RCMS STATUTES

CHAPTER I – GENERAL PROVISIONS

With the name of REAL CLUB MARÍTIMO SOTOGRANDE (R.C.M.S.) a sports club with its own legal personality and capacity to act is established in SOTOGRANDE, SAN ROQUE (CÁDIZ), whose main objective is the promotion and practice of physical and sporting activity, without of profit.

The REAL CLUB MARÍTIMO SOTOGRANDE has as its main purpose the promotion, among its Members, of the following physical and sporting activities:

The practice of the sport of sailing, in all its forms, with preferential attention to dinghy sailing and cruising sailing.

  1. Cruise and competition motor boating.
  2. The promotion and teaching among Members of sea sports.
  3. The organization of regattas and competitions at local, regional, national and international levels.

In addition to the sports and activities indicated as the main objective, other sports and activities determined by the governing bodies will be promoted among its Members.

These are complementary activities that the Club intends to develop: the creation of a climate of coexistence and harmony among its Members, the development of cultural and artistic activities, the convening of workshops, and everything that results in the good end of the Association, enabling it to do so. the appropriate premises and, even, accommodation for the Members and, in general, for the sailors who use the Sotogrande Marina, under the conditions determined for such use by the Board of Directors.

The Club has its domicile and headquarters in Sotogrande, San Roque, province of Cádiz, (Spain), within the grounds of the SOTOGRANDE Marina.

            In the case of a change of address, it will be communicated to the General Directorate of Sports Activities and Promotion of the Junta de Andalucía.

The REAL CLUB MARÍTIMO SOTOGRANDE has the National territorial scope, without giving up its links to international organizations.

The foundation of the Association is for an unlimited period, beginning its activities once these Statutes are approved.

            The Company has its own legal personality and full capacity to act through its legitimate representatives, governed by the provisions of Law 6/1998, of December 14, on Sports, in Decree 7/2000, of January 24, of Andalusian Sports Entities and provisions that develop them, in these statutes, in their regulations and other provisions and in the statutes and regulations of the sports federations to which, where appropriate, they are affiliated, without prejudice to the provisions of the regulations. regulator of the right of association.”

CHAPTER II – THE MEMBERS

            Member status is acquired when the person who has requested it meets the requirements set by the board of directors and their request is approved by it.

The Members can be:

A. Of Honor
B. Founders
C. Numeraries
D. Temporary
E. Family members
F. Applicants
G. Sporty

 

Honorary Members are those people who, due to their social position or services provided to the Club, are appointed as such by the General Meeting at the proposal of the Board of Directors.

Honorary Members will enjoy a preferential position in the protocol of the Club's official events.

Honorary Members will only be exempt from paying social dues. They may not be part of the Board of Directors, nor will they have any voice or vote in the Company, unless they are Full Members. Your family members will be able to attend the Club freely.

However, if, upon termination of the cause for which you are granted the status of Honorary Member, you request entry into the Club as a Numerary Member, which will be processed in the manner provided for in these regulations, you must pay the corresponding fee in your moment, except for the entry.

 

 

The Founding Members are those who, being Full Members, attended as such to the founding of the Club.

They are those who, upon request, acquire such status upon being admitted by the Directors Board, under the conditions established for this purpose.

The denial decision of the Directors Board is final, although the applicant may request admission again after six months from notification of the resolution.

They are those who only access the status of Partner for a certain period of time, meeting the conditions established by the Directors Board.

-The spouses and children of the Full Members will be Family Members; the latter until the age of 16, when they will become Aspiring Members. They will also be those family members who live with the Full Member at their expense.

The widowed spouses of Full Members will also enjoy this category. But if they wish, they may request their transfer to the category of Full Member, maintaining that which corresponded to the deceased spouse, and being exempt from paying any type of entry fee.

In cases of de facto separation, judicial separation, annulment of the marriage bond, or divorce, Family Members, if they so request, in the manner established by law, may become Full Members with the rights and duties inherent to them. being exempt from paying the entrance fee. Otherwise they will be excluded from the Club.

