Constitution

  • Updated following World Council approval of 15 December 2018, in force since 16 December 2018.

1         NAME

1.1      The name of the Association shall be the “International Formula 18 Class Association” (“IF18CA”).

2         OBJECTS

2.1      The objects of the IF18CA are:
(a)       to promote and develop Formula 18 class racing under uniform rules throughout the world; and
(b)       to provide a structure for class management and for the exchange of information among Formula 18 sailors to enhance the enjoyment of these catamaran sailboats.

2.2      In furtherance of other events with international participation the IF18CA will:
(a)       encourage the formation of National Formula 18 Class Associations in all countries where boats are raced;
(b)       ensure that World and Continental Championships are held in appropriate locations and to proper standards, and shall oversee such events;
(c)       approve other events of International impact on the Formula 18 Class and ensure they are held to proper standards; and
(d)       promulgate and review the Class Rules, maintaining the level rating character and restricted development character of the Formula 18 Class.

3         MEMBERSHIP

3.1      Every member in good standing of a National Class Association, which is also in good standing with the World Council (a “member NCA” or “NCA”), shall be a member of the IF18CA. The Council may, by by-law, authorise persons who are permanent resident of a country without an NCA to be members of the IF18CA upon such terms and conditions as the Council determine except that any individual member be assigned an existing NCA to represent them.

4         ELIGIBIITY

4.1      Any country may, upon application to the Secretary General of the World Council, be granted a charter as an NCA provided it satisfies the following requirements of membership to the World Council:
(a)       that it has formed a duly constituted National Class Association, recognised by their country’s National Authority, for the development of racing Formula 18s within the country;
(b)       that there are not less than (4) four members registered in that country;
(c)       that it has a duly elected committee, including such officers as it shall determine necessary and requisite; and
(d)       that there is no other National Class Association in their country already accredited to the World Council.

5         NATIONAL APPLICATIONS FOR WORLD COUNCIL CHARTER

5.1      Each application to the Secretary General of the World Council for a charter shall include a copy of their Class Association Rules, together with a current list of the members of that Class Association and the Formula 18s registered within that Class Association.

5.2      NCAs shall appoint a council member who shall be the only official channel of communication with the World Council and whose address will be the official address of that NCA until the Secretary General is advised, in writing, by that NCA of any change of council member and/or address.

5.3      Each application shall be accompanied by a registration fee in such amount as shall from time to time be fixed by the by-laws enacted by the World Council in accordance with the provisions of this Constitution.

5.4      The members of the World Council shall be bound by this Constitution, and duly enacted amendments thereto and shall comply with all resolutions and regulations made in accordance with this Constitution. NCAs shall use their best endeavours to ensure that individual members also comply with such resolutions and directions.

5.5      A member shall cease to be a member:
i) during any period after three (3) months of the payment due date in respect of which it or he has not paid its or his subscription or other monies due to the World Council or
ii) upon receipt of notice of its or his resignation by the Executive Committee.
Such membership may be renewed with immediate effect by payment of outstanding dues or other monies owing to the World Council.

6         GOVERNANCE

6.1      The IF18CA shall be governed by its World Council and its property shall be managed and administered on an ongoing basis by its Executive Committee in accordance with:
(a)       the provisions of this Constitution and any Regulations passed under this Constitution;
(b)       any policies for the operation of the IF18CA determined by the World Council; or
(c)       any directives or guidelines established by the World Council.

7         WORLD COUNCIL

7.1      The World Council shall consist of the members of the Executive Committee and of one representative of each NCA.

7.2      A meeting of the World Council (the “Annual Meeting”) shall be held annually in such place and time as the Executive Committee may consider most convenient to the majority of the members.  This meeting shall:
(a)       receive the result of absentee ballots by written electronic communication or post;
(b)       receive from the Executive Committee, and approve, a statement of accounts for the preceding accounting year, forecast accounts for the current year, and a budget for the next year; and
(c)       receive and decide on resolutions submitted in accordance with 7.4.

7.3      A special meeting of the World Council shall be called by the Secretary General, and can be held by way of collecting ballots by written electronic communication or post:
(a)       if the Executive Committee so resolves and in accordance with that resolution; or
(b)       forthwith upon (but not less than six (6) weeks after) receiving the written request of not less than 40% of the NCAs (which request shall also specify any resolution which the members concerned wish to propose at the meeting).

7.4      Resolutions to the World Council shall only be submitted by an NCA or a member of the World Council.

7.5      At least four (4) weeks written notice shall be given of any World Council meeting by the Secretary General to the members of the World Council, together with a copy of the agenda for the meeting and of any resolutions which are to be proposed at the meeting.  The Secretary General shall give such notice of (and only of) such resolutions as have been specified to him in writing six (6) weeks before the meeting at which they are to be proposed.

7.6      The chairman at meetings of the World Council shall be the President, or in his absence, the Vice-President.  If neither the President or the Vice-President are present, the meeting shall elect a chairman.

