INTERNATIONAL YOGA SPORTS FEDERATION
STATUTES REVISED JUNE 8, 2013
STATUTES PREAMBLEThe International Yoga Sports Federation (“IYSF”) has been constituted on April 29, 2013, as a non-profit Association under Swiss law with its seat in Lausanne. These Statutes have been adopted on April 29, 2013 and amended during the Congress held on June 8, 2013.
I. DEFINITIONSAgenda – means the Agenda of the Plenary Assembly, as specified in Article 20. Anti-Doping Commission – means the Commission appointed by the Management Committee, whose composition is stipulated in the Anti-doping Rules of the IYSF. Athletes’ Commission – means the Commission provided for in Article 41, whose composition is stipulated in the IYSF Athletes representation regulation. Continental Councils – means the Continental entities the formation of which has to be allowed by the Plenary Assembly in accordance with Article 36. Disciplinary Commission – means the Commission appointed by the Management Committee, whose composition is stipulated in the Disciplinary Rules of the IYSF. Executive board – means the Executive Board defined in Article 30. IYSF Rules and Regulations – means the IYSF Statutes, the By Laws, the Sporting Rules, the Disciplinary Rules for the IYSF, the Anti-Doping rules for the IYSF, the IYSF Athletes representation regulation and any other rules and regulations adopted by IYSF (including all decisions of the Plenary Assembly and the Executive Board respectively). Management Committee – means the IYSF Committee appointed in accordance with and consisting as stated in Article 24. Members – means Associations admitted by the Plenary Assembly or the Management Committee in accordance with Article 6. Officials – means the definition provided in Article 3 of these Statutes. Plenary Assembly – means the General Assembly of the IYSF provided for in Article 14. President – means the President of the IYSF elected as described in Article 25. Statutes - means all provisions contained in this document, which have been duly approved, together with any addendums and/or appendices which may complete amend or substitute for this document. The preamble constitutes an integral part hereof. These statutes replace the previous statutes. Technical Commissions – means the Commissions appointed by the Management Committee in accordance with Article 37. Vice-President(s) – means the Vice-President(s) of the IYSF elected as described in Article 25. Whenever the fact or context so requires in order to give effect to the IYSF Statutes and Rules, words in the singular shall include the plural, words in the plural shall include the singular, words of the masculine, feminine or neuter gender shall include any gender, except in the specification of a competition being for male or female competitors; and correction of any manifestly clerical errors shall be made.
II. LEGAL STATUS, HEADQUARTERS AND LANGUAGE
Article 1The International Yoga Sports Federation, abbreviated in all languages IYSF, is the world governing body for all matters concerning yoga asana competitions. IYSF is a legal entity with legal personality responsible for all aspects of yoga asana competition, in accordance with the present Statutes. The IYSF is a non-governmental international association with a non-profit-making purpose of international interest founded for an unlimited period of time and governed by Art. 60 ff. of the Swiss Civil Code and the present Statutes. The IYSF has its legal seat in Lausanne, Switzerland. The headquarters and the secretariat of the IYSF may be located in a country other than Switzerland, upon the decision of the Management Committee.
Article 2The official language of the IYSF is English.
III. OBJECTIVES AND PRINCIPLES
Article 3All activities of the IYSF are independent of any political or governmental influence. The IYSF does not allow any discrimination on the grounds of race, religion, gender or political opinion. The IYSF promotes and support with all means gender equality in its activities. As world governing body for all matters concerning yoga asana competitions, the principal purposes of IYSF are the regulation, promotion, development, supervision and furtherance of this sport on a worldwide basis. It fosters sporting links and friendly relations among its members and their competitors and officials. References in these Statutes to “officials” shall also include judges, referees, and anyone else acting in an official capacity for or on behalf of IYSF. The IYSF is furthermore responsible for and undertakes:
Article 4All rights in IYSF competitions belong exclusively to IYSF. IYSF alone shall have the right to organise or to authorize others to organize World, International or Continental yoga asana competitions. The words "World", "Continental" “International” or "IYSF" shall not be used in connection with any yoga asana international events, including “Masters events” without the explicit consent of IYSF.