 

The Aspiring Members, automatically and with retroactive effect if applicable, are the children of Full Members over sixteen years of age and non-emancipated children under 24 years of age, with the rights and obligations determined by the Board of Directors.

Relatives of Full Members, other than children, within the indicated ages, who live with him at his expense, may be admitted as such.

Aspiring Members may become Full Members, without paying the entry fee, upon reaching the age of twenty-four, or if they have reached the age of majority and request it.

 

–Those non-members who, due to their proven aptitude for practicing sailing or another sport practiced in the Club, the Directors Boards determines can be considered Sports Members with the rights and obligations that it establishes.

11– – The Club has the duty to make the federated athletes of its staff available to the corresponding Sports Federation, in order to integrate the Andalusian sports teams, in accordance with the Andalusian Sports Law and provisions that develop it and in the statutory conditions of the sports Federations.

2 – Likewise, the Club will make its federated athletes available to the Federations, with the purpose of carrying out specific programs aimed at promoting their sporting development.

 

The maximum number of Full Members will be unlimited in principle, with the sole condition that the social or sporting ties that link them with the people who constitute the Entity are maintained.

The Directors Board may, however, suspend the temporary admission of new Members when the lack of space or capacity of the facilities so advises.

The Directors Board is the body in charge of granting or denying admission requests, and they must adapt to the requirements established for each modality.

 

 Members will enjoy, by the mere fact of being members, the following rights:

  1. Contribute to the fulfillment of the specified purposes of the Club.
  2. Require that the Club's actions comply with the provisions of the Statutes and current regulations, especially the Sports Law.
  3. Freely express their opinions within the Association, always respecting others.
  4. In the case of Full Members, be a voter and eligible for the Representative and Government Bodies.
  5. Use the facilities and services of the Club in accordance with the Internal Regime Regulations and with the provisions of the Directors Board.
  6. Know their activities and ask the Secretary to examine the documentation.
  7. Freely separate from the Entity.
  8. Members who own boats are required to use their pennant, and are even obliged to use it in regattas to the exclusion of any other.
  9. Complain to the corresponding bodies against the decisions of the club's management bodies.

 

  1. Members, by virtue of their membership in the Association, are obligated to:
  2. To respect these Statutes, and internal regulations approved by the governing bodies.
  3. To the timely payment of the established ordinary and extraordinary fees.
  4. To comply with the Agreements adopted by the Board of Directors and the General Assembly.
  5. To promote the sport of sailing or any other sport recognized by the Club.
  6. To proper use of facilities and services.
  7. To respect the rest of the Members and staff of the Club.
  1. Members are responsible to the Club for any damage or deterioration that may occur in the facilities, and are obliged to pay for the corresponding repairs.
  1. The club's federated athletes also have the obligation to attend the Andalusian sports teams.

 

The principle of equality of all associates is established, without discrimination based on race, sex, religion, ideology or any other personal or social condition or circumstance.

 

Membership of the REAL CLUB MARÍTIMO SOTOGRANDE is lost:

1.- By the Member's own will, requesting withdrawal in writing from the Directors Board.

  1. Due to non-payment of the established social contributions, the resolution of withdrawal must be taken by the Directors Board.
  1. As a disciplinary measure, based on serious offenses, by agreement of the Directors Board, adopted, after hearing the interested party.

 

CHAPTER III – REPRESENTATION, GOVERNMENT AND ADMINISTRATION BODIES

The representation and government of the REAL CLUB MARÍTIMO SOTOGRANDE is entrusted to the following bodies:

  1. Directors Board
  2. The General Members Assembly

The main purpose of the REAL CLUB MARÍTIMO SOTOGRANDE is to promote, among its Members, the following physical and sporting activities:

It is the executive governing body of the Club, and will be made up of at least the following positions:

  • PRESIDENT
  • VICEPRESIDENT
  • TREASURER
  • SECRETARY
  • ONE VOCAL for each of the federated sports sections. por cada una de las secciones deportivas federadas.

The maximum number of members of the Board is twenty, in accordance with the provisions of the Law.