7.7      Nominations for Officers may only be made by an NCA except as provided by 7.8.

7.8      Nominations for the Officers standing for election must be received in writing by the Secretary General six (6) weeks before the annual meeting of the World Council, provided that if there are not nominations for all the available posts the outgoing Executive Committee may make such additional nominations as are necessary in order to fill all available posts.

7.9      At any World Council meeting only resolutions of which notice has been given in accordance with this Constitution may be proposed and no amendments thereto shall be permitted, unless the amendment is accepted by the proposers of the resolution.

7.10    Proposals for amending the Constitution and Class Rules shall be by Special Resolution to a meeting of the World Council.

7.11    Only NCAs and the members of the Executive Committee shall be entitled to vote at a meeting of the World Council.  The number of votes to be cast by NCAs in any ballot in meetings of the World Council shall be in accordance with the number of members of such NCA as per 12.3 and subject to 5.5. Votes are allotted per ten (10) members, with a minimum of four (4) members required.

Each member of the Executive Committee shall have one vote, except that the President or acting chairman of the meeting shall only have a vote in the event of a tied vote.

7.12    Voting at World Council meetings shall (unless otherwise stated by this Constitution) be by simple majority of the votes cast.  In the event of a tied vote the chairman of the meeting shall have a casting vote.

7.13    The quorum at World Council meetings shall be 40% of the NCAs, represented in person, by absentee ballot or by proxy, who shall be from at least two Continents and who are entitled to vote at the meetings.

7.14    An NCA may not vote more than two (2) proxies.

7.15    A Special Resolution shall be passed only if 2/3rds or more of the votes cast are in its favour.

8         OFFICERS

8.1      The World Council of the IF18CA shall have the following officers (the “Officers”):
(a)       President
(b)       Vice President
(c)       Secretary General
(d)       Treasurer
(e)       Chairman of Technical Committee

8.2      Each Officer shall be a member of the IF18CA or of one of its NCAs, and be elected by the World Council by postal ballot or written electronic communication for a term of three (3) years.  Any retiring officer shall be eligible for re-election, with no fixed limit to the period of office.

8.3      The World Council may pass regulations to provide for the method of election of all Officers.

8.4      An Officer cannot combine the role of representative of an NCA.

8.5      In the event of the absence or vacancy of the position of Secretary General the Vice-President shall fulfil all the obligations and duties of the Secretary General.

8.6      No person who is a member of or employed by a commercial undertaking involved with the IF18CA may be elected to any office within the IF18CA.

9         THE EXECUTIVE COMMITTEE

9.1      The Executive Committee shall consist of the following:
(a)       President
(b)       Vice President
(c)       Secretary General
(d)       Treasurer
(e)       Chairman of the Technical Committee

9.2      Each member of the Executive Committee shall have only one vote except that in the event of a tied vote the President or acting chairman shall have a casting vote.

9.3      In the event that vacancies shall occur on the Executive Committee between Annual Meetings:
(a)       the remaining members of the Executive Committee may, but shall not be obliged to, appoint one of their number or co-opt a person as they deem fit to fill the vacancy; and
(b)       a member so co-opted or appointed shall remain in office until the next Annual Meeting.

10       EXECUTIVE COMMITTEE MEETINGS

10.1    Executive Committee meetings shall be held on such occasions and at such places as are either called by the President or decided by previous meetings of the Committee.

10.2    The Secretary General shall give at least three (3) weeks notice of such meetings, unless 75% of the voting member of the Committee give their prior consent to a reduced notice period.

10.3    Three (3) voting members of the Committee shall form a quorum.

10.4    The President shall chair all meetings at which he is present.  At meetings where the President is not present the Vice President if present shall chair, otherwise the meeting shall elect a chairman from among themselves.

10.5    Resolutions at Committee meetings shall be passed by a simple majority of the voting members of the Committee.  In the event of a tied vote the President or acting chairman of the meeting shall have a casting vote.

10.6    The Committee is authorised to utilise for meetings telephonic communications providing all participants can hear and participate in all communications.

10.7    The Committee may delegate to any one or more of its members such powers and duties as it shall determine for special purposes for a limited period.

11       TECHNICAL COMMITTEE

11.1    The World Council will appoint a Technical Committee consisting of a Chairman, the Chief Measurer and two (2) other members. The role of Chief Measurer can be combined with the role of Chairman or member of the Technical Committee.

11.2    The function of the Technical Committee is:
(a)       to advise the World Council and Executive Committee on any technical matters relevant to the Class.
(b)       in conjunction with the Technical Department of World Sailing, to ensure that the control of the Class is properly exercised in accordance with the Class Rules.
(c)       to investigate any query by a boat owner regarding the design or specification of this boat, and to report to the Executive Committee.
(d)       to consult with builders and equipment manufacturers on any development of the boat or equipment deemed to be desirable as a result of sailing experience.
(e)       to ensure that the boats used in World and Continental Championships and major regattas comply with the Class Rules.

