Statutes

English translation of statutes by which the Club is governed

 The Secretary can provide a copy in Spanish by request.

STATUTES OF THE ANDALUSIAN SPORTS CLUB

CHAPTER I- GENERAL PROVISIONS

ARTICLE 1. Name and object.

The name of the Club is ............, constituted in the Almeria province in the town of ......... The Club is a private, non-profit making entity, whose main objective is the practice of sport.

ARTICLE 2. Registered office

The registered office is located at ..............................In the event of modification, amended by resolution of the Extraordinary General Assembly called for and agreed by the majority of members, the reform shall be communicated to the Andalusian Register of Sports Organisation for registration, in accordance with the provisions of Article 65 of these statutes.

Articles of Association. At the time of its incorporation, the club owns the following premises and facility: -

ARTICLE 3. Scope of action

The territorial scope of action of the organisation is basically Andalusia.

ARTICLE 4. Legal status

This entity has legal personality and the capacity to act and is governed by the provisions of Law 5/2016, of 19 July, on Andalusian Sport, in Decree 41/2022, of 8 March, which regulates the Andalusian Sports Entities and establishes the structure and operating regime of the Andalusian Register of Sports Entities and the provisions that develop it, in the present statutes, in their regulations and other applicable regulations and other applicable rules, as well as in the provisions of the statutes and regulations of the sports federations to which, where applicable, it is attached, without prejudice to the provisions of the regulations governing the right of association.

ARTICLE 5. Sporting activity

1. The main purpose of the entity the practice of the sport of lawn bowling developing as its exclusive or main sporting activity and shall be affiliated, where appropriate, to the Andalusian Federation de Bolos. It may also practice other sporting activities, for which purpose it will be attached, where appropriate, to the respective Andalusian sports Federations, if they are carried out as a Federated competitive sport.
2. For the modification, extension or cancellation of any of the sporting activities carried out by the sports club, the corresponding agreement must be adopted by the General Assembly of the club.

 

ARTICLE 6. Obligations of the club in relation to federated sportspersons

 

1. The club has the duty to place at the disposal of the corresponding Sports Federation the federated sportsmen and women of the club, for the purpose of joining the Andalusian sports teams, in accordance with the Andalusian Sports Law and the provisions that develop it, and in accordance with the statutory conditions of the sports federations.
2. Likewise, the club will place such federated sportsmen and women at the disposal of the federations, with the aim of carry out specific programmes aimed at favouring their sporting development.

 

ARTICLE 7. Challenging acts and agreements

 

1. The activities of the entity shall at all times be in accordance with its statutory purposes.
2. The agreements and acts of the entity that are contrary to the legal system may be challenged before the ordinary courts, independently of the adoption of the relevant resolutions that may be pertinent, in accordance with the applicable regulations.

 

CHAPTER II - MEMBERS OF THE SPORTS CLUB

 

ARTICLE 8. Categories

 

1. The members of the club shall be considered to be the members of the club, as well as those persons who belonging to other categories which, by decision of the General Assembly, may be agreed by regulation, such as sportsmen and sportswomen, subscribers or collaborators, coaches or technicians, sports directors, sports monitors or volunteers.

 

2. The following are considered members of the sports club: the founding or promoting persons, as long as they and any others who are subsequently incorporated as such, and included in the Register of Members and who pay membership fees to support the expenses of the club.

 

3. Athletes are natural persons who, individually or in a group, practise sport on behalf of the sports club, by means of a federation licence or a qualification certifying that the sportsperson is a member of the sports club.

 

4. Subscribers or collaborators are natural or legal persons who participate in the activities of the sports club and contribute to its support.

 

5. Coaches or sports technicians, sports directors, sports monitors or volunteers, persons who carry out these activities in the service of the club, in accordance with the provisions of Chapters II and III of Title III of Law 5/2016, of 19 July.

 

6. It shall be compatible for the same person to be a member of the club in more than one of the categories indicated in section 1, although, for the purposes of exercising rights in the entity, the status of member will prevail, if they have it, for the purposes of exercising rights in the organisation.

 

 

ARTICLE 9. Equality of the members of the club

 

The principle of equality of all members of the club is established, without any discrimination on the grounds of birth, race, sex, religion, opinion or any other personal or social condition or circumstance.

 

ARTICLE 10. Number of members

 

The number of members shall be unlimited. However, the Board of Directors may temporarily suspend the admission of new members when the lack of space or capacity of the facilities so advises.

 

ARTICLE 11. Rights of club members

 

1. Members shall fully enjoy the rights derived from the present statutes.

 

2. In any case, members shall have the following rights:
3. a) To elect and be eligible for election to the governing and administrative bodies, provided that they have reached the age of 18 and have full capacity to act.
4. b) To participate with voice and vote in the sessions of the General Assembly of the club or, where appropriate, by means of a representative, participating in the taking of decisions of the General Assembly of the club, provided that they have reached the age of majority. c) To receive information on the activities of the entity and, especially, on its management and administration.
5. d) To have access to the documentation of the club, in accordance with the provisions of Chapter IX of the statutes and other applicable regulations.
6. e) To attend activities or competitions organised by the club and to use its facilities and services.
7. f) To freely express their opinions within the entity and in relation to the same.
8. g) To complain to the corresponding bodies against the decisions of the club's governing bodies.
9. h) To freely separate from the entity.