The Directors Board will have the following functions:

  1. Call the General Assembly through its President when he deems it necessary or as indicated in the Statutes, executing the agreements and decisions of the same.
  2. Maintain order and discipline in the Club, and in any regattas or competitions organized, in accordance with the Statutes.
  3. Establish the conditions and forms of new Mambers.
  4. Propose to the General Assembly the entry and periodic fees that must be paid.
  5. Prepare, and where appropriate reform, the Internal Regime Regulations, establishing the rules for the use of the facilities and the appropriate rates.
  6. Appoint the members of the different commissions that are created.
  7. Hire and fire personnel, displaying their address.
  8. Prepare an inventory and annual balance sheet, as well as the Report for submission to the General Assembly.
  9. Apply all sporting, economic and administrative measures for the operation of the Club, and the fulfillment of its purposes.
  10. Grant general power for lawsuits in favor of Lawyers and Attorneys.
  11. Carry out acts of domain not reserved for the General Assembly.
  12. Borrow money to finance the annual Budget, within legal limits.
  13. In short, manage the Club in its broadest sense.
  1. The Directors Board will be convened by its President at least two days in advance of its holding date. The President must convene the Meeting when a third or more of its members request it.
  1. It will be validly constituted in the first call, when the majority of its members attend. In the second call, the attendance of at least one third of its members, and, in any case, of the President or Vice President, will be sufficient.
  1. It will also be validly constituted when all its members are present and decide to meet even if there has been no prior call.
  1. When the technical means allow it, the Directors Board may meet audiovisually in the aforementioned terms.

The agreements of the Directors Board will be adopted by majority vote, with the President having, in the event of a tie, the casting vote.

The President holds the legal representation of the Club before all types of public and private authorities and organizations, and is obliged to perform the following functions:

  1. Preside over and direct the debates of the General Assemblies, the Directors Board, and all the Commissions that are created.
  2. Execute the agreements validly adopted by the Assemblies and Directors Board.
  3. Authorize the documents and Minutes of the Association with your signature.
  4. Ensure the proper fulfillment of the Club's purposes.
  5. Convene the Board of Directors and the General Assembly.

The Vice President will be responsible for replacing the President due to absence or illness, with the same powers.

It is the person who is in charge of the Club's funds, keeping the accounting books for this purpose, or by hired personnel. It will order and carry out collections and payments, which will not proceed if they are not included in the budget or approved by the Board of Directors; will issue the receipts that must be paid to the Partners, and must periodically present to the Board of Directors a detailed account of the economic situation.

It is up to the Secretary:

  1. Keep the Minute Books and write the agreements adopted by the Assembly and the Board of Directors.
  2. Keep the Membership Book.
  3. Dispatch correspondence in agreement with the President.
  4. Issue certifications with the approval of the President.
  5. Safeguard the books of the Associations.
  6. Be a member of the Electoral Board

The Board of Directors may designate a person who, with the name of Commodore, coordinates and directs the nautical activities of the Club, with the powers conferred upon him by the Board of Directors. The organization of the regattas will be under his supervision, and he will also be in charge of the participating and auxiliary boats.

The position of Commodore may be held by any person, whether or not they are Members. In the case of falling to a member of the Board of Directors, the position will be computable with any other person who holds on said Board. The Commodore who is not a Full Member may attend the General Assemblies, but without the right to vote.

The election of the President and the Directors board will take place in the following cases:

  1. Due to expiration of the mandate of the President and the Board of Directors.
  2. By resignation or resignation, death or incapacity of the President who led the candidacy.
  3. By vote of no confidence in the President approved in an Extraordinary General Assembly convened for this purpose, at the request of at least ten percent of its members, by an absolute majority of them.
  4. When, due to resignations, death or incapacity, the Board of Directors has been reduced in such a way that it cannot properly carry out its functions.

The election of the members of the Board of Directors will be carried out for a period of four years.

