FENCING CONFEDERATION OF ASIA
Constitution of the
Fencing Confederation of Asia
(Amended as of August 2007)
Article 1. Name
The name of this organization is the “Fencing Confederation of Asia” (hereinafter referred to as “FCA”). The FCA name was adopted during the General Assembly meeting of the Asian Fencing Confederation held in Nantong China on August 2007.
Article 2. Objectives
The objectives for which the FCA is established are:
(a) To promote and develop the sport of fencing in Asia .
(b) To form and stimulate international opinion in favor of providing proper and better fencing facilities in Asia .
(c) To organize, hold, and arrange competitions in fencing whether they be regional or global in character and offer, grant, or contribute towards the provision of prizes, awards, and distinctions.
(d) To organize, hold, and arrange coaching, presiding, and training courses within Asia and where appropriate, in conjunction with the International Fencing Federation (FIE).
(e) To co-ordinate fencing activities within Asia and to co-operate with existing national/territorial fencing bodies within the Region as well as the FIE.
(f) To offer financial, administrative, and technical support to existing national/territorial fencing bodies where necessary and possible.
(g) To approve and enforce uniform policies and rules for the encouragement and regulation of the sport of fencing in Asia and to deal with any infringements thereof; and to reconcile or arbitrate in differences which may arise among national/territorial fencing bodies.
(h) To foster the spirit of the Olympic Movement that is friendship among
people by means of sport without any discrimination.
(i) To do all such other lawful things as are incidental or conducive to the attainment of the above objects.
Article 3. Membership
1. The FCA shall consist of, as members, such fencing associations or federations as are duly recognized by their national/territorial Olympic Committees or equivalent, whose application in writing have been approved by a two-thirds majority of the General Assembly present and voting.
2. No association or federation shall be admitted as member unless it has satisfied the General Assembly that it is properly constituted and that its affairs are conducted in a satisfactory manner.
3. If, in the opinion of the General Assembly, any member has infringed any
rules of the FCA or decision of the General Assembly or that its conduct is considered injurious to the character or interests of the FCA, the General Assembly shall have power by a two-thirds majority of those present and voting to suspend or cancel its membership after due enquiry.
4. A member that is either under enquiry or that has initiated a complaint shall not act as a member at any meeting held to investigate the case concerned except for the sole purpose of giving testimony relating to the case or otherwise directed by the General Assembly to do so.
5. By joining the FCA, a member shall agree to abide by all provisions of the Constitution and rules for the time being in force. A member shall also assist in enforcing all decisions of the General Assembly.
6. A member may withdraw from the FCA by giving notice in writing to the Secretary General.
7. The General Assembly by a two-thirds majority, present and voting, may confer honorary membership, offices, or titles on such persons who have rendered signal service to the sport of fencing or the FCA. They shall pay no dues nor have the right to vote, unless holding office, or except as representatives of affiliated associations or federations.
8. A past President of the FCA shall be conferred the title of Honorary Chairman. He shall hold office until the position is taken over by the next past president of the FCA. He shall have the right to attend all meetings of the FCA but shall pay no dues nor have the right to vote.
Article 4. Subscriptions
1. The annual subscription for members shall be fixed from time to time by the General Assembly. The first payment shall be made upon admission and thereafter on the first day of January in each year. Failure to pay dues as prescribed may deprive the member of the right of representation and participation in official events of the FCA at the discretion of the General Assembly and, if continued for a period of three consecutive years, shall operate as a loss of membership.
2. Payment of annual subscription may be delayed or waived in whole or part with the agreement of the General Assembly by a two-thirds majority present and voting.
3. Subscriptions are not refundable for reasons of suspension, cancellation, or withdrawal of membership. However, the General Assembly shall have the power to waive this rule under very special circumstances.
Article 5. Organization and Administration
1. The FCA shall be organized and administered by a General Assembly consisting of an Executive Committee and a representative member from each affiliated association or federation.
2. The administration and day-to-day running of the FCA shall be vested upon
the Executive Committee consisting of two nominated and nine elected officers, the latter nine shall be elected from nine different affiliated associations or federations at the Election Meeting of the FCA once every
four years.
3. The two nominated members may be appointed personally by the President and they shall hold the position of Vice President. One shall assist the President in the execution of the duties of his office and the other one shall be from the hosting nation/territory of the upcoming Asian Games.