 

3. The rest of the people who make up the club will enjoy the rights established in letters e), f), g) and h) of the previous section. The right to receive information referred to in paragraph c) shall be limited to information on general matters of the entity and those specific matters that affect the club directly affecting the category of club members to which they belong. The rights provided for in letters a) and b) shall be exercised by means of a system of indirect representation, so that categories other than membership are represented at the General Assembly in accordance with the provisions of these statutes. Such representatives, as members of the General Assembly, shall also have the rights provided for in (c) and (d) above.

 

4. In addition, the federated sportsmen and sportswomen of the club shall have the following rights: a) To carry out their sporting activity within the framework of the regulations governing the corresponding sport.
5. b) To join the Andalusian sports teams when they are called up by the federations.

 

5. Federated coaches and trainers shall also have the following rights: -
6. a) To carry out their sporting activity in accordance with the corresponding federation regulations.
7. b) To be governed, where appropriate, by the specific conventions which, within the framework of the legal, regulatory and statutory rules, are signed by the federations.

 

6. The sports directors, monitors and volunteers, where applicable, shall have the rights provided for by the general regulations of application.

 

ARTICLE 12. Obligations of the members of the club

 

1. The following are the obligations of all members of the club, in addition to those of an economic and financial nature that are derived from the present statutes and regulations of the entity:
2. a) To abide by the statutes and regulations of the club and the agreements adopted by its governing bodies.
3. b) Contribute to the fulfilment of the aims of the club.

 

2. The following are also the obligations of the following members:
3. a) To contribute to the economic support of the Club, by means of the payment of the fees, contributions and prices that may be established.
4. b) To collaborate in the management and administration of the club, in the event that they are appointed to do so.

 

3. The federated sportsmen and sportswomen of the club are also obliged to attend the Andalusian sporting teams.

 

ARTICLE 13. Acquisition of the status of member

 

In order to acquire the status of member, the following will be necessary:

 

1. a) Written application to the Board of Directors, signed by 2 members. The proposals for membership shall be posted on a section of the club's website or, failing that, on the club's notice board with a period of 15 working days for objections to be made.
2. b) Once admission has been agreed by the Board of Directors, the corresponding admission fee shall be paid.

 

 

 

ARTICLE 14. Loss of membership

 

Membership shall be lost

1. a) By one's own free will, expressed by means of a written resignation addressed to the Secretary of the Club. b) For non-payment of the established membership fees for three consecutive months or four months in a calendar year, with prior warning, hearing of the person concerned and by agreement of the Board of Directors.
2. c) By agreement of the Board of Directors, based on very serious misconduct, after the initiation of a file with a hearing of the person concerned, which shall be ratified at the first General Assembly to be held.
3. d) Death.

 

ARTICLE 15. Fees

 

The fees to be paid by members shall be established by the General Assembly and shall be:

1. a) Ordinary:

- Admission.

- Periodical.

- For the use of facilities or services, where appropriate.

1. b) Extraordinary or special: those established exceptionally.

 

CHAPTER III - GOVERNING, ADMINISTRATIVE AND REPRESENTATIVE BODIES

 

ARTICLE 16. Governing and administrative bodies

 

1. The entity shall be governed by the following governing and administrative bodies:
2. a) The General Assembly.
3. b) The Board of Directors.
4. c) The person holding the Presidency.
5. d) The person in charge of the Secretariat.
6. e) The Electoral Commission.

All of the above, without prejudice to the possible creation by the Board of Directors of Commissions or other bodies that it deems necessary for the achievement and better development of the aims of the entity, which, in no case, may undermine the competences of the aforementioned bodies.

 

2. The General Assembly may create an Intervention or Intervention Commission, for the economic and accounting control of the club.

 

ARTICLE 17. The General Assembly

 

1. The General Assembly is the supreme governing body of the entity. It is made up of all members as well as a representation of the other members of the sports club, if any, in the form of one member for each category, elected by and from among the members of the club.

 

2. All members of the Assembly shall be eligible without exception for election to the governing and administrative bodies, provided that they have at least one year's seniority as a member of the Club (except in the case of the constitution of the entity), and they shall also enjoy other rights to which they are entitled that correspond to them by virtue of the legal provisions in force on the matter. ARTICLE 18. Functions of the General Assembly

The General Assembly shall be responsible for: -

1. a) To elect, from among its members, the person holding the Presidency and the Board of Directors, by free, equal, direct and secret suffrage of its members, and to vote, where appropriate, on the motion of censure.
2. b) To ratify, in accordance with the provisions of Article 45.2 of the Articles of Association, with the same requirements, appointments made by the Presidency to the composition of the Board of Directors during its term of office, as well as the increase or decrease in the number of its members.
3. c) To elect the members of the Electoral Commission.
4. d) Approve the Club's income and expenditure budget.
5. e) To approve, if appropriate, the annual report and the settlement of the club's accounts. f) To approve, if appropriate, the proposals of the Board of Directors.
6. g) To study and resolve any proposals made in writing by its members, which must be submitted at least 15 days prior to the date of the General Assembly, endorsed by at least one member of the Board of Directors. General Assembly, endorsed by at least 5% of its members.
7. h) To establish the conditions and form of admission of new members and to agree on the amounts of the fees to be paid by the members.
8. i) To dispose of, encumber and dispose of the entity's real estate assets, borrow money and issue transferable securities representing debt or issue transferable securities representing debt or part of the assets.
9. j) To create services for the benefit of the members.
10. k) To ratify or revoke the loss of membership by sanction.
11. I) Resolve any appeals lodged against the sanctioning resolutions of the Board of Directors. m) To approve modifications to the present statutes, as well as the club's regulations and their modifications.
12. n) To create, if deemed necessary, an Intervention or Intervention Commission and to appoint its members.
13. o) Appointing the members and alternates of the Conciliation Committee for the resolution of internal legal-sports disputes.
14. p) To determine the number of members of the Board of Directors, in accordance with the provisions of these statutes.
15. q) Approve the club's code of good governance; however, in full compliance with these statutes and for justifiable reasons, the Board of Directors may adopt a code of good governance which must be submitted for debate, ratification or modification at the first General Assembly to be held.