The Board of Directors will establish the date on which the election will take place, also setting the remaining deadlines into which the electoral process is divided and which, at a minimum, will be the following:

  • 5 days to submit applications.
  • 2 days for publication and presentation of objections.
  • 2 días para la resolución de las impugnaciones.
  • And the remaining days until the election is to be held, for advertising and candidacy propaganda.

When the day of the election arrives, it will be carried out in accordance with the rules that may have been established in general regarding ballots, time of celebration, presence of auditors, representation of candidates, etc. Once the election and scrutiny are over, it will be published on the notice board, giving a period of 5 days for possible challenges that, resolved or concluded, will determine the completion of the electoral act or acts, then giving a period of no more than fifteen days for the inauguration of the new elected Board.

No more than 15 days may elapse between the call and the date of the election.

  • Candidates for the Board of Directors will be endorsed by at least 10% of the members of the Society, stating for this purpose the name and surname of the candidates, acceptance and sports history. The members who endorse the candidacy will record their personal identification below their signature.
  • Candidates for members of the Club's Board of Directors must be Full Members with a minimum seniority of one year, be in full use of their civil rights and not be disqualified by disciplinary sanction.
  • Once the General Assembly is called for the renewal or election, if applicable, the Board of Directors, an Electoral Table and an Electoral Board will be constituted, with three regular members and three substitute members each. The Electoral Board will preside over the election and the Electoral Board will be the authorized body to resolve any issues and incidents that affect the process until its completion.
  • When there are several candidates, the election will be held on the day designated for this purpose. When there is no more than one candidacy, it will be automatically proclaimed.

The resolutions of the Electoral Board will be appealable before the Electoral Board, and those of the latter before the competent bodies.

  • Proclaimed or elected, if applicable, the corresponding Board of Directors, it will be communicated to the corresponding Federation and to the General Directorate of Sports Activities and Promotion of the Ministry of Tourism and Sports of the Government of Andalusia.

The presentation of any appeal or challenge will not suspend the contested acts.

Exceptionally, the Board of Directors designated by the founders of the Company may be replaced in whole or in part once eighteen months have elapsed since the founding, provided that the General Assembly of Members so decides, and its members may be re-elected. In this exceptional case, sections 2) and 5) of this article will not be effective.

It is the supreme governing body of the Club, being made up of all Numerary Members with the right to vote, who are up to date with their obligations.

 

 1- General Assemblies, both ordinary and extraordinary, will be validly constituted on first call when the majority of the Associates attend, present or represented. In the second call, the attendance of a quarter of the Members will be sufficient; and in the third call it will be established, regardless of the number of Members attending. When the technical means allow it, Full Members connected audiovisually may attend the meeting. The Board of Directors, through the notice of call, will determine the rules to follow in this case.

  1. The General Assemblies will be called by the President at least fifteen calendar days in advance of their date of celebration, and an announcement, including the agenda, must be posted on the Club's notice board, with the Board of Directors being empowered to, if it deems appropriate, send personal communication to the Partners or announce it in the press.

In the call for the first session, the date and time of the second and third sessions may be indicated, if applicable, with a minimum of 24 hours between each date and time.

  1. The call will be made by the President on his own initiative, at the request of the board of directors, or at the request of ten percent of the Full Members.

 

  1. The President of the General Assembly will be the one who is the President of the Board of Directors or, failing that, the Vice President and the one who is the Secretary of the latter or, failing that, the person designated in the act will act as Secretary. The Board of Directors will act as the Presidential Table in the General Assemblies.
  2. The President will direct the debates and maintain the order of the sessions, adjusting to the Agenda; will grant and reiterate the floor to the Members, and may limit the number of interventions for or against each of the proposals or amendments that are presented as well as the duration of the debates.
  3. The resolutions of the General Meeting will be taken by a simple majority of votes of those attending.
  4. The favorable vote of two-thirds of the Full Members will be required in the event of encumbrance or transfer of real estate, statutory modifications or dissolution of the entity.
  5. In the event of a tie, the President has the casting vote.

 

The Ordinary General Assembly will meet at least once a year to discuss the following matters:

  1. Report, budget settlement, balance sheet for the year, accountability and approval if applicable.
  2. Budget for the exercise.
  3. Projects and proposals of the Board of Directors.
  4. Proposals formulated by the Partners and that must be signed by at least five percent of them.
  5. Requests and questions.