4. The nine elected officers of the FCA are: President, First Vice President, Second Vice President, Secretary General, Treasurer, and Members (four). Once elected, all these nine elected officers and the two nominated officers shall hold office until the next Election Meeting which shall co-inside with the year in which the Summer Olympic Games are held.
5. If any vacancy shall occur in the Executive Committee, the General Assembly shall elect by a two-thirds majority, present and voting, such member as they deem fit to fill the office so vacant until the next Election Meeting.
6. No less than six months prior to the Election Meeting for the FCA, the Secretary General shall call for nominations by circulation of a notice to all members. All nominations shall be returned to the Secretary General no later than two months from the date of the Election Meeting.
7. Nomination for any office in the Executive Committee shall be made in writing by an affiliated association or federation whose subscription has been paid for the current year unless special concession has been granted under Article 4(2). Each nomination must be supported by the candidate's written consent. It is stipulated that for each individual office, only one nomination from each affiliated association or federation shall be accepted.
8. The General Assembly may from time to time appoint such Commissions consisting of such members of the FCA for such purposes and with such powers and authority as the General Assembly may deem desirable to assist the Executive Committee in carrying out the business of the FCA.
9. The Executive Committee members may appoint assistants from their own organizations to help them in carrying out the work of the FCA. These assistants may be admitted to any meeting of the FCA at the discretion of the Chairman of the meeting. They may take part in the deliberations if invited to do so by the Chairman but shall not propose or second a motion or vote on any issue.
10. All acts done by the General Assembly or of a Commission, or by a member acting as a member of the General Assembly or Commission, shall, not withstanding that it be afterwards discovered that there was some defect or irregularity in the status or appointment of any such member of the General Assembly or Commission or persons acting as aforesaid, or that they or any of them were disqualified, be as valid as if every such person had been duly appointed and was qualified to be a member of such General Assembly or Commission.
Article 6. Elections and other Meetings
1. An Election Meeting of the FCA shall be held once every four years for the purpose of the election of Executive Committee Members, of adopting the FCA's accounts and receiving any reports, and of transacting any other business on the agenda. Election Meetings are to be held during the year of the Summer Olympic Games and preferably at the City where a major Asian fencing championship is held. Agenda of Election Meetings are to be circulated no less than one month before the date of the Meeting and only matters listed on the agenda shall be discussed. Eleven members or fifty percent of affiliated members whichever is less shall form a quorum.
2. General Assemblies are normally held during major Asian fencing events to conduct business of the FCA. Agenda of General Assemblies are to be circulated at least two weeks before the date of the meeting. Eleven members or fifty percent of affiliated members whichever is less shall form a quorum.
3.
Executive Committee Meetings and other Commission Meetings are held as and when required.
4. The Executive Committee may convene an Extraordinary General Meeting of the FCA specifying in the notice the objects for which the meeting is called and no business other than that of which notice has been given shall be put forward at such meeting.
5. The Executive Committee shall call an Extraordinary General Meeting
– EGM – upon the written requisition of four members or one quarter of the total membership of the FCA whichever is less. The requisition together with the notice calling the meeting shall be sent to all members three months before the date of the EGM. The Executive Committee shall advise all members of the requisition, within one month from the receipt of the requisition. Eleven members or fifty percent of affiliated members whichever is less shall form a quorum and only matters specified in the notice shall be put forward at the EGM.
6. The President shall take the chair at all General Assemblies and Election Meetings and the First Vice President shall substitute in his absence. The Second Vice President shall substitute the First Vice President if the latter is also absent. Should all three be absent fifteen minutes after the appointed hour, the meeting shall elect a Chairman from their own number.
Article 7. Votes
1. No voting by proxy is allowed at any meeting of the FCA or of the Commissions.
2. Nominated representatives are only entitled to vote if the association or federation whom they represent enjoy voting rights on the basis of one vote per association or federation.
3. In addition to his own vote, the Chairman of any meeting of the FCA shall have a second or casting vote in case of a tie in the voting.
4. Unless otherwise specified in this Constitution, voting on all motions at FCA meetings shall require a simple majority of those present and voting.
5. Voting on all motions shall be by a show of hands unless a secret ballot is demanded by no less than two members represented at the meeting.
6. It is stipulated that any association or federation that has not paid its annual dues as prescribed shall have no voting rights at any General Assembly or Election Meeting of the FCA unless special concession has been granted by the General Assembly under Article 4(2).