 

 

 

ARTICLE 19. Sessions of the General Assembly

 

The General Assembly shall meet:

1. a) In ordinary session, at least once a year, to approve the annual budgets, ordinary fees, as well as the annual report and settlement of the accounts for the previous year.
2. b) In extraordinary session, for the modification of the statutes, approval and modification of the regulations, dissolution and liquidation of the Association; Election of the President and the Board of Directors, and the taking of money, borrowing money, issuance of transferable securities representing debt or equity, disposal of immovable property, fixing of extraordinary quotas, or when requested by at least 25% of the members, who muststate in the corresponding written document the items whose inclusion in the agenda they request.

 

ARTICLE 20. - Calling of General Meetings

 

1. General Assemblies shall be called by the person holding the Presidency, at his/her own initiative, at the request of the Board of Directors, or when requested by at least 25% of the members. In the latter case, the agenda shall contain, as a minimum, the points to be indicated in the written request for the meeting to be convened.

 

2. The General Assemblies shall be convened by the person holding the Presidency at least 10 days before they are to be held, by means of direct communication of the notice of meeting to its components by e-mail and notice posted on the Club's website, or in the absence of a website, notice on the Club's notice board. Additional means of electronic or conventional communication may also be used. The communication must include the necessary documentation on the items on the agenda to be dealt with.
3. The notice shall state the agenda and the date and time at which the General Assembly is to meet, on first and second call. It shall also expressly state whether the General Assembly is to be held in person or remotely, and if so, the identification of the means, form of access and conditions for its development.

 

ARTICLE 21. Constitution of the General Assembly

 

The General Assembly, whether ordinary or extraordinary, shall be validly constituted at first call when half plus one of its members are present or represented; At second call, the presence of one quarter of its members shall be sufficient.

 

ARTICLE 22. Holding of the General Assembly

 

1. The General Assembly shall be chaired by the person holding the office of President of the Club.
2. The General Assembly, whether ordinary or extraordinary, shall begin with a count of those attending. Once the matters on the Agenda have been debated and resolved, the following will take place three of the persons making up the Assembly shall be designated to approve the minutes and sign them on behalf of the others, together with the person holding the office of President and the person holding the office of Secretary.

The minutes shall state the date, place and time of the meeting, the manner in which the meeting was held, whether in person or remotely, the list of persons attending, the content of the resolutions adopted and the result of any votes cast.

 

ARTICLE 23. Adoption of resolutions by the General Assembly

 

1. In order to adopt resolutions, the General Assembly must be in regular session.
2. Resolutions shall be passed by a simple majority of the members present, except for the borrowing of money, the disposal or alienation of immovable property, the request for thedeclaration of public utility and for amendments to the Articles of Association, in which case the vote in which shall require the favourable vote of an absolute majority of the members of the assembly.

For the issuance of transferable securities representing debt or equity, the following shall be required; a favourable vote by a two-thirds majority of the members of the General Assembly. Dissolution of the entity shall require a two-thirds majority vote of those present, representing the absolute majority of the members of the General Meeting.

Voting majorities shall also be required for any other matters established by current legislation or these statutes.

 

ARTICLE 24. The Board of Directors

 

1. As the governing and management body of the club there shall be a Board of Directors, which shall be made up of no fewer than three and no more than twenty members, headed by the person who holds the Presidency of the entity and which shall also include, as a minimum, a Vice-Presidency, a Secretary and a Treasurer.

 

2. At the proposal of the person holding the Presidency, the Board of Directors shall be elected by free, direct and secret ballot, by and among the members of the Club without prejudice to the provisions of article 31.1 of these statutes, in relation to the appointment of the Secretary.

 

3. It shall be incompatible, in any case, to hold or exercise the office of the Presidency or Vice- Presidency with any other position on the Board of Directors. It shall also be incompatible to be a member of the Board of Directors of the Club with any other position of the Board of Directors of another club of the same sport modality.

 

4. In order to hold any of the positions on the Board of Directors, it is necessary to have been a member of the entity for at least one year (except in the case of constitution of the club).

 

5. The term of office of the Board of Directors shall be four years, without prejudice to the provisions of Article 36.1 c) of these statutes.

 

6. The Board of Directors may appoint and dismiss a person as Manager, who need not be a member of the Club, and who shall be responsible for the material execution and implementation of the resolutions adopted by the Board of Directors and the Club carrying out all the tasks entrusted to him/her by the Board and coordinating all the services and activities of the entity. The person in charge of the Management shall attend the meetings of the Board of Directors, with the right to speak but not to vote.