The General Assembly will meet on an extraordinary basis to modify the Statutes, elect the Board of Directors, borrow money in an amount greater than fifty percent of the regular annual budget, issue transferable titles representing debt or an aliquot of equity, alienation of real estate and fixing of Members' fees.

Each Full Member has the right to one vote.

The right to vote may be exercised through another partner. The Delegation of the vote, which can only be made for a specific Assembly, must be made in writing addressed to the Board of Directors, and may be presented to it at the beginning of the General Assembly.

The vote may be exercised by ordinary mail, as well as by email with a recognized electronic signature, in the time and manner determined by the notice of call.

CHAPTER IV – SPORTS SECTIONS

The Board of Directors, when it deems it of interest, due to requiring greater dedication to a sporting modality or another activity of the Club, may create one or several special sections delimiting their functions and powers.

CHAPTER V – ASSETS AND FINANCIAL REGIME

At the time of its constitution, the REAL CLUB MARÍTIMO SOTOGRANDE has no founding assets, although it has the following to fulfill its purposes:

  1. With the financial contributions of the Partners approved by the General Assembly.
  2. Subsidies and donations you receive.
  3. Fees for your various services.
  4. The Association is subject to the regime of its own budget and assets, and if profits are obtained, they will be applied entirely to the fulfillment of its social purposes, without, in any case, being able to be distributed among its Associates.
  5. Members can learn about the economic situation of the Club through the information periodically provided by the governing bodies.

The Club may encumber and dispose of its real estate, borrow money, issue transferable securities representing debt or an equity share, provided that such acts do not irreversibly compromise the assets of the Entity or the physical-sports activity that constitutes its assets. corporate purpose, and the requirements set forth in the Statutes and current provisions are met.

In the event that the REAL CLUB MARÍTIMO SOTOGRANDE issues titles, the following requirements must be met:

  1. The debt securities or equity share securities will be nominative.
  2. They will be registered in a book that will be kept for this purpose, and in which successive transfers will be noted.
  3. Each title will include the face value, the date of issue and, where applicable, the interest and amortization period.
  4. Issuances of released securities may not be authorized.
  5. They may only be subscribed by the Associates of the REAL CLUB MARÍTIMO SOTOGRANDE, their possession not conferring any special rights over the rest of the Members, except the perception of the interests established in accordance with current legislation.
  6. The titles will be transferable under the conditions established in each case by the General Assembly.

The following are part of the Club's documentary and accounting regime, under the custody of the Secretary:

  1. The Member Registration Book, which must include their names and surnames, national identity document, positions, registrations and cancellations.
  1. The Books of Minutes, in which those corresponding to Assemblies and Boards of Directors will be recorded, with expression of dates, attendees, matters discussed and agreements adopted, signed, in any case, by the President and the Secretary.
  1. The Accounting Books.
  1. The Balance Sheet and the Income and Expense accounts, to be formalized in the first month of each year, and which will be made known to the Associates.

CHAPTER VI – REFORM OF STATUTES

The total or partial modification and repeal of these Statutes will require the favorable agreement of two thirds of the Full Members (attending) at the Extraordinary General Assembly convened for this purpose.

The reform of the Statutes will follow, with respect to the registration of Sports Associations, the same administrative procedures as for its approval.

CHAPTER VII – DISCIPLINARY REGIME

In matters of discipline, the REAL CLUB MARÍTIMO SOTOGRANDE is subject to the provisions of Title VII of Law 6/1998, of December 14, on Sports and other applicable regulations, and may include in its Internal Regulations formulas for extrajudicial conciliation for the resolution of internal conflicts, in accordance with the provisions of articles 85 and 86 of Law 6/1998, of December 14, on Sports.

CHAPTER VIII – DISSOLUTION

The REAL CLUB MARÍTIMO SOTOGRANDE will be extinguished:

  1. By decision of the General Assembly, convened on an extraordinary basis, with the attendance of two thirds of the Full Members.
  2. By court ruling.
  3. For other causes determined by Law.