12       FINANCIAL MATTERS OF THE INTERNATIONAL CLASS ASSOCIATION:

12.1    The association shall be funded by:
(a)       Subscriptions from NCAs.
– A share of the building fee paid on each boat.
– Any other revenue negotiated and accepted by the Executive Committee.

12.2    IF18CA’s subscription years shall run from 1 January to 31 December.

12.3    NCAs shall pay a subscription for each paid up member of their Association. These subscriptions shall be payable in advance at the end of each year in respect of their membership fees received in that year. The amount of the subscription payable by NCAs to the IF18CA shall be decided by the World Council.

12.4    All other fees, such as those for approval of events, professional or other, or for services provided at events, shall be decided by the Executive Committee.

13       EXPENSES

13.1    A budget for expenses shall be agreed each year by the World Council, and expenses shall be reported under a separate heading in the Annual Accounts.

13.2.   The reasonable expenses of the members of the Executive Committee in complying with their obligations and exercising their powers under these rules may be payable out of the funds of the IF18CA on application to the Executive Committee.

14       ACCOUNTS

14.1    The Executive Committee shall cause annual accounts to be prepared for each year which truly and fairly show the IF18CA’s capital and its income and expenditure.

14.2    The fiscal period of the World Council shall be 1 January to 31 December each year unless changed by resolution of the World Council.

14.3    The World Council shall appoint an Audit Committee to examine the annual accounts.  The Audit Committee shall consist of two (2) members who are nominated by NCAs and elected at the Annual Meeting for a period of two years on an alternating basis.

14.4    A copy of the statement of accounts for the preceding accounting year, along with a report of the Audit Committee, shall be sent by the Secretary General to each NCA with the notice of the Annual Meeting.

15       NOTICE

15.1    Where under this Constitution the Secretary General is required to give written notice to any person or body, such notice shall be deemed for the purposed of this Constitution to have been given if it is given by post or written electronic communication and so that:
(a)       If it is given by post it shall be deemed to have been given on the 7th day after the Secretary General shall have posted such notice by first class or air post to the person or body concerned at the address given for such person or body in the records of the IF18CA whether or not it shall in fact have been received by the person or body concerned within that time or at all;
(b)       If it is given by written electronic communication it shall be deemed to have been given 24 hours after the Secretary General has successfully dispatched the written electronic communication whereto or not is shall in fact have been received by the person or body concerned within that time or at all.
(c)       Provided that the Secretary General shall only be entitled to give notice to a person or body by way of written electronic communication if that person or body shall have provided (and not withdrawn) the address or number for the electronic communication to the World Council.

15.2    The Secretary General shall keep a register of such notices, which shall include evidence that the notice has been sent.

16       SUSPENSION AND REMOVAL FROM MEMBERSHIP

16.1    A member, or individual of an NCA, may be suspended or removed from membership by the Executive Committee only after a hearing protecting his rights to due process including a mutual exchange of evidence prior to the hearing.

16.2    A member may be suspended or removed for the following:
(a)       committing an unlawful act in relation to the IF18CA or one of its members;
(b)       for any unsportsmanlike conduct contrary to the interest of the members of the IF18CA; or
(c)       for intentional violation of Class Rules.

16.3    An NCA shall apply any such suspension or removal to any of its individual members so suspended or removed.

16.4    A member shall not be entitled to any return of any or any part of his subscription in respect of any period for which he shall be suspended or removed from membership.

17       AMENDMENTS

17.1    This Constitution may only be amended by a Special Resolution for which notice has been duly given and which is duly proposed and passed at an Annual Meeting pursuant to the terms and conditions of this Constitution and World Sailing.

18       LIMITATIONS

18.1    The Officers and members of the Technical Committee and Audit Committee shall not be obliged to do any of things required of them by these rules if the World Council shall not reasonably be expected to be in funds sufficient to pay their reasonable cost and expenses by the time these costs and expenses are estimated to come due.

18.2    In the execution of their powers and duties under this constitution no Officer or member of the Technical Committee or Audit Committee shall be liable for any loss to any of the members or former members of the World Council or to the assets of the World Council by reason of any mistake or omission made in good faith by him or any other officer or member of the Executive Committee or for any other matter other than wilful and individual wrongdoing omission or fraud on the part of the person who is sought to be made liable.

19       PROPER LAW AND JURISDICTION

19.1    The proper law of the IF18CA and World Council shall be English law and this Constitution shall be construed, take effect and be enforced accordingly.

19.2    The decision of the Executive Committee shall be final in matters of the management of the World Council and only if the actions or decisions of the Executive Committee are disputed formally in writing by any member or group of members of the World Council.  The decision of the World Council shall be final, subject to the judgement of a court of proper jurisdiction in the circumstances applying English law as provided in Article 19.1.

Regulations passed under this Constitution:

Regulation 1 – Class Rule Amendments

Class Rules amendments shall be placed at an appropriate notice period taking into account, among others, the priority of the amendment, worldwide event schedules and the impact on production cycles and costs for manufacturers and sailors. (approved by World Council on 21 May 2019)