 

7. The exercise of the offices in the governing and representative bodies of the Club will be free of charge, except when, due to the dedication required or other justified circumstances, it may be of a remunerated nature. In these cases, the General Assembly, by an absolute majority of its members, may approve a specific economic amount, which shall be public for the members.

 

 ARTICLE 25. Legal representation of the club

 

The person holding the Presidency and, failing that the Vice-Presidency, under the terms of article 30 of the statutes, or such other persons as may be determined by agreement of the Board of Directors, shall legally represent the club acting on its behalf

 

ARTICLE 26. Functioning of the Board of Directors

 

1. The Board of Directors shall meet in ordinary session, at least quarterly and, extraordinarily, when so decided by the person holding the Presidency or at the request of one third of its members. The Board of Directors may meet in person or remotely, by electronic or audio- visual means.

 

2. The Board of Directors shall be validly constituted on first call when the majority of the members of the Board of Directors are present; at second call, no minimum number of attendees is required, provided that a majority of the members are present, provided that the person holding the office of President or the person holding the office of Vice-President and holding the office of Secretary or the person replacing him/her are present. It shall be also validly constituted when all the members of the Committee are present and unanimously agree to do so, even if no prior notice has been given.

 

2.  The Board of Directors shall be convened by the person holding its Presidency at least 48 hours before the date of the meeting.

The call shall be communicated to all members of the Board of Directors by e-mail, without prejudice to its communication by the same or other means to other persons, when deemed necessary.

 

ARTICLE 27. Functions of the Board of Directors

 

The Board of Directors shall be responsible for carrying out any acts related to the activity of the organisation, with no other limitations than those deriving from the applicable activity of the organisation, with no other limitations than those deriving from the applicable regulations and these statutes.

In particular, it is the duty of the Board of Directors:

1. a) Interpret the statutes, regulations and other provisions of the entity, and ensure their exact compliance.
2. b) To execute the agreements adopted by the General Assembly.
3. c) To adopt the agreements necessary for the fulfilment of the purposes of the entity, as well as to establish the pertinent means and procedures for this purpose.
4. d) To supervise the economic and administrative regime.
5. e) To propose to the General Assembly the amount of the contributions of the members and other members of the Club, in the form of ordinary or extraordinary fees, or other contributions.
6. f) To create the Commissions, it deems necessary for the fulfilment of the aims of the entity. g) To organise and direct the services of the entity, as well as to appoint and dismiss the personnel required to provide them, and to sanction them if necessary. h) To propose to the General Assembly the conditions and form of admission of new members, to agree on their separation and to impose the appropriate sanctions on members of the Club, in accordance with the provisions of these statutes.
7. i) To draw up the budget, the annual report and the annual accounts of the entity. j) The contracting of services in general.
8. k) Other matters not expressly entrusted to the General Assembly or to the person holding the office of President.

 

ARTICLE 28. The Presidency

 

1. The person holding the office of President of the Club, who will also be the President of the General Assembly and of the Board of Directors, will be elected by free, equal, direct and secret suffrage by and amongst the members of the Club.

 

2. The term of office of the incumbent of the Presidency shall be four years, without prejudice to the provisions of Article 36.1.2. of these statutes.

 

3. If during the term of office of the Board of Directors the incumbent of the Presidency should cease to hold office for any cause, except in the event of early elections or an approved motion of censure, the Vice-President shall temporarily take over his or her functions, and an Extraordinary General Assembly must be held within a maximum period of two months, in order to proceed to the election of the new President and Board of Directors, in accordance with the provisions of article 36 of these statutes.

 

ARTICLE 29. Functions of the person holding the Presidency

 

The duties of the person holding the office of President shall be as follows:

1. a) To convene the General Assembly and the Board of Directors and to chair both.
2. b) To represent the organisation before all kinds of public and private bodies. Board
3. c) To ensure compliance with the statutes, the resolutions of the General Assembly and the of Directors.
4. d) To sign, together with the Secretary, the Minutes of the meetings of the club's collegiate bodies.
5. e) To draw up, together with the Board of Directors, the draft budget, the annual report and the annual accounts.
6. f) To carry out the functions and fulfil the duties that are proper to him/her, in accordance with these statutes.
7. g) To temporarily fill vacancies occurring on the Board of Directors.
8. h) To exercise its functions in disciplinary and sanctioning matters, under the terms provided for in these statutes.

 

ARTICLE 30. The Vice-Presidency

 

The Vice-Presidency shall be held by the person holding the office of Vice-President, who shall replace the person holding the office of Presidency in the event of absence, vacancy or illness of the latter, under the terms provided for in these statutes.

 

 ARTICLE 31. The Secretariat

 

1. The Secretary of the Club will be a person chosen by the Presidency from amongst the members of the Board of Directors and will act as Secretary of this body and of the General Assembly. He/she shall attend the meetings with the right to speak and vote.

 

2. He/she shall be responsible for issuing certifications with the approval of the Presidency, directing the administrative running of the Club, keeping the Club's books and the custody of its archives.

 

3. In the event of absence, vacancy or illness, he/she shall be replaced by the youngest member of the Board of Directors.

 

ARTICLE 32. The Treasury

 

1. The Treasurer of the Board of Directors shall be the custodian of the funds of the entity. The duties of the Treasurer's Office are as follows:-
2. a) To collect, safeguard and deposit the funds in the place and in the manner determined by the Board of Directors.
3. b) To make the payments authorised by the person holding the Presidency in the name of the entity, as well as to intervene in them.
4. c) To manage the accounts, as well as to keep and maintain the accounting books.
5. d) To sign current account documents with the person holding the Presidency.