IV . MEMBERSHIP
Article 5Membership in the IYSF is open to national associations actively involved in yoga asana competitions and recognized as such by the highest sports authorities of their countries. The following categories of members are available: 1. MEMBERS of the IYSF will be Associations that act as the national representatives of yoga asana competition in their countries. a) Only one association from each country can be affiliated as a full member of the IYSF. b) The admission fee for members is fixed by the Management Committee. 2. ASSOCIATE MEMBERS of the IYSF will be Associations who are affiliated with the sport of yoga asana competition but do not represent the sport of yoga asana competition in their country in the IYSF. These organizations may be admitted by the Plenary Assembly. a) Associate member admission fee is fixed by the Management Committee. b) Associate members are entitled to organize IYSF approved events, provided they are approved by the relevant IYSF Member. c) Associate members are also entitled to propose members for all IYSF Commissions, provided they are approved by the relevant IYSF Member for the country where the proposed IYSF Commission member is a citizen.
Article 6Applicant Associations shall submit all required information in the official language and in the format required by the Management Committee, notably:
RIGHTS OF MEMBERS
Article 7Each Member has the right:
OBLIGATIONS OF MEMBERS
Article 8All Members should be members of their National Olympic Committee or actively seeking such membership. All Members and Associate Members shall comply with:
Article 9Any Members or Associate Members wishing to terminate membership shall inform the IYSF Office in writing before the end of May of that year. Fees for the current year remain payable in full.
EXCLUSION OR SUSPENSION OF A MEMBER
Article 10The affiliation shall end automatically, but no refund of fees will be made, if:
Article 11Any Member may be excluded from the IYSF by the Plenary Assembly:
Article 11bisAny Member may be suspended from the IYSF by the Plenary Assembly for any infringement of these Statutes or the IYSF Rules and Regulations or any decision taken by IYSF. The decision of suspension shall be taken by the Plenary Assembly by simple majority of the Members present and shall specify the duration of the suspension. The Management Committee may suspend a Member at any time with immediate effect for the reasons specified above. In such case, the decision issued by the Management Committee shall stay in full force and effect until the next Plenary Assembly, unless it expires before. Notwithstanding the foregoing, a Member may renounce to its right to have the Plenary Assembly deciding on its suspension by irrevocably accepting a decision of suspension imposed on him by the Management Committee. A suspended Member shall lose its membership rights for the duration of the suspension.
HONORARY MEMBERSHIP AND OTHER AWARDS
Article 12The Plenary Assembly may confer the title of Honorary President of the IYSF; as well as conferring the title of Honorary Member. Other awards may be conferred by the Management Committee.
V. ORGANISATIONAL STRUCTURE OF IYSF
Article 13The following bodies are established to govern and administer IYSF, each with separately defined powers and duties:
Article 14The Plenary Assembly is the highest body of the IYSF and has ultimate authority for all activities of the IYSF. The Plenary Assembly convenes every year. Organization of the Plenary Assembly shall be entrusted to one of its Members and/or Associate Members. The date and venue for the Assembly shall be decided by the Management Committee. The calling notice must be sent to all Members and Associate Members at least 3 weeks prior to the date set for the Assembly. The Management Committee may decide that a meeting of the Plenary Assembly be held by tele- or videoconference without a physical meeting of the delegates. The Management Committee may also authorize that some Members or Associate Members assist to the Plenary Assembly by tele- or video-conference. In such a case, appropriate measures shall be taken in order to (i) ensure that the debates can be followed by all delegates and to (ii) validate the votes by delegates participating by tele- or video- conference. The President, or a majority of the respective bodies concerned, may determine to hold meetings of the Management Committee, Executive Board, Continental Confederations and any Council by tele- or video-conference, though in such cases appropriate measures shall be taken in order to (i) ensure that the debates can be followed by all delegates and to (ii) validate the votes by delegates participating by tele- or video- conference.
POWERS OF THE PLENARY ASSEMBLY
Article 15The Plenary Assembly has the following duties and powers:
VOTING RIGHTSEach Member of the IYSF has one vote. Associate Members have no voting rights.