Once the Association is dissolved, the net assets, if any, will be used for sports purposes.

In any case, the provisions of Law 6/1998, of December 14, on Sports, Decree 7/2000, of January 24, on Sports Entities and its development provisions will be followed.

CHAPTER I – GENERAL PROVISIONS

With the name of REAL CLUB MARÍTIMO SOTOGRANDE (R.C.M.S.) a sports club with its own legal personality and capacity to act is established in SOTOGRANDE, SAN ROQUE (CÁDIZ), whose main objective is the promotion and practice of physical and sporting activity, without of profit.

The REAL CLUB MARÍTIMO SOTOGRANDE has as its main purpose the promotion, among its Members, of the following physical and sporting activities:

The practice of the sport of sailing, in all its forms, with preferential attention to dinghy sailing and cruising sailing.

  1. Cruise and competition motor boating.
  2. The promotion and teaching among Members of sea sports.
  3. The organization of regattas and competitions at local, regional, national and international levels.

In addition to the sports and activities indicated as the main objective, other sports and activities determined by the governing bodies will be promoted among its Members.

These are complementary activities that the Club intends to develop: the creation of a climate of coexistence and harmony among its Members, the development of cultural and artistic activities, the convening of workshops, and everything that results in the good end of the Association, enabling it to do so. the appropriate premises and, even, accommodation for the Members and, in general, for the sailors who use the Sotogrande Marina, under the conditions determined for such use by the Board of Directors.

The Club has its domicile and headquarters in Sotogrande, San Roque, province of Cádiz, (Spain), within the grounds of the SOTOGRANDE Marina.

            In the case of a change of address, it will be communicated to the General Directorate of Sports Activities and Promotion of the Junta de Andalucía.

The REAL CLUB MARÍTIMO SOTOGRANDE has the National territorial scope, without giving up its links to international organizations.

The foundation of the Association is for an unlimited period, beginning its activities once these Statutes are approved.

            The Company has its own legal personality and full capacity to act through its legitimate representatives, governed by the provisions of Law 6/1998, of December 14, on Sports, in Decree 7/2000, of January 24, of Andalusian Sports Entities and provisions that develop them, in these statutes, in their regulations and other provisions and in the statutes and regulations of the sports federations to which, where appropriate, they are affiliated, without prejudice to the provisions of the regulations. regulator of the right of association.”

CHAPTER III – REPRESENTATION, GOVERNMENT AND ADMINISTRATION BODIES

The representation and government of the REAL CLUB MARÍTIMO SOTOGRANDE is entrusted to the following bodies:

  1. Directors Board
  2. The General Members Assembly

The main purpose of the REAL CLUB MARÍTIMO SOTOGRANDE is to promote, among its Members, the following physical and sporting activities:

It is the executive governing body of the Club, and will be made up of at least the following positions:

  • PRESIDENT
  • VICEPRESIDENT
  • TREASURER
  • SECRETARY
  • ONE VOCAL for each of the federated sports sections. por cada una de las secciones deportivas federadas.

The maximum number of members of the Board is twenty, in accordance with the provisions of the Law.

The Directors Board will have the following functions:

  1. Call the General Assembly through its President when he deems it necessary or as indicated in the Statutes, executing the agreements and decisions of the same.
  2. Maintain order and discipline in the Club, and in any regattas or competitions organized, in accordance with the Statutes.
  3. Establish the conditions and forms of new Mambers.
  4. Propose to the General Assembly the entry and periodic fees that must be paid.
  5. Prepare, and where appropriate reform, the Internal Regime Regulations, establishing the rules for the use of the facilities and the appropriate rates.
  6. Appoint the members of the different commissions that are created.
  7. Hire and fire personnel, displaying their address.
  8. Prepare an inventory and annual balance sheet, as well as the Report for submission to the General Assembly.
  9. Apply all sporting, economic and administrative measures for the operation of the Club, and the fulfillment of its purposes.
  10. Grant general power for lawsuits in favor of Lawyers and Attorneys.
  11. Carry out acts of domain not reserved for the General Assembly.
  12. Borrow money to finance the annual Budget, within legal limits.
  13. In short, manage the Club in its broadest sense.
  1. The Directors Board will be convened by its President at least two days in advance of its holding date. The President must convene the Meeting when a third or more of its members request it.
  1. It will be validly constituted in the first call, when the majority of its members attend. In the second call, the attendance of at least one third of its members, and, in any case, of the President or Vice President, will be sufficient.
  1. It will also be validly constituted when all its members are present and decide to meet even if there has been no prior call.
  1. When the technical means allow it, the Directors Board may meet audiovisually in the aforementioned terms.

