COMBINED COMET CLASS ASSOCIATION CONSTITUTION
SECTION 1 – NAME AND OBJECTS
- The name of the National Association shall be ‘The Combined Comet Class Association’.
- The National Association is formed to:
- Promote and develop the activities of the Comet Classes as listed in Schedule 1.
- Represent the interests of owners of Comet Class boats.
- Promote the exchange of information amongst sailors of all the Comet Classes to enhance the enjoyment of these boats.
- Ensure that Championships of the Comet Classes are held in appropriate locations and to proper standards, oversee such events and co-ordinate the programme for other races and events.
- Promulgate and review the Rules of each of the Comet Classes.
- Promote the maintenance of the one-design character of each of the Comet Classes
SECTION 2 – TERMS AND DEFINITIONS
- The following expressions shall have the associated meanings: –
- “The Comet Classes” shall mean the classes of sailing boat detailed at Schedule 1, namely the Comet Trio, Comet Versa, Comet Duo and Comet Zero.
- “The Class Rules” shall mean the Class Rules adopted by the Combined Comet Class Association for each of the Comet Classes.
- “The Committee” shall mean the Committee of the National Association, consisting of elected committee members.
- “Measurement Certificate” shall mean a certificate issued by the builder which records: –
- The Sail Number and initial ownership of a Comet Classes boat and any changes in ownership.
- The fact that such Comet Classes boat originally complied with the Class Rules on completion of construction, together with such particulars as may be required by the Class Rules.
- “The National Association” shall mean the Combined Comet Class Association.
- “The National Association Register” shall mean the register of owners of Comet Classes boats with their contact details and sail number of boat.
- “The National Association Constitution” shall mean these rules governing the conduct of the National Association.
- “The National Class Secretary” shall mean the duly elected Honorary Secretary of the National Association.
- “Owner” and “Joint Owner” shall mean any person or persons, corporation or association entered on a certificate as owner or joint owner of a Comet Classes boat.
SECTION 3 – OFFICERS
Officers of the National Association
- The Officers of the National Association shall be Full Members of the National Association and shall consist of a Chairman, an Honorary Secretary and an Honorary Treasurer.
- Officers shall be elected at the Annual General Meeting in each year and shall hold office for one year, retiring at the termination of the Annual General Meeting in each year. All Officers of the National Association shall be eligible for re-election.
Duties of Officers
- The Chairman shall: –
- Chair all meetings at which he is present.
- The Honorary Secretary shall: –
- Keep the National Association Register;
- Keep a register of National Association members’ names and contact details;
- Conduct the correspondence of the National Association;
- Keep custody of all National Association documents;
- Keep full minutes of all meetings of the National Association and the Committee, which shall be confirmed and signed by the Chairman upon the agreement of the National Association or the Committee at the next following meeting of the National Association or the Committee, as appropriate;
- Administer such insurance policy or policies as may be needed to fully protect the interests of the National Association, its Officers and its members;
- Communicate the decisions of the Committee to members of the National Association, and, when directed by the Committee, non-members of the National Association.
- Maintain any such certificates or registrations, and complete any such non-financial returns, as may be required by law.
- The Honorary Treasurer shall: –
- Cause such books of account to be kept as are necessary to give a true and fair view of the state of finances of the National Association.
- Cause all returns as may be required by law in relation to such accounts to be rendered at the due time.
- Make such payments on behalf of the National Association as the Committee shall direct.
- Prepare an annual financial statement each year and cause such financial statement to be reviewed at least once annually and shall thereafter cause the same to be sent to all members of the National Association at least fourteen days before the date of the Annual General Meeting
- Present the annual financial statement to the National Association at its Annual General Meeting.
SECTION 4 – MEMBERSHIP
Categories and votes of membership
- There shall be the following categories of membership with power to vote at all meetings of the National Association as indicated hereunder.