 

2. In the event of absence, vacancy or illness, he/she shall be substituted by the first member of the Board of Directors.

 

3. If no provision has been made by the Board of Directors to fill the post of Treasurer, the duties of the Treasurer shall be exercised temporarily by the person holding the position of Secretary.

 

ARTICLE 33. Other members of the Board of Directors

 

Independently of their participation in the governance of the organisation as members of the Board of Directors, the members of the Board of Directors shall be able to carry out, under the mandate of the Board, to which they will propose their initiatives, the management of commissions for specific matters relating to the aims of the club.

 

ARTICLE 34. The Electoral Commission

 

The Electoral Commission is the body responsible for the promotion and control of the electoral processes for the governing and representative bodies.

 

CHAPTER IV  SYSTEM FOR THE ELECTION OF GOVERNING AND REPRESENTATIVE BODIES

 

ARTICLE 35. Election of the President and the Board of Directors

 

1. The person holding the Presidency and the Board of Directors of the entity shall be elected in a General Assembly, by means of free, equal, direct and secret suffrage, by and among the members of the Club.
2. The candidatures for the election of the Board of Directors, which shall be closed and complete, shall contain, in addition to the list of its members, the position that each person is to hold.

 

ARTICLE 36. Electoral procedure

 

1. The election of the President and the Board of Directors shall take place in the following cases:
2. a) Due to expiry of the term of office of the incumbent of the Presidency and of the Board of Directors.
3. b) By resignation or resignation, death, disqualification or incapacity of the person holding the Presidency who has headed the candidacy.
4. c) By a vote of no confidence in the incumbent of the Presidency approved at an Extraordinary General Assembly called for this purpose. The motion of censure must include a candidate for the Presidency of the club and the proposed composition of the Board of Directors. If the motion of censure is passed, the named candidate for the Presidency and the proposed Board of Directors will be understood to have the confidence of the General Assembly and their term of office shall be extended until the calling of the next scheduled round of the electoral process, which will take place at the end of the four- year period resulting from the previous elections.
5. d) Due to the calling of early elections by the person holding the Presidency of the Club. e) When, due to resignation or resignation, death, disqualification or incapacity, the Board of Directors has been reduced in such a way that it cannot duly exercise its functions.

 

2. The opening of the electoral procedure shall be agreed at an Extraordinary General Assembly held for this purpose. In any case, this resolution shall contain the composition of the Electoral Commission elected.

With the opening of the electoral procedure, the mandate of the incumbent of the Presidency and of the Board of Directors shall end and both bodies shall be constituted as a Management Board, except in the case laid out in section 36.1 b), in which case the Management Board shall be composed of the remaining members of the Board of Directors who have completed their term of office.

 

3. For these purposes, the person holding the Presidency of the entity will propose the opening of the electoral procedure by means of a communication to the members of the General Assembly, in such a way as to ensure the necessary dissemination and knowledge, will call this Extraordinary Assembly. The following points shall be specified in the call as items on the Agenda:
4. a) Electoral calendar which shall include:

 

• Call for the electoral process.
• Deadline for challenges to the census and their resolution.
• Deadline for the presentation of candidacies.
• Deadline for admission and proclamation of candidacies.
• Deadline for challenges and their resolution.
• Date of the Extraordinary General Assembly for the holding of elections and voting timetable.
• Deadline for claims against the voting and its incidences. Deadline for the resolution of claims and proclamation of the incumbent of the Presidency and the Board of Directors.

 

1. b) Election of the members of the Electoral Commission.
2. c) Election, where appropriate, of a Management Board to replace the Board of Directors during the electoral process.

 

ARTICLE 37. Bodies of the electoral process

 

The entirety of the electoral process are the Electoral Commission and the Electoral Table.

 

ARTICLE 38. Composition of the Electoral Commission

 

1. The General Assembly, on agreeing to the opening of the electoral process, shall elect three members of the same who are not going to present their candidacy to form the Electoral Commission as incumbents, and another three to substitute for the above. If any of them, after their appointment as members of the Electoral Commission, should decide to join any candidacy, they shall automatically cease to be members of the said Commission, and shall be replaced by the first of the substitutes.

 

2. The Presidency of the Electoral Commission shall be exercised by the oldest member and the Secretariat by the youngest.

 

3. Resolutions shall be adopted by a majority of the persons in attendance, with ties being resolved by the vote of the person holding the office of Chairperson.

 

ARTICLE 39. Functions of the Electoral Commission

 

The Electoral Commission is the body in charge of promoting, directing and controlling the electoral processes and shall have at least the following tasks:

1. a) Approving the electoral roll.
2. b) Admitting the candidacies.
3. c) Resolving challenges, claims and any incidents that may arise in relation to the development of the electoral process.
4. d) Proclaiming and publishing the winning candidacy on the club's website in a prominent place, and failing that, on the club's bulletin board.

 

ARTICLE 40. Requirements for candidatures

 

1. The requirements to be a candidate are as follows:
2. a) To be of Spanish nationality or to be a resident foreigner.
3. b) To have reached the age of majority.
4. c) The person must be in full use of his civil rights and not be subject to a disciplinary sanction that disqualifies him/her.
5. d) Be a member of the Assembly with a minimum of one year's uninterrupted seniority in the club (except in the case of the constitution of the entity).
6. e) Not to be a member of the Board of Directors of another sports club of the same modality.
7. f) To present the candidature with the endorsement indicated below, attaching a written acceptance of all the candidates who are members of the club.

