6. The elections and the resolution in the general assembly occur with ordinary vote majority. Resolutions which change the constitutions or resolve the association need a qualified majority of 2/3 of the given votes.
  7. The chair of the general assembly lies within the chairman, if he is prevented replaced by his representative. If he is also prevented the chair lies within the oldest management member.

§ 12 - DUTIES OF THE GENERAL ASSEMBLY

The following duties are reserved for the general assembly:
  1. Acceptance and approval of statement and balance of accounts.
  2. Resolution of calculation.
  3. Subscription and supersession of members of the management and the accountant.
  4. Easing of the management.
  5. Resolution of changes to the constitution and voluntary liquidation of the association.

§ 13 - MANAGEMENT

  1. The chairman, his delegate, the recording clerk and the treasurer form the management.
  2. The legacy lasts four years, at least as long as a new management is elected. A reelection is possible. Every function of the management has to be administrated personally.
  3. The management is elected by the general assembly. The management has the right to replace a resigned member of the management with an eligible member, afterwards the general assembly has to permit this replacement. If the management is dropped out, even for an unforceable period, every accountant is obliged to call in an extraordinary general assembly immediately to vote a new management. If the accountant is also incapable to act or doesn't exist, every ordinary member, who recognises the emergency, has the right to apply at the court for a curator, who calls in an extraordinary general assembly immediately.
  4. The management has a quorum, when every member is invited and at least half of it is present.
  5. The management is called in by the chairman, or his delegate. If he is also prevented, every other member of the management has the right to call in the management.
  6. The management decides with ordinary majority of votes, the vote of the chairman decides by equality of the votes. The chair of the management lies within the chairman, or his replacement. If he is also prevented, the chair lies within the oldest present management member.
  7. The general assembly has the right to displace the whole management or parts of it. Every supersession enter into force as soon as the new management or member of it is nominated.
  8. The members of the management have the right to step down anytime and have to notify the management in written form. If the whole management steps down, they have to notify the general assembly. The resignation is effective with the election of the replacement.

§ 14 - DUTIES OF THE MANAGEMENT

The lead of the association lies within the management. Every duties that are not to assigned to another member of the institution by the constitution are assigned to the management. In particular the field of activity of the management includes the following agenda:
  1. Closing of accounts.
  2. Preparation of the general assembly.
  3. Call in of the ordinary and extraordinary general assembly.
  4. Administration of association's assets.
  5. Acceptance and exclusion of association members.
  6. Inducement and approval of an expert committee, they can be formed to support the management.
  7. Conduct of necessary cooptations.

§ 15 - SPECIAL OBLIGATIONS OF INDIVIDUAL MANAGEMENT MEMBERS

  1. The external representation of the association facing public authorities or others lies within the chairman. Written documents of the association need the signature of the chairman and recording clerk to be effective. For financial documents the signature of the chairman and the treasurer. The chairman has the chair in the management and the general assembly. If there is imminent danger the chairman has the right to fullfill duties that lies within the general assembly or the management, independent under his responsibility, but these decisions have to be authorised afterward by the responsible association organ.
  2. The recording clerk writes every script or documents of the association and attends to the archive of the association.
  3. The treasurer attends to the proper money performance and is answerable to the association.
  4. In case of prevention the substitute replaces the chairman, recording clerk or treasurer.

§ 16 - ACCOUNTANT

  1. The two accountants are elected by the general assembly for four years, a reelection is possible.
  2. The accountants have to control the ongoing business, verify the management of public finances of the association in view of the correctness of the accounting and appropriate usage of resources. The management have to provide the necessary papers and information. The accountants have to report the outcome of the control to the management.
  3. The assignment, supersession, retirement of the accountants lies under the same regulations as for the management.

§ 17 - ARBITRATION

  1. For reconciliation of conflicts within the association an arbitration has to be formed, and every arguing side has to delegate two representatives. The chair lies within above party lines chairman, that has to be elected from the association members by the representatives of the sides with majority of the votes. The lot decides by equality of the votes.
  2. The resolutions are made in presence of all members with simple majority of the votes. His decisions are final within the association.

§ 18 - LIQUIDATION OF THE ASSOCIATION

  1. The voluntary liquidation of the association can only be decided in an extraordinary general assembly, called in for this purpose with an 2/3 majority of the given valid votes.
  2. The general assembly also have to decide about the assets of the association if existing, and who receives the difference after covering the liabilities. If possible these assets should go to an association, that follows the same or similar purposes as this association, if not to social welfare, charity or charitable organisations.
  3. The last management of the association has to notificate the responsible association agency within four weeks after the resolution about the voluntary liquidation. He is also obligated to proclaim the voluntary liquidation within the same deadline in an official register.