- A FULL MEMBER – any owner of a Comet Classes boat or, in the case of joint owners, to any one of them or, in the case of a corporation or association, to a nominated representative thereof, who shall have one vote. Full Members may only vote on rules changes which affect the class of boat which they own.
- AN ASSOCIATE MEMBER – any joint owner of a Comet Classes boat not being a full member or any individual or Clubs interested in the Comet Classes, who shall be entitled to attend and speak at any general meeting of the National Association but who shall have no vote.
- AN HONORARY MEMBER – any person having an interest in the National Association in the United Kingdom who is proposed by a Full Member and seconded by at least one member of the Committee and is elected by the National Association at any general meeting of the National Association, who shall be entitled to attend and speak at any general meeting of the National Association but who shall have no vote.
Membership Subscription Fee
- The rate of an annual Subscription Fee for each category of membership of the National Association shall be proposed by the Committee to the members at the Annual General Meeting in each year. Any proposed changes shall be approved by a majority of those present and entitled to vote and shall become operative on the first day of January in the year following.
- All members shall pay their first annual Subscription Fee upon election to the National Association and thereafter on the first day of January in each year. Provided that a member elected after the first day of September in any year shall not be required to pay any Subscription Fee in respect of the year of election, but shall pay, on election, the annual Subscription Fee in respect of the year following election.
Members’ Duty to Provide a Current Address
- Every member shall furnish the Honorary Secretary with a current e-mail address which shall be recorded in the register of members of the National Association and any notice sent to such e-mail address as shall be deemed to have been duly delivered.
Application for Membership
- An application for membership shall be in the form from time to time prescribed by the Committee, and shall include the name and e-mail address of the candidate and, in the case of Honorary Members, the signatures of the Proposer and the Seconder.
Election of Members
- The election of all classes of members is vested in the Committee and shall be a simple majority vote of those of the Committee. The Honorary Secretary shall inform each candidate in writing of the candidate’s election or non-election. He shall furnish an elected candidate with a copy of this constitution and make request for such payments as are necessary.
Payment of Fees upon Election
- Upon election, a candidate shall pay, within one calendar month, such Subscription Fee as shall be required. In default of such payment, the election shall be void unless sufficient cause for delay be shown.
Arrears of Subscription
- The Committee may cancel, without notice being given, the membership of any member whose annual subscription fees are more than three months in arrears provided that the Committee may, at its discretion, re-instate such member upon payment of arrears. No member whose annual payment is in arrears may enter any National Association event or regatta or vote at any meeting.
Conduct of Members
Under-taking by Members to Comply with Rules
- Every member, upon election and thereafter, is deemed to have notice of, and impliedly undertakes to comply with, the rules contained within this National Association Constitution.
Disciplinary action against members
- Any breach of Rule 17 or any conduct which, in the opinion of the Committee, is either unworthy of a member or otherwise injurious to the interests of the National Association, shall render a member liable to disciplinary action by the Committee, which may include expulsion or suspension of membership. Before taking such disciplinary action against a member, the Committee shall call upon such member for a written explanation of the member’s conduct and shall give the member full opportunity of making explanation to the Committee, or of resigning. A Resolution to apply any sanction shall be carried by a simple majority vote by those members of the Committee present and voting on the Resolution. Appeal against expulsion or non-renewal of membership may be made to the members in general meeting. Upon expulsion the former member shall not be entitled to have any part of the annual membership fee refunded and must return any National Association or external body’s trophies held forthwith.
Damage to National Association property
- A member shall not knowingly remove, injure, destroy or damage any property of the National Association and shall make restitution for the same if called upon to do so by the Committee or by the Honorary Secretary upon the instructions of the Committee.
SECTION 5 – MANAGEMENT COMMITTEE
Constitution of Committee
- The affairs of the National Association shall be managed by the Committee. The Committee shall consist of the Officers and not less than four nor more than eight Full Members (who have attained the age of eighteen years) elected at the Annual General Meeting each year to hold office until the termination of the next following Annual General Meeting.
