STATUTES AND REGULATIONS
The provincial Association of yachting in Bari, also called “Assonautica provinciale di Bari” , abbreviated “Assonautica Bari”, is a section of the national Assonautica, promoted by the Chamber of Commerce, Industry, Handicraft and Agriculture of Bari and active in the territorial environment of the same Chamber of Commerce of Bari.
The provincial Assonautica Bari, set up in accordance with Article 12 and following the rules of the Italian Civil Code shall be governed by this Statute and not for profit.
The name and logo of Assonautica Bari are a specification of those properties of Assonautica Italia which must adopt all measures for its protection.
The seat of Assonautica Bari is c/o the Chamber of Commerce, Industry, Handicraft and Agriculture of Bari.
The Assembly, as per resolution, has the authority to amend the seat of the Association’s and also to found delegations of Assonautica in Province area.
The duration of “Assonautica provinciale di Bari” lasts until the date of December 31, 2090 and may be extended by resolution of the Assembly.
“Assonautica Bari” at provincial level exercises all the activities necessary for the development of yachting; it promotes nautical tourism and all the related economical, productive and social activities and cooperates with the Chamber of Commerce, Industry, Handicraft and Agriculture of Bari in order to qualify and increase the activity of the sector.
To achieve this goal, Assonautica Bari:
- promotes studies and researches in the field of nautical tourism, recreational boating and activities connected to it, as well as to the shipping industry ;
- promotes the organization of events, fairs and exhibitions for marine products and services for boating, nautical tourism and related activities;
- at local level, it curates and manages activities concerning corporate purposes, relations with local institutions, with trade associations, with bodies representing interests related to the business sectors mentioned in this Statute, with media, with schools and universities, including the distribution, promotion and divulgation of the national Assonautica activities and of the Chamber system, in agreement with the Chambers of Commerce concerned, within the planning guidelines of the Italian Assonautica complying with the local situation;
- promotes professional training in the field of navigation;
- at local level, it organizes every activity useful to increase yachting associations;
- provides maritime services to Sailor Members.
Assonautica Bari, according to the policies and initiatives of Italian Assonautica, nonetheless on the base of the local environment, also directs its activities to:
- promoting operators’ training lists (including skippers and marina managers);
- discuss about legal, administrative, technical, insurance, financial assistance to its members at local level.
Assonautica Bari exercise its powers at local level in executive and managerial autonomy.
Assonautica Bari is also entitled to subscribe with the local Chamber of Commerce, Industry, Handicraft and Agriculture specific agreement for the development of activities connected to the field of nautical tourism, fishing and boating both from the point of view of promotion and of culture, sports and exhibition.
In order to guarantee the necessary flow of information relating to planned initiatives, Assonautica Bari communicates to Italian Assonautica the annual program of activities describing the initiatives that are intended to be accomplished; the final report of the directors and the number of the members.
In order to carry national initiatives which by their nature require cooperation with local structures, Assonautica Bari constitutes a local representative of the Italian Assonautica, as well as an operative seat and, consequently, exercises at local level competencies which are assigned to it, according to a detailed program of actions.
The members of Assonautica Bari are distinguished into founders, supporters and ordinaries.
They are founding members: The Chamber of Commerce, public authorities and those private individuals who have participated in the constitution of the provincial Assonautica and those designated so by the memorandum drawn up by a notary.
Supporting members are those who, in addition to membership dues, act voluntarily extraordinary contributions to the promotion of provincial Assonautica.
Ordinary members are those who pay Association fees only.
The membership fees are not transferable, except for transfers due to death and do not have cash value.
Collective members, in order to be admitted to Assonautica, must submit an application form, accompanied by – if adopted – a copy of their statutes or instruments of incorporation, in order to verify reasons for the lack of conflict or inconsistency between the purpose of the aspiring members of Assonautica Bari.
Individual members are allowed upon written request, with which they agree to all social purposes, and by the payment of a membership fee.
The admission of individual members is determined by the Board of Directors or by the Executive Committee with no obligation to motivate any refusal.
At the time of enrolment, it shall be given to all new members a membership card, provided directly from the Italian Assonautica; cards are not accepted from other sources.
The instructions in the first subparagraph shall not apply to structures of the chamber system, which is enough to pay the dues.
Membership status should be lost:
- by resignation, which shall be notified in writing at least three months before the expiry of the financial year;
- by cancellation, in case of disagreement on the amount of dues or by exclusion due to non-payment of the same fee;
- by exclusion deliberated by the Appeals Board, under request of the Executive Committee, established for reasons of incompatibility or for having violated the statutory dispositions.
Additional regulations approved by the Assembly of Members:
- The deadline for the payment of the annual fee shall be March, 31st of the year of reference.