 

2. The candidatures shall be presented to the Electoral Commission in closed and complete lists, specifying the position for which each person included in the list is standing, in accordance with the provisions of these statutes, with the following information.

The members of the Assembly who endorse the candidacies shall state their full name and surname together with their signatures.

No one may present or endorse more than one candidacy. In the event of duplicate signatures, they shall be considered as not having been submitted.

 

3. If there is no candidature, or if those presented do not meet the established requirements, the Management Board shall continue in its functions and, with the agreement of the Electoral Commission, shall formalise, within a minimum of 15 days and a maximum of 30 days, a new electoral calendar.

 

 

 

 

ARTICLE 41. Right to vote

 

In the election of the President and the Board of Directors, members of the General Assembly, over 18 years of age, who have the capacity to act, have the right to vote.

 

ARTICLE 42. The Electoral Table

 

1. Once the Extraordinary General Assembly has been constituted for the election of the person holding the Presidency and the Board of Directors of the entity, a draw shall be made by lot among the members of the Assembly who are not members of the who do not form part of any candidacy, for the designation of the three persons who will compose the members of the Electoral Table.

 

2. The Election Table shall then be constituted and shall be presided over by the oldest of the elected members. The function of Secretary will fall to the youngest.

 

3. The functions of the Electoral Table are as follows:
4. a) To verify the identity of the voters.
5. b) To collect the ballot papers and to deposit them in the ballot box prepared for this purpose, which shall be duly closed.
6. c) Drawing up, through the person in charge of the Secretariat, the corresponding minutes, in which the number of voters, the number of valid votes cast, invalid votes, the result of the vote and any incidents and complaints that may arise.
7. d) Forward a copy of the minutes within 24 hours to the Electoral Commission.

 

4  In the case of telematic or remote voting, the functions provided for in paragraphs a) and b) shall be carried out by electronic means.

 

 ARTICLE 43. Voting

 

1. In the event of there being only one candidate, who meets the established requirements, the members shall be proclaimed as holders of the Presidency and members of the Board of Directors, without the need to constitute the Assembly and vote. When there are several valid candidacies, the elections shall be held in the manner foreseen in the following paragraphs.

 

2. Voting shall be by free, equal, direct and secret ballot of the members of the Assembly with the right to vote on single-size ballot papers provided by the Electoral Commission, or by electronic remote voting system.

 

3. As the candidacies are closed and complete, the voters shall choose any one of them in their entirety. The votes cast shall be invalid if they do not comply with this determination.

 

4. The members of the Electoral Commission and of the Presiding Committee shall exercise their right to vote last.

 

5. Once the voting has been completed, the votes shall be counted in the presence of the representatives or intervening persons of each of the representatives or scrutineers of each of the candidacies that have made use of this right. The Chairperson of the Presiding Committee shall read out the results of the vote. The candidate obtaining the highest number of votes shall be elected. In the event of a tie between two or more candidates, a second ballot shall be held between them, and so on until one of the candidates has obtained the highest number of votes.

 

6. The minutes referred to in section 3.c) of the previous article shall be drawn up by the Secretary of the Polling Station Committee, who shall sign them together with the Chair and the representatives of the candidates. These minutes shall be sent to the Electoral

Commission.

 

ARTICLE 44. Claims and proclamation of the incumbent of the Presidency and of the Board of Directors

 

1. Complaints and incidents relating to the conduct of the voting and the counting of the votes shall be decided by the Election table, which shall record its decision in the minutes. Complaints that are not upheld by the Election Table may be taken before the Election Commission, whose decisions may be challenged in accordance with the regulations in force.
2. Once the electoral process has been concluded, the elected candidature shall be displayed in the physical and electronic headquarters of the entity. The successful candidate shall be communicated, where appropriate, to the corresponding Federation and to the Directorate General responsible for the responsible for sports entities of the Andalusian Regional Government.

  

ARTICLE 45. Term of office of the Board of Directors

 

1. The term of office of the elected Board of Directors, which shall coincide with that of the person holding the Presidency, shall be 4 years and the members may be re-elected. The person holding the Presidency may also be re-elected without limitation of the number of terms of office, unless the General Assembly of the club establishes the rule of limited terms of office, by agreement adopted by the absolute majority of its members.

 

2. During the term of office of the Board of Directors, the person holding the Presidency, in the event of vacancies, may appoint substitutes who must be ratified at the following General Assembly. If the Board of Directors so accepts, the number of its members may be increased or decreased, always within the statutory limit, with subsequent ratification by the General Assembly.

 

 

 

 

CHAPTER V-SYSTEM OF RESPONSIBILITY OF DIRECTORS AND MEMBERS OF THE CLUB

 

ARTICLE 46. Responsibility of officers and members

 

The director and members of the club, without prejudice to that established in the present Statutes disciplinary and sanctioning regime, will be responsible for injuries and damages caused to the club by acts that are contrary to the law or its Statutes, or carried out without the minimum diligence or care required, whether in the performance of their duties or in their mere capacity as a member, in accordance with current legislation.