Article 17At any Plenary Assembly, each Member shall be represented by one delegate who may be assisted by one or two advisors at most. A Member that has not paid its dues in full prior to the Plenary Assembly is not entitled to vote. Any Member having voting rights may be represented by the delegate of another Member being duly entitled to vote by means of a written proxy. Any such written proxy shall be presented to the chair of the Plenary prior to the commencement of the Plenary Assembly, and shall be in a form acceptable to the chair. One delegate may not represent more than two other Members at the same time.
Article 18Changes and amendments of these Statutes, exclusions of Members or Associate Members and may only be considered if at least half of the Members of IYSF having the right to vote are present or represented. To be adopted, such items must receive the approval of two thirds of the votes cast. For all other decisions of the Plenary Assembly, except for the dissolution of IYSF (see art. 44) there is no quorum. Decisions are taken by a majority of the votes cast.
TAKING OF DECISIONS
Article 19Voting at the Plenary Assembly is conducted by show of hands. Upon the request of any delegate entitled to vote, supported by at least a simple majority of delegates, any vote must be taken by secret written ballot. Elections shall always be decided by secret written ballot.
AGENDA AND THE RIGHT TO INTRODUCE PROPOSALS
Article 20The following items shall be included in the Agenda of the Plenary Assembly
Article 21Items for inclusion in the Agenda of any Plenary Assembly may be presented by:
Article 22The full Agenda of a Plenary Assembly shall be sent to all Members of IYSF at least 2 weeks before the Plenary Assembly. Upon affirmative vote of no less than 2/3 of the Members being present and having voting rights, the Plenary Assembly itself may add items to the Agenda of any meeting.
EXTRAORDINARY PLENARY ASSEMBLY
Article 23The Management Committee may at any time call an extraordinary Plenary Assembly. At the written request of one fifth of the Members entitled to vote, the Management Committee shall convene an extraordinary Plenary Assembly within three (3) months of receipt of such request. A notice shall be circulated to the Members and Associate Members no later than two (2) weeks before the date of the Extraordinary Plenary Assembly. The request must be substantiated and accompanied by a proposal for the Agenda.
Article 24The Management Committee of IYSF consists of a minimum of three officers and a maximum of eleven officers, as follows:
Article 25The President and Vice President(s) are elected by the Plenary Assembly; the members from the Councils and the Athletes’’ Commissions are elected by their respective Councils and Commissions and validated by the Plenary Assembly. Nominations for candidates to the post of President or Vice-President(s) shall be made by the Member Association of the country of which they are citizens. Nominations must be received in writing by the General Secretary of IYSF, together with information about each candidate (CV, recommendations, etc.) at least two months before the date of the Plenary Assembly at which the elections are to take place. Information about the candidates shall be distributed to Members and Associate Members together with the Agenda of the Plenary Assembly. Except for the Secretary General, the members of the Management Committee are elected for a term of four years. The President can be re-elected only for three consecutive mandates. The Members of the Management Committee other than the President can be re-elected only for four consecutive mandates. No member of the Management Committee, irrespective of title, can serve more than five (consecutive or not) mandates in the Management Committee, even if such member serves in different positions. If a representative of a Council or Commission ceases to be a member of such Council or Commission, he shall also automatically cease to be a member of the Management Committee. A replacement will be elected by the respective Commission or Council and validated by the next Plenary Assembly for the remaining of the ordinary four-year term. In case of resignation or inability of the President or a Vice-President, a replacement will be elected at the next Plenary Assembly for the remaining of the ordinary four-year term. The Secretary General is an ex officio member of the Management Committee
Article 26The Management Committee is responsible for directing the activities of IYSF and implementing all the policy, directives and decisions made by the Plenary Assembly. This responsibility includes in particular:
Article 27The Management Committee will meet at least twice every year, upon the Executive Board’s call. The organisation of its meetings shall be entrusted alternately to one of the member associations being represented in the Management Committee. The Management Committee will meet also upon the request of the majority of its members.
Article 28The Agenda for the Management Committee meetings is prepared by the Executive Board. However, any member of the Management Committee is entitled to present proposals for the Agenda. Such proposals must be submitted, with relevant documentation, at least one month before the date set for any Management Committee meeting. The Agenda shall be sent by the Executive Board to the Management Committee members at least two weeks prior to the meeting date.