- Membership status shall automatically expire if the member has not paid the annual fee by the deadline of December,31st of the reference year.
- The outgoing member may apply for readmission after the period of three years from the date of forfeiture.
- The readmission application shall be filled within three years, by corresponding for readmission the unpaid amount from the date of forfeiture until the date of application.
- all members in good standing with the payment of dues to the date of the meeting may participate in meetings.
- It is valid the right to attend the meeting in which the final budget of members in good payment conditions is approved, related to the fee for that budget year, but in the limits of the discussion of this topic.
The followings are necessary bodies of Assonautica Bari:
- the President
- the Assembly of Members
- the Executive Committee
- the Board of Auditors
All bodies hold office for a term of three years, are renewable until a new member is elected.
If the number and the quality of members require a greater articulation of the Governing Bodies, it shall be constituted a Board of Directors, which is arranged – as importance – between the Assembly and the Executive Commitee; it shall also be constituted a Board of Arbitrators.
The assembly is composed of Founding Member, Supporters And Ordinaries that comply with the payment of dues, as specified in the regulation and shall meet in ordinary sessions twice a year, by May, 31st for the approval of the activities carried out during the previous year, and by November, 30th for the approval of the annual work program and budget.
The Assembly shall meet in extraordinary sessions for the approval of the Statute and its amendments or when the Executive Committee considers it appropriate, or as a request is made by at least one third of its members or by the Italian Executive Committee of Assonautica.
In case of impediment of its representative in the Assembly, each member may specify a substitute delegate to represent him. Each substitute cannot be delegated more than twice.
- approves general program of activities;
- elects the President within a list of three names submitted by the Chamber of Commerce, Industry, Handicraft and Agriculture of Bari. At least one member must be chosen among members of the provincial Assonautica, except for arrangements agreed with the local Chamber of Commerce and accepted prior communication of national Assonautica.
- elects members of the Executive Committee, if it is not provided for the Board of Directors, in the manner described in Article 12;
- approves the budget and the final account;
- establishes an annual membership fee for each membership categories;
- approves the annual report of the President on the activity performed;
- approves the Statute and its modifications in extraordinary session;
- approves the regulation proposed by the Board of Directors or by the Executive Committee;
- appoints the Budget Commission;
- may appoint a Board of Arbitrators;
- proposes the dissolution of the Council Chamber;
proposes to the Board the establishment of any Chamber Board of Directors and appoint its members.
In the instance of establishing the Board of Directors, it is appointed by the Assembly, according to the modality prescribed in the guidelines, and is composed of a number of components ranging from a minimum of eight up to fourteen, in addition to the President who presides over it.
It is up to the Council:
- to approve any proposal about budget variations, which does not conclude higher charges for its members, nor determine the reduction of spending on promotional activities;
- to determine the creation, composition and financing of committees and other consultative bodies of the Association working in the various sectors of activity;
- to establish the participation of the Association to other bodies such as cooperatives, consortiums, companies or similar for the management of projects, programs, initiatives, and activities within the institutional purposes of the provincial Assembly;
- to determine the admission of members;
- to appoint the members of the Executive Committee;
- to elect the Vice-President on the proposal of the President.
- If the Board of Directors is not established, all its powers belong to Executive Committee, adding to those given in Article 12.
The President represents the provincial Assonautica to all intents and purposes and adopts in urgent cases the measures of the Executive Committee, except for ratification at the next meeting.
The President elects among its members the Vice President, who is in charge of vicarious functions, involving the replacement, in case of absence or temporary incapacity of the President.
The President may delegate to the Vice-Chairman carrying out specific functions.
The President may entrust to the management of matters within its competence to members of the Executive Committee.
The Executive Committee comprises the President as chairman and a number of components between four and eight appointed by the Assembly.
It is up to the Committee to decide on all matters not attributed to the competence of the Assembly or to the Executive Council and, in particular:
- to prepare the budget by November, 15th and the final account by May, 15th of each year and to propose contingent changes to the budget;
- to determine the realization of programs, projects and initiatives for the implementation of the annual program of activities;
- to determine the date of convocation of the Assembly and to set the agenda;
- to decide on expenditure on contracts and agreements necessary for the operation of the Association;
- to recruit and determine the salary of employees, on the basis of the national collective agreement for employees, of companies in the service sector;
- to appoint the Director, the offices and services of the Association, indicating the seat;
- to dispose, on a proposal of the Director, on all matters relating to personnel management;
- to establish, on a proposal of the Director, the offices and services of the Association, indicating their seat.
It belongs to the Executive Committee all duties set out in the Statute to the Board of Directors, if the body is not instituted.
Meetings of Governing Bodies are validly constituted with the presence of the majority of the members; the Assembly, the Executive Council and the Executive Committee at the second call are validly constituted with the presence of a third of those eligible.