- The management committee shall normally consist of:
- Chairman
- Honorary Secretary
- Honorary Treasurer
- Trio Captain
- Versa Captain
- Duo Captain
- Zero Captain
- Webmaster
- Cruising Secretary
- The Chairman may invite other Full Members of the National Association or a Copyright Holder or Licensed Builder to attend all or part of a management committee meeting if appropriate.
Retirement of Officers of the National Association
- Any retiring officer shall be eligible for re-election provided that he has not served more than eight consecutive years in that office.
Candidates for Election to Committee
- Candidates for election to the Committee (not being Officers of the National Association) shall be those members of the retiring Committee eligible to offer themselves for re-election and such other Full Members whose nominations (duly proposed and seconded by Full Members of the National Association) with their consent shall have been received by the Honorary Secretary at least seven days before the date of the Annual General Meeting in each year.
Election of Committee by Ballot
- If the number of candidates for election is greater than the number of vacancies to be filled then there shall be a ballot, or electronic poll or other method proposed by the Chairman.
No contest for Election
- If the number of candidates for election is equal to or less than the number of vacancies to be filled then all candidates shall be deemed to be elected if two thirds of those present at the Annual General Meeting, and entitled to vote, vote in favour of such election.
- In the event of the ballot failing to determine the members of the Committee because of an equality of votes the candidate or candidates to be elected from those having an equal number of votes shall be determined by lot.
Casual Vacancy
- If, for any reason, a casual vacancy shall occur, the Committee may co-opt a Full Member to fill such a vacancy until the next following Annual General Meeting.
Committee Meetings
- The Committee shall meet on such occasions as decided by the Chairman or by previous meetings of the Committee. The Chairman or in his absence a chairman elected by those present shall preside. The Committee shall determine whether committee meetings are to be held as an electronic meeting as well as or instead of a physical meeting. The Committee may call such meetings at such a place (including electronic platforms) they see fit. The Secretary shall give at least 14 days’ notice of such meetings specifying whether the meeting shall be an electronic meeting in addition to or instead of the physical meeting.
Voting at Committee
- Voting shall be by show of hands. In the case of equality of votes the Chairman shall have a second and casting vote.
Quorum
- Four members personally present shall form a quorum at a meeting of the Committee.
Management of National Association by Committee
- The Committee shall manage the affairs of the National Association according to the National Association Constitution.
Funding
- The National Association shall be funded by:
- Fees payable by members.
- A share of the Entrance Fees to events negotiated between the management committee and the organisers of the event.
- Sponsorship and any other revenue negotiated and accepted by the management committee.
Spending
- The funds of the National Association shall be applied solely to the objects of the National Association or for a benevolent or charitable purpose nominated by the National Association in general meeting. This shall include:
- Administrative expenses
- Prizes at National and Inland Championships within the limits of items 33b and 33c
Appointment of sub-committees
- The Committee may appoint such sub-committees as it may deem necessary and may delegate such of its powers as it may think fit upon such terms and conditions as shall be deemed expedient and/or required by the law. Such sub-committees shall consist of such members of the Committee or of the National Association as the Committees may think fit. Officers of the National Association shall be ex officio members of all such sub-committees.
Disclosure of Interest to Third Parties
- A member of the Committee, of a sub-committee or any officer of the National Association, in transacting business for the National Association, shall disclose to third parties that he is so acting.
Limitation of Member’s Liability
- The Committee, or any person or sub-committee delegated by the Committee to act as agent for the National Association or its members, shall enter into contract only as far as expressly authorised, or authorised by implication, by the members. No one shall, without the express authority of the membership in general meeting, pledge the credit of the membership.
Members Indemnification of Committee
- In pursuance of the authority vested in the Committee by members of the National Association, members of the Committee are entitled to be indemnified by the members of the National Association against any liabilities properly incurred by them or any one of them on behalf of the National Association wherever the contract is of a duly authorised nature or could be assumed to be of a duly authorised nature and entered into on behalf of the National Association. The limit of any individual member’s indemnity in this respect shall be a sum equal to one year’s subscription at the then current rate of that category of membership unless the Committee has been authorised to exceed such limit by a general meeting of the National Association.