The agreements of the Directors Board will be adopted by majority vote, with the President having, in the event of a tie, the casting vote.

The President holds the legal representation of the Club before all types of public and private authorities and organizations, and is obliged to perform the following functions:

  1. Preside over and direct the debates of the General Assemblies, the Directors Board, and all the Commissions that are created.
  2. Execute the agreements validly adopted by the Assemblies and Directors Board.
  3. Authorize the documents and Minutes of the Association with your signature.
  4. Ensure the proper fulfillment of the Club's purposes.
  5. Convene the Board of Directors and the General Assembly.

The Vice President will be responsible for replacing the President due to absence or illness, with the same powers.

It is the person who is in charge of the Club's funds, keeping the accounting books for this purpose, or by hired personnel. It will order and carry out collections and payments, which will not proceed if they are not included in the budget or approved by the Board of Directors; will issue the receipts that must be paid to the Partners, and must periodically present to the Board of Directors a detailed account of the economic situation.

It is up to the Secretary:

  1. Keep the Minute Books and write the agreements adopted by the Assembly and the Board of Directors.
  2. Keep the Membership Book.
  3. Dispatch correspondence in agreement with the President.
  4. Issue certifications with the approval of the President.
  5. Safeguard the books of the Associations.
  6. Be a member of the Electoral Board

The Board of Directors may designate a person who, with the name of Commodore, coordinates and directs the nautical activities of the Club, with the powers conferred upon him by the Board of Directors. The organization of the regattas will be under his supervision, and he will also be in charge of the participating and auxiliary boats.

The position of Commodore may be held by any person, whether or not they are Members. In the case of falling to a member of the Board of Directors, the position will be computable with any other person who holds on said Board. The Commodore who is not a Full Member may attend the General Assemblies, but without the right to vote.

The election of the President and the Directors board will take place in the following cases:

  1. Due to expiration of the mandate of the President and the Board of Directors.
  2. By resignation or resignation, death or incapacity of the President who led the candidacy.
  3. By vote of no confidence in the President approved in an Extraordinary General Assembly convened for this purpose, at the request of at least ten percent of its members, by an absolute majority of them.
  4. When, due to resignations, death or incapacity, the Board of Directors has been reduced in such a way that it cannot properly carry out its functions.

The election of the members of the Board of Directors will be carried out for a period of four years.

The Board of Directors will establish the date on which the election will take place, also setting the remaining deadlines into which the electoral process is divided and which, at a minimum, will be the following:

  • 5 days to submit applications.
  • 2 days for publication and presentation of objections.
  • 2 días para la resolución de las impugnaciones.
  • And the remaining days until the election is to be held, for advertising and candidacy propaganda.

When the day of the election arrives, it will be carried out in accordance with the rules that may have been established in general regarding ballots, time of celebration, presence of auditors, representation of candidates, etc. Once the election and scrutiny are over, it will be published on the notice board, giving a period of 5 days for possible challenges that, resolved or concluded, will determine the completion of the electoral act or acts, then giving a period of no more than fifteen days for the inauguration of the new elected Board.

No more than 15 days may elapse between the call and the date of the election.