Article 8. Minutes
1. The Executive Committee shall cause minutes to be kept of the proceedings and resolutions of all meetings including Commission meetings.
2. Any such minutes of a meeting of the General Assembly, the Executive Committee, or any Commission or of any Election or Extraordinary General Meetings of the FCA, if purported to be signed by the Chairman of such meeting, or by the Chairman of the next succeeding meeting, shall be accepted as prima facie evidence of the matters stated in such minutes.
Article 9. Funds
1. Funds of the FCA shall be applied solely towards the promotion of the objects of the FCA.
2. The Treasurer shall cause true accounts to be kept of the moneys received and expended, and of the assets and liabilities of the FCA. The accounts shall be made up to and closed on the 31 st day of December in each year and a Balance Sheet containing a summary of the assets and liabilities of the FCA shall be endorsed by the President, the Treasurer and one other member of the of the Executive Committee before the last day in April on the following year.
3. The President and Treasurer shall be responsible for receiving all subscriptions, amounts due on bills and all other moneys coming to the FCA. Their receipts shall be the only discharge and he shall pay into a bank, to be named by the Executive Committee, all moneys received by them.
4. All withdrawals from the FCA account may be signed singly by the President and the Treasurer, provided each withdrawal is approved jointly by one other Executive Committee member. All transactions shall be properly recorded, consolidated and reported by the Treasurer to the General Assembly.
5. Other than expenditure directly connected with the day to day running of the FCA, funds of the FCA will not be expended without the approval of the Executive Committee.
Article 10. Amendments to the Constitution
1. The Constitution of the FCA shall not be amended, altered or varied, nor shall additions be made thereto except at a General Assembly or EGM, and by a two-thirds majority of those present and voting.
2. Proposed amendments, which must be seconded, shall be presented to the Secretary General in writing. The Secretary General shall circulate the proposed amendments to all members for comments within one month upon the receipt of the proposals.
3. Unless agreed otherwise by the proponent, the Secretary General shall call a General Assembly or EGM to discuss and decide or the proposed amendments within twelve months upon the receipt of the proposals.
4. Notices on General Assemblies or EGM concerning changes to the Constitution must be circulated to all members at least three months before the date of meeting.
Aritcle 11. Duties of Members of the Executive Committee
1. President
(a) He is the leader of the Confederation responsible for conducting and coordinating all affairs of the FCA in accordance with its Constitution.
(b) To convene, hold, and chair meetings of the FCA as required.
(c) To attend international meetings and conferences on behalf of the FCA and to establish and maintain liaison with international organizations.
(d) To handle important correspondence.
(e) To be the spokesman of the FCA.
2. Secretary General
(a) To maintain a filing system and keep proper files of the FCA
(b) To maintain and up-date a record of all members of the FCA
(c) To arrange venues for meetings
(d) To prepare and circulate notices and minutes of meetings
(e) To handle general correspondence of the FCA
(f) To perform any other duties as requested by the President
3. Treasurer
(a) To keep proper accounts and other financial records of the FCA
(b) To prepare budgets for the FCA
(c) To monitor income and expenditures of the FCA and to make financial reports to the General Assembly
4. Vice Presidents and Members
To perform such duties as requested by the President or the General Assembly
Article 12. General
1. The rules and regulations of the International Olympic Committee (IOC), and the Olympic Council of Asia (OCA), shall apply where no provision has been made in the AFC's Constitution to comply with the requirements of these international organizations.
2. All matters not specifically provided for by the rules and regulations of the IOC, the OCA and the FCA Constitution, and any questions as to the interpretation of the FCA Constitution shall be left to the FCA General Assembly whose decision shall be final and conclusive.
3. Unless otherwise specified, motions at meeting without due notice having been given shall not be discussed without the sanction of the Chairman and majority of the representatives present and voting, and any decision thus taken shall be binding on all members whether represented or not at the meeting.
4. Without prejudice to the Constitution of the FCA, important matters requiring urgent decisions may be conducted among members of the Executive Committee through written correspondence. Matters resolved by written consent shall be submitted to the next General Assembly for confirmation.
5. The FCA can be dissolved by resolution at a General Assembly or EGM passed by a two-thirds majority of those present and voting. Upon dissolution, any remaining funds of the FCA shall be equally divided among paid up members of the FCA.
6. The official language of the FCA shall be English.