 

ARTICLE 47. Responsibility for the adoption of resolutions

 

The persons holding executive positions in the club will be responsible for the legal agreements that have been adopted by the Club bodies in which they participate, provided that the decision adopted has had their approval.

 

CHAPTER VI - DISCIPLINARY AND SANCTIONING REGIME

 

ARTICLE 48. Infringements and penalties

 

1. The members of the club may be sanctioned for non-compliance with the obligations derived from the present statutes and other norms of the club, or for infringing the agreements of its bodies.

 

2. These disciplinary sanctions may consist of a reprimand, total or partial suspension of their rights for a period of time proportional to the seriousness of the offence committed, removal from office in the governing and administrative bodies of the club, loss of membership, or expulsion from the club.

 

3. The imposition of the sanction of loss of membership status shall only be applicable for the very serious offences. The offence shall be classified as such in the following cases:
4. a) When deliberately and repeatedly impeding or hindering the fulfilment of the social aims, causing serious harm to the Club.
5. b) When deliberately and repeatedly obstructing and disrupting the functioning of the governing or management bodies of the club.
6. c) When the illicit conduct of a member of the club is considered especially reprehensible due to the seriousness of its consequences for the club.

 

ARTICLE 49. Sanctioning body

 

1. Sanctions will be imposed on members of the club by agreement of the holder of the Presidency in the case of removal from office in the governing and administrative bodies of the club, in accordance with the provisions of these statutes, or by agreement of the Board of Directors in all other cases, following the corresponding proceedings, in which the person concerned must be heard.

 

2. When the sanction consists of the loss of membership or the removal from office in the governing and administrative bodies of the club it must be ratified or revoked by the first General Assembly held after the imposition of the sanction.

 

3. An appeal may be lodged against the resolutions imposing sanctions before the first General Assembly to be held after the imposition of the sanction.

 

ARTICLE 50. Penalty proceedings

 

1. The person holding the Presidency may order the person holding the Secretariat, prior to the commencement of proceedings, to open a preliminary investigation to determine the conduct that may be punishable. In the light of this, the person in charge of the Presidency shall order the following: to close the proceedings or to initiate disciplinary proceedings.

 

2. Once the proceedings have been opened, the person in charge of the Secretariat shall send a letter to the interested party, in which he or she shall be informed of the charges against him or her, and may present allegations, in defence of his or her right, within a period of fifteen working days.

 

3. Once the allegations have been presented or the period for doing so has elapsed, the Secretary shall transfer the file to the Board of Directors so that it may adopt a resolution on the matter. A favourable vote of two thirds of its members is required when the sanction of loss of membership of the club is imposed. In the event of removal from office in the governing and administrative bodies of the club, the agreement will be adopted by the person holding the Presidency, having heard the Board of Directors. Chave

 

4. The resolution adopted will be notified to the person concerned, informing him/her that

he/she may lodge an appeal before the General Assembly within fifteen working days, which shall be resolved at the next meeting to be held.

 

CHAPTER VII - OUT-OF-COURT CONCILIATION

 

ARTICLE 51. Subject matter of the conciliation

 

1. Any disputed question of a sporting-legal nature of an internal nature, which concerns matters of free disposition in accordance with the law, arising between the members of the club, may be the subject of extrajudicial conciliation and voluntarily submitted to the Conciliation Committee.

 

2. Matters that affect the sports sanctioning system and other matters that, in accordance with the law, may be submitted to the Conciliation Committee, shall not be subject to conciliation and those others which, in accordance with current legislation, refer to very personal rights that are not subject to free disposal.

 

ARTICLE 52. The Conciliation Committee

 

1.The Conciliation Committee will be made up of the person holding the Presidency and two members, with the appropriate and specific training in the matter, who shall be appointed, with an equal number of substitutes, by the General Assembly for a period of four years.

2. Its functions shall be to promote the resolution of any internal conflicts that may arise, through conciliation between the parties, adopting such measures as will guarantee the principles of contradiction, equality and hearing in the conciliation procedure and the voluntary execution of its resolutions.

 

ARTICLE 53. Request for conciliation

 

Any person who expresses his wish to submit a dispute to conciliation before the Conciliation Committee, must expressly so request in writing to the Conciliation Committee, stating the facts on which it is based and the legal grounds on which it may be based, as well as the proposed evidence and the claims made in the application. That statement shall be accompanied by a document stating unequivocal desire to submit to out-of-court conciliation.

 

ARTICLE 54. Response to the request for conciliation

 

The Conciliation Committee, once it has received the request, shall forward it to the parties involved so that, within a period of fifteen working days, they may submit a reply. The reply shall contain, in acceptance of the conciliation with the express mention of submission to the decision that may be handed down, claims, pleadings, allegations and where appropriate, the relevant evidence arising from the issues or, on the contrary, opposition to the conciliation. In the latter case, the proceedings shall be the proceedings shall be terminated.

 

 ARTICLE 55. Disqualification of the members of the Conciliation Committee

 

The members of the Conciliation Committee may be disqualified for just cause. If the challenge, which shall . be decided by the Committee itself, is accepted, the challenged persons shall be replaced by their alternates. The new appointments shall be notified to all persons involved in the conciliation procedure.

 

ARTICLE 56. Taking of evidence and hearing

 

1.Once the defence has been received without any objection to the conciliation proceedings, the Conciliation Committee shall then proceed to assess the statements of claim and defence, take such evidence as it deems appropriate, and summon all the parties so that, in a hearing, held in person or remotely, to present their arguments and provide the evidence they deem appropriate.