Article 29Every member of the Management Committee has one vote. In case of a tie, the President has the casting vote. All decisions of the Management Committee are taken by majority of the members present, and no voting rights may be exercised by proxy. The quorum of the Management Committee consists of a majority of its members.
THE EXECUTIVE BOARD
Article 30The Executive Board of the IYSF shall consist of the following officers:
Article 31The Executive Board is responsible for ensuring the Management Committee’s directives are implemented in the day-to-day management of the IYSF’s operations. In particular, the Executive Board shall be responsible for the following:
Article 32The Executive Board will meet as often as necessary, upon the call of the President or the majority of the Executive Board’s members. The President shall chair the meeting. The Agenda for such meetings will be set by the party who calls the meeting and shall be distributed to the members of the Executive Board upon not less than 48 hours notice (such notice shall be unnecessary if waived by all members of the Executive Board).
Article 33Every member of the Executive Board has one vote. All decisions of the Executive Board are taken by majority of the members present, and no voting rights may be exercised by proxy. The quorum of the Executive Board consists of a majority of its members.
Article 34The President chairs all meetings of the Plenary Assembly, the Management Committee and the Executive Board. The President represents yoga asana competition in all important matters, especially those pertaining to the IOC and other International organisations. The President may, from time to time, delegate various aspects of IYSF management to other members of the Management Committee. The President, or a Board member designated by the President, is entitled to attend and participate in all Commission meetings, but without vote.
Article 35If the President is prevented from attending a meeting of the Management Committee or a Plenary Assembly, the Management Committee will appoint one of the Vice- Presidents to chair those meetings. In case of death or disability of the President, the 1st Vice-President shall assume the President’s duties until the next Plenary Assembly. Should the 1st Vice-President in turn be unable to fulfil his/her obligations, the Treasurer/2nd Vice-President, or if such person is unable to fulfil his/her obligations, the 3rd Vice President, or if such person is unable to fulfil his/her obligations, the member of the Management Committee who has served on the Management Committee the longest, shall assume his/her duties and convene an Extraordinary Plenary Assembly in order to elect appropriate replacements. In case of resignation or inability of the President to assume his duties, the Vice- Presidents, in accordance with their order of designation, shall assume the President’s duties until the next Plenary Assembly.
Article 36The Plenary Assembly may allow the formation of Continental Councils that are responsible for the administration, development and furtherance of yoga asana competition in the same continent or in a geographical entity. They comply with and enforce the rules and regulations of IYSF and co-operate with the IYSF Bodies. They organise continental championships and other competitions in their area under the supervision and approval of the IYSF. The Statutes and Regulations of Continental Councils must be submitted to the Management Committee for approval.
Article 37The Management Committee appoints Technical Commissions for specific tasks, deciding the number of members depending on the purpose of the Commission. The mandate of each Commission is reviewed by the Management Committee to determine its future validity and effectiveness, and the Management Committee may dissolve a Commission at its discretion. Members of these Commissions are proposed by Member associations and appointed by the Management Committee. Their membership expires no later than the end of the term of the Management Committee. Each Commission is directed by one of its members (Chairman), who is appointed by the Management Committee.
ANTI-DOPING COMMISSION AND APPEALS
Article 38The function of the Anti-Doping Commission is to ensure that the IYSF’s rules and activities comply with the World Anti-Doping Code. The Anti-Doping Commission assists to develop and implement an Anti-Doping Policy & Procedures according to the World Anti-Doping Agency (WADA). Decisions of the Anti-Doping Commission may only be appealed to the Court of Arbitration for Sport (in Lausanne, Switzerland). The procedure before the Court of Arbitration for Sport takes place according to its regulations. The award of the Court of Arbitration for Sport shall be final and binding, subject to an appeal to the Swiss Federal Tribunal Rules concerning this Commission are set out in a regulation made by the Plenary Assembly. It is composed of six members, who are elected by the Management Committee in each Anti-Doping case, the Commission consists of three members, chosen by its President, depending, amongst other, on the availability of the Members to sit in the particular case and of its independence toward the concerned athlete. .
