SWAN 60 CLASS ASSOCIATION CONSTITUTION
1.1 The name of the Association shall be the ""Swan 60 One Design Class Association"".
2.1 The objects of the association are:
a) To promote and develop Swan 60 One Design Class Association racing under uniform rules throughout the world.
b) To provide a structure for class management and for the exchange of information among Swan 60 One Design Class Association sailors to enhance the enjoyment of these boats.
2.2 In furtherance of other events with international participation the Swan 60 One Design Class Association will:
a) Ensure that World and Continental Championships are held in appropriate locations and to proper standards, and shall oversee such events.
b) Approve other events of International impact on the Swan 60 One Design Class Association and ensure they are held to proper standards.
c) Maintain the one-design integrity of the Swan 60 One Design Class Association throughout the world. Wherever applicable a National Class Association is subject to the regulations of the ISAF, this constitution, and the Swan 60 Class Rules.
3. HEADQUARTERS AND OFFICIAL LANGUAGE
3.1 The headquarters of the Association is within Nautor’s Swan in Florence.
3.2 The official language of the Association shall be English.
3.1 Membership is open to all Swan 60 owners who have paid the prescribed annual Membership dues. Only these members may vote, attend meetings and hold office. Boats with more than one owner are entitled to one vote per boat.
5. SUSPENSION AND REMOVAL FROM MEMBERSHIP
5.1 A member, or individual of a National Class Association, may be suspended 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.
5.2 A member may be suspended for the following:
a) Committing an unlawful act in relation to the Association or one of its members, or
b) For any unsportsmanlike conduct contrary to the interest of the members of the association, or
c) For intentional violation of Class Rules.
5.3 A member National Class Association shall apply any such suspension to any of its individual members so suspended.
5.4 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.
6.1 Any country may, upon application to the Executive Officer of the Executive Committee, be granted a charter as a National Class Association provided it satisfies the following requirements of membership to the Executive Committee:
a) that it has formed a duly constituted National Class Association, recognised by their country’s National Authority, for the development of racing Swan 60s within the country.
b) that there are not less than (2) two Swan 60s 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 Association in their country already accredited to the Swan 60 One Design Class Association.
7.1 The International Swan 60 Class Association shall be governed by its Executive Committee and the Copyright Holder. 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 Association determined by the Executive Committee,
c) any directives or guidelines established by the Executive Committee.
8. THE EXECUTIVE COMMITTEE
8.1 The Executive Committee shall consist of the following:
8.2 The President and Owner Member of the Executive Committee shall be elected from among the members by simple majority vote of all the members. They shall hold office for three years from the date of election and shall be eligible for re-election at the conclusion of a term of office.
8.3 The Class Manager shall be appointed by the Executive Committee.
8.4 Each member of the Executive shall have only one vote except that the President or acting chairman shall have a casting vote in the event of a tied vote of the Executive Committee.
9. EXECUTIVE COMMITTEE MEETINGS
9.1 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.
9.2 The Class manager shall give at least 3 weeks notice of such meetings, unless 75% of the voting member of the committee give their prior consent to a reduced notice period.
9.3 3 voting members of the Committee shall form a quorum.
9.4 The President shall chair all meetings at which he is present. At meetings where the President is not present, the meeting shall elect a chairman from among themselves.
9.5 Resolutions at Executive Committee Meetings shall be passed by a simple majority of the voting members of the Committee present and voting. In the event of a tied vote the chairman of the meeting shall have a casting vote.
9.6 The Executive Committee is authorized to utilize for meetings telephonic communications providing all participants can hear and participate in all communications.
9.7 The Executive 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.
10. TECHNICAL COMMITTEE
10.1 The Executive Committee will appoint a Technical Committee consisting of a Chairman plus 1 other member.
10.2 The function of the Technical Committee is:
a) To advise the Executive committee on any technical matters relevant to the Class.
b) In conjunction with the Technical Department of the ISAF, to interpret the Class Rules and to ensure that the One Design control of the Class is properly exercised by the builders and suppliers in accordance with the Manufacturing specifications and Handbook.
c) To investigate any query by a boat owner regarding the one design or specification of the boat, and to report to the Executive Committee.
d) To consult with the Class Manager and the Copyright Holder 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.
11. FINANCIAL MATTERS OF THE INTERNATIONAL CLASS ASSOCIATION
11.1 The association shall be funded by:
a) Subscriptions from National Class Associations and individual members.
b) Sponsorship money or other sources.
11.2 The Association’s subscription year shall run from 1 January to 31 December.
11.3 The amount to be paid as subscriptions to the International Swan 60 Class Association shall be decided by the Executive Committee. The implementation of such dues shall take place from January 1 following the Executive Committee meeting.
11.4 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.
12.1 A budget for expenses shall be agreed each year by the Executive Committee, and expenses shall be reported under a separate heading in the Annual Accounts.
12.2 The reasonable expenses of the Officers and other 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 Association on application to the Executive committee.
13.1 The Executive Committee may cause annual accounts to be prepared for each year which truly and fairly show the Association’s capital and its income and expenditure.
13.2 A copy of the accounts for the latest complete fiscal period may be sent by the Class Manager to each member of the Association.
15.1 This Constitution may only be amended by a special resolution proposed by the Executive Committee and agreed by 75% of the members pursuant to the terms and conditions of this Constitution and ISAF.
15.1 The Officers and Executive Committee shall not be obliged to do any of things required of them by these rules if the Executive Committee 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.
15.2 In the execution of their powers and duties under this constitution no officer or other member of the Executive Committee shall be liable for any loss to any of the members or former members of the Association 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 willful and individual wrongdoing omission or fraud on the part of the person who is sought to be made liable.
16.1 The Copyright Holder reserves the right at its absolute discretion to dissolve the Swan 60 One Design Class Association.
17. PROPER LAW AND JURISDICTION
16.1 The proper law of the International Swan 60 Class Association and the Executive Committee shall be Italian law and this Constitution shall be construed, take effect and be enforced accordingly.