2. At this hearing, which shall be moderated by the person holding the office of Chairman of the Conciliation Committee, the parties shall be given the opportunity to present their case.

 

ARTICLE 57. Resolution

 

1. Within twenty days of the holding of the previous meeting, the Conciliation shall issue a decision in the case in question.

Committee

 

2. The conciliation decision shall be enforceable and shall be complied with within ten working days of its notification.

 

ARTICLE 58. Duration of the procedure

 

The conciliation procedure shall have a maximum duration of two months, without prejudice to its extension by express agreement of all parties.

 

CHAPTER VIII - ECONOMIC-FINANCIAL, BUDGETARY AND ASSETS

 

ARTICLE 59. Assets of the Club

 

The assets of the Club shall consist of:

 

1. a) The dues and other financial contributions of the members, approved by the General Assembly in accordance with these statutes.
2. b) Donations, subsidies, sponsorships or any other extraordinary income received.
3. c) The economic benefits resulting from the activities of the Club.
4. d) Income, benefits or interest from its assets.
5. e) Movable or immovable property, securities and other rights that appear in the name of the entity.

 

ARTICLE 60. - Economic regime

 

The entity is subject to its own budget and assets with the following limitations:

1. a) It may only use its assets for industrial, commercial, professional or service purposes, or engage in activities of the same nature, provided that any income is applied entirely to the pursuit of its corporate purpose. Without in any circumstances distributing profits among its members, although it may reduce the amount of the members' contributions or quotas or membership fees or provide benefits related to the object of the club when the general income and revenues permit, with sufficient accounting justification.

 

1. b) The entire income of the entity must be applied to the fulfilment of its corporate purpose.

 

1. c) The institution may encumber and dispose of its assets, borrow money and issue transferable securities representing debt or equity, provided that the following conditions are met:

Such operations may not jeopardise the assets of the entity or the physical- sporting activity that constitutes its corporate purpose.

                The securities shall be registered and intended for the club's members.

 

CHAPTER IX - DOCUMENTARY AND ACCOUNTING SYSTEM

 

ARTICLE 61. Documentary and accounting system

 

1. The documentary and accounting system of the entity shall consist of the following books: Register of Members, Minute Book and Accounting Book.
2. The entity's books must be previously certified by the Andalusian Register of Sports Entities, and shall be deposited at the registered office of the sports club, and shall be available for consultation by the members.
3.  Members may request to consult any of the books, by writing or sending an e-mail to the Secretary of the club, without the need to justify the reason for the request. The request may only be refused, with reasons, if the interested party has requested the same consultation before the expiry of a period of six months. The request must be expressly answered, in writing or by e-mail addressed to the applicant, within a maximum of 10 days from the day following its submission.

 

ARTICLE 62. Register of Members

 

1. The Members' Register Book shall contain the name and surname of the members, sex, National Identity Card or passport number, membership number and, where applicable, the positions of representation, governance and administration they hold in the entity. It shall also specify the dates of membership and termination of membership, as well as the dates on which members take up and cease to hold the aforementioned positions.

 

2. Access to the Register of Members shall always be made in such a way as to guarantee respect for the provisions established in the regulations governing the protection of personal data

 

ARTICLE 63. Minute Book

 

The Minutes Book shall record all the minutes of the meetings held by the General Assembly, as well as those of the Board of Directors and the other collegiate bodies of the organisation, stating the date, persons attending, matters dealt with and resolutions adopted, as well as the results of the votes. The minutes shall be signed in all cases by the person holding the office of President and the person holding the office of Secretary.

 

ARTICLE 64. Accounting Book

 

The Accounting Book shall necessarily contain an extract of the annual budgets of the sports club, with a list of the income and expenditure of the club for each financial year.

 

CHAPTER X - SYSTEM FOR AMENDMENT OF THE ARTICLES OF ASSOCIATION AND DISSOLUTION OF THE ORGANISATION

 

ARTICLE 65. Amendment of the Articles of Association

 

1. These bylaws may only be amended by resolution of the Extraordinary General Assembly called for this purpose, by means of a favourable vote of the absolute majority of the members of the Assembly.
2. The reform of these statutes shall be communicated to the Andalusian Register of Sports Organisations for registration.

 

ARTICLE 66. Dissolution of the club

 

1. The entity shall be extinguished or dissolved for the following reasons:
2. a) By resolution of its General Assembly, called for this purpose at the initiative of the Board of Directors, or at the request of at least twenty-five per cent of the members, with the express inclusion of this point on the agenda. The decision shall require a two-thirds majority of those present, representing the absolute majority of the members.
3. b) By final judicial decision.
4. c) In the other cases provided for in the applicable regulations.

 

2. The extinction or dissolution of the entity must be communicated to the General Directorate competent of the Junta de Andalucía, for the cancellation of its registration in the Andalusian Register of Sports Entities.

 

ARTICLE 67. Destination of the net assets

 

Once the entity has been dissolved, the net assets, if any, shall be applied to non-profit making purposes of a sporting nature.

 

FINAL DISPOSITION

 

In any case, the provisions of Law 5/2016, of 19 July, on Sport in Andalusia, in Decree 41/2022, of 8 March, which regulates the Sports Entities of Andalusia and which establishes the structure and operating regime of the Andalusian Registry of Sports Entities, and other provisions.