DISCIPLINARY COMMISSION AND APPEALS
Article 39The function of the Disciplinary Commission is to investigate and take appropriate action following any complaint concerning breach of rules written in the Statutes and in all other IYSF regulations approved by the Plenary Assembly and the Management Committee IYSF (including the IYSF Anti-Doping Rules) or misconduct. Decisions of the Disciplinary Commission may only be appealed to the Court of Arbitration for Sport (in Lausanne, Switzerland). The procedure before the Court of Arbitration for Sport takes place according to its regulations. The decision of the Court of Arbitration for Sport will be final and binding, subject to an appeal to the Swiss Federal Tribunal. Rules concerning this Commission are set out in a regulation made by the Plenary Assembly. The Disciplinary Commission is composed of six members, who are appointed by the Management Committee.
DISPUTE RESOLUTIONDisputes arising under the IYSF Statutes or otherwise will be dealt with under the procedure and rules set out in a regulation made by the Plenary Assembly. The final determination of a dispute can only be appealed only to the Court of Arbitration for Sport (in Lausanne, Switzerland). The procedure before the Court of Arbitration for Sport takes place according to its regulations. The decision of the Court of Arbitration for Sport will be final and binding, subject to an appeal to the Swiss Federal Tribunal.
Article 41a) Organisation of Athletes’’ Commission: The Athletes’ Commission provides a permanent liaison between active athletes and the IYSF. A man representative and a woman representative are elected by the Athletes’ Commission and ratified by the Plenary Assembly as member of the Management Committee. The Athletes` Commission also nominates candidates to the Technical Commissions. Composition and functioning of the Athletes’ Commission are described in the relevant regulations as approved by the Plenary Assembly. b) Costs of the Athletes’ Commission: All travel and accommodation costs for each member of the Athletes’ Commission, except the member representing the Management Committee, shall be borne by his/her national Member Association. This only applies to work meetings. Costs relating to meetings for the international representation of the IYSF shall be borne by IYSF.
Article 42All funds or other property of the IYSF shall be applied to the furtherance of the objectives of the IYSF. The IYSF will finance its own activities through sources such as: a) Membership and subscription fees of its Members; b) The fees for the organization and for the authorization of competitions, awards, as well as competitor entry fees, and any other fees or profits deriving from official competitions; c) Any other sources that may be available (sponsorships, TV rights, donations, etc.).
Article 43The activities of all bodies of IYSF are conducted without remuneration of the individuals who serve thereon. The expenses of the Executive Board, the Management Committee and the Commissions are borne by the IYSF according to the present Statutes and to regulations of the Management Committee. Within approved budgets, the Plenary Assembly of the IYSF and the Management Committee are empowered to authorize payment of fees and expenses to individuals and/or organizations to provide specific professional service or advice.
Article 44The financial year of the IYSF shall annually run from 1 January until 31 December.
Article 45The Plenary Assembly of the IYSF shall receive and approve annual budgets detailing the forecast income from all sources and the proposed annual expenditure and shall establish and maintain financial accounting system and produce annual accounts. The Management Committee may decide to appoint an auditor, who may be the representative of a Member or an external auditor. The appointment of the auditor shall be validated by the Plenary Assembly.
Article 46Only the assets of the IYSF can be used to settle IYSF liabilities and obligations. Member associations of the IYSF are not personally liable for the debts and obligations of the IYSF. No funds or other property of IYSF shall be paid to, or distributed among, the Members Associations of the IYSF.
Article 47The basic currency for annual accounting purposes will be the US Dollar.
VII. REPRESENTATIONThe President of IYSF shall represent IYSF vis-à-vis third parties The Executive Board may grant powers of signature to other individuals and shall decide the limits within which such powers may be exercised.
VIII.DISSOLUTION OF IYSF
Article 49A three quarter majority of the IYSF members may propose the dissolution of the IYSF. The dissolution becomes effective on approval of the proposal by a three quarter majority at the Plenary Assembly, providing that at least two thirds of the members entitled to vote are present or represented at the Plenary Assembly. The disposal of the assets of the IYSF shall be decided by the Plenary Assembly dissolving the IYSF and shall be in keeping with the aims of the IYSF and transferred to a tax exempt Swiss legal entity.