SECTION 6 – MEETINGS OF THE NATIONAL ASSOCIATION
Annual General Meeting
- An Annual General Meeting of the National Association shall be held annually and at least every 18 months on a date to be fixed by the Committee. The Honorary Secretary shall at least twenty-eight days before the date of such meeting deliver to each member via e-mail notice of the meeting and of the business to be brought forward at the meeting by the Committee. The Committee shall determine whether a general meeting is to be held as an electronic general meeting as well as or instead of a physical general meeting. The Committee may call general meetings at such a place (including electronic platforms) they see fit. The notice shall specify whether the meeting shall be an electronic general meeting in addition to or instead of the physical general meeting.
Business at Annual General Meeting
- No business, except the passing of the Accounts and the election of the Officers, and Committee, and any business that the Committee may order to be inserted in the notice convening the meeting shall be discussed at such meeting unless the motion to be put to a General Meeting shall be proposed by two full members and shall be submitted to the Honorary Secretary at least fourteen days before the date of the Annual General Meeting. The Honorary Secretary shall, if necessary, deliver to each member via e-mail notice of this additional business at least 7 days before the meeting.
Special General Meeting
- The Committee may at any time, upon giving twenty-eight days’ notice in writing, call a Special General Meeting of the National Association for any special business, the nature of which shall be stated in the summons convening the meeting, and the discussion at such meeting shall be confined to the business stated in the notice sent to members.
Special General Meeting upon Request of Members
- The Committee shall call a Special General Meeting upon a written request addressed to the Honorary Secretary by at least fifteen members. The Committee shall give twenty-eight days’ notice in writing of any such Special General Meeting. The discussion at such meeting shall be confined to the business stated in the notice sent to members.
Chairman at Meetings
- At every meeting of the National Association the Chairman (or, in their absence, a chairman elected by those present) shall preside.
Quorum at Meetings
- Fifteen members entitled to vote (see para 9a) and personally present shall form a quorum at any meeting of the National Association.
Voting at Meetings
- Voting, except upon the election of members of the Committee, shall be by show of hands.
Equality of Votes
- In the case of an equality of votes the Chairman shall have a second or casting vote, on any matter other than the election of members of the Committee.
One Design Protection of the Comet Classes
- The Copyright Holder and Licensed Builder provided the original Class Rules for each of the Comet Classes. The Combined Comet Class Association has adopted and administers these Class Rules, some of which have been amended over time with the agreement of the Copyright Holder and Licensed Builder.
- On any resolution properly put to a meeting of the National Association relating to the creation, repeal or amendment of any Class Rule, such resolution shall not be adopted except when both the following conditions are met:
- A majority vote of at least two-thirds of those present and entitled to vote.
- Agreement of the relevant Copyright Holder and Licensed Builder.
SECTION 7 – DISSOLUTION OF THE NATIONAL ASSOCIATION
Dissolution of the National Association
47. If, upon the winding up or dissolution of the National Association, there remains after the satisfaction of all its debts and liabilities any property whatsoever, the same shall not be paid to or distributed amongst the members of the National Association. The Committee shall dispose of the net assets remaining to one or more of the following:
- to another organisation with similar sports purposes which is a charity and/or
- to the sport’s national governing body for use by it for related community sports.
SCHEDULE 1
Adopted Classes
Class | Designer | Copyright Holder | Licenced Builder |
Comet Zero | Andrew Simmons | Andrew Simmons | Comet Dinghies |
Comet Versa | Andrew Simmons | Andrew Simmons | Comet Dinghies |
Comet Trio | Phil Morrison | Phil Morrison | Peak Dinghies Spares Ltd |
Comet Duo | Andrew Simmons | Andrew Simmons | Comet Dinghies |