  • Candidates for the Board of Directors will be endorsed by at least 10% of the members of the Society, stating for this purpose the name and surname of the candidates, acceptance and sports history. The members who endorse the candidacy will record their personal identification below their signature.
  • Candidates for members of the Club's Board of Directors must be Full Members with a minimum seniority of one year, be in full use of their civil rights and not be disqualified by disciplinary sanction.
  • Once the General Assembly is called for the renewal or election, if applicable, the Board of Directors, an Electoral Table and an Electoral Board will be constituted, with three regular members and three substitute members each. The Electoral Board will preside over the election and the Electoral Board will be the authorized body to resolve any issues and incidents that affect the process until its completion.
  • When there are several candidates, the election will be held on the day designated for this purpose. When there is no more than one candidacy, it will be automatically proclaimed.

The resolutions of the Electoral Board will be appealable before the Electoral Board, and those of the latter before the competent bodies.

  • Proclaimed or elected, if applicable, the corresponding Board of Directors, it will be communicated to the corresponding Federation and to the General Directorate of Sports Activities and Promotion of the Ministry of Tourism and Sports of the Government of Andalusia.

The presentation of any appeal or challenge will not suspend the contested acts.

Exceptionally, the Board of Directors designated by the founders of the Company may be replaced in whole or in part once eighteen months have elapsed since the founding, provided that the General Assembly of Members so decides, and its members may be re-elected. In this exceptional case, sections 2) and 5) of this article will not be effective.

It is the supreme governing body of the Club, being made up of all Numerary Members with the right to vote, who are up to date with their obligations.

 

 1- General Assemblies, both ordinary and extraordinary, will be validly constituted on first call when the majority of the Associates attend, present or represented. In the second call, the attendance of a quarter of the Members will be sufficient; and in the third call it will be established, regardless of the number of Members attending. When the technical means allow it, Full Members connected audiovisually may attend the meeting. The Board of Directors, through the notice of call, will determine the rules to follow in this case.

  1. The General Assemblies will be called by the President at least fifteen calendar days in advance of their date of celebration, and an announcement, including the agenda, must be posted on the Club's notice board, with the Board of Directors being empowered to, if it deems appropriate, send personal communication to the Partners or announce it in the press.

In the call for the first session, the date and time of the second and third sessions may be indicated, if applicable, with a minimum of 24 hours between each date and time.

  1. The call will be made by the President on his own initiative, at the request of the board of directors, or at the request of ten percent of the Full Members.

 

  1. The President of the General Assembly will be the one who is the President of the Board of Directors or, failing that, the Vice President and the one who is the Secretary of the latter or, failing that, the person designated in the act will act as Secretary. The Board of Directors will act as the Presidential Table in the General Assemblies.
  2. The President will direct the debates and maintain the order of the sessions, adjusting to the Agenda; will grant and reiterate the floor to the Members, and may limit the number of interventions for or against each of the proposals or amendments that are presented as well as the duration of the debates.
  3. The resolutions of the General Meeting will be taken by a simple majority of votes of those attending.
  4. The favorable vote of two-thirds of the Full Members will be required in the event of encumbrance or transfer of real estate, statutory modifications or dissolution of the entity.
  5. In the event of a tie, the President has the casting vote.

 

The Ordinary General Assembly will meet at least once a year to discuss the following matters:

  1. Report, budget settlement, balance sheet for the year, accountability and approval if applicable.
  2. Budget for the exercise.
  3. Projects and proposals of the Board of Directors.
  4. Proposals formulated by the Partners and that must be signed by at least five percent of them.
  5. Requests and questions.

The General Assembly will meet on an extraordinary basis to modify the Statutes, elect the Board of Directors, borrow money in an amount greater than fifty percent of the regular annual budget, issue transferable titles representing debt or an aliquot of equity, alienation of real estate and fixing of Members' fees.

Each Full Member has the right to one vote.

The right to vote may be exercised through another partner. The Delegation of the vote, which can only be made for a specific Assembly, must be made in writing addressed to the Board of Directors, and may be presented to it at the beginning of the General Assembly.

The vote may be exercised by ordinary mail, as well as by email with a recognized electronic signature, in the time and manner determined by the notice of call.

CHAPTER VI – REFORM OF STATUTES

The