Voting will happen by open vote and resolutions are adopted by a majority of those present when one decides on the regulations and on the dissolution. Resolutions are adopted by a majority of the members, by secret ballot if requested by one-tenth of those present.
In case of a tie, the vote of the President is prevalent.
All collegiate bodies laid down in the preceding articles shall be chaired by the President who shall call the meetings, also by fax or e-mail at least 10 days before the date fixed.
In the case of meetings of the Executive Committee this period may be reduced to 5 days.
Likewise, the notice of convocation shall be posted at the registered office and / or alternatively, the association’s website, if available.
The calling shall contain the agenda, the place and date of the meeting; for the Assembly, for the Board of Directors and for the Executive Committee a first and a second call should be provided.
The secretariat of the Governing Bodies’ functions are disengaged from the Director, if appointed, who shall give effect to of the adopted resolutions.
The report of each meeting shall be approved by the next meeting.
The Bodies must be renewed within one month from the end of the term.
The members of each Governing Body, with the exception of the Assembly, that do not participate in three consecutive meetings without adequate justification shall lapse immediately and shall be renewed within one month of decline, unless you are in the last six months on the mandate of the Organ.
Additional regulations approved by the Shareholders’ meeting:
- All members who have expressed a willingness to apply can be elected as Members Of The Audit, the Board Of Directors or, failing that, the Executive Committee.
- The vote happens by indication, by secret ballot, by each shareholder entitled to vote for a maximum number of preference equal to half (rounded up) of the number of members to be elected.
- The loss of active status, by a member of the governing bodies, will determine his/her simultaneous decline even from the office.
- The renewal, during their terms, of the forfeited or resigned members of the governing bodies, will take place in the same manner provided for the election, during the first shareholders’ meeting and after the forfeiture or resignation of a member / members. If the number of members of a collegial body still in office should be, due to resignation or disqualification, lower than the minimum number of components required by statute, a special meeting of members must be convened within a period of 30 days.
• The members of the governing bodies elected during their terms expire simultaneously with the expiration of the mandate of their organ of origin.
The control of the provincial administration of Assonautica Bari is exercised by the Board of Auditors, which comprises three effective members and two who alternate.
The auditors attend meetings of the Governing Bodies.
The Board of Arbitrators, if established, is composed of three regular members and two alternate members elected by the Assembly and it shall exercise, in addition to the duties provided in Article 6 of the Statute, the functions of arbitration among their own members and the Assonautica, concerning all matters related to the activities in the areas of statutory and social relations.
When the Board is constituted, the Arbitration Board is integrated with a component for each member party to the dispute.
An appeal against the arbitration judgment is permitted by the appeal to the National Board of Arbitration.
The revenues of Assonautica Bari consist of membership fees, voluntary contributions from supporting members, by contributions, bequests, donations, income earned for services rendered and from the proceeds of any other nature.
The Capital is represented by chattels and properties of the Association.
The financial year starts every year on 1st January and ends on 31th December.
Hence the budget provision and the annual activity program, Assonautica Bari distributes its resources in order to save a share for any future initiatives, in collaboration with the Chamber System, based on the general program activity of the Italian Assonautica.
The Assonautica Bari has full administrative and financial autonomy and, therefore, responds through third parties for its obligations, excluding any debt of solidarity with other national and local structures.
The profits or funds, reserves or capital will not be distributed, even indirectly, during the existence of the Association, unless the destination or distribution is required by law.
The Assonautica Bari, by its own organizational autonomy, directional and managerial, is also able to constitute structures shared with other provincial Assonautiche.
The deliberation that decides the dissolution of the Association shall be communicated to the Italian Assonautica, which shall indicate the name of the liquidator and shall determine his/her powers and the obligation to distribute any eventual remaining assets to the Italian Assonautica.
The Assonautica Bari sends to the Italian Assonautica the Statute approved by the Assembly, in order to allow the assessment in accordance with national legislation. This Statute shall come into force from the date of receipt of the opinion of compliance by the Italian Assonautica.
The social Authorities, as established in the Article 7 in office on November, 30th 2013, will expire concurrently with the date of the approval of the final budget for the year 2016, which shall be held before the May, 31st 2017.
The election of the Members Of The Board or, in their absence, of the Executive Committee, in the arrears of the approval of specific regulations, will be as recommended by each member of a number of preferences equal to half (rounded up) of the number of components to be elected.
during its terms The renewal of forfeited or resigned members of the governing bodies (except the Chairman) shall be in the manner indicated in the specific rules or, by failing that, by co-option indicating a majority of the remaining members of the same body they belong to.
The right of participation for Assembly members, with lack of specific regulations, is attributed to members in good standing with the payment of dues for the year prior to the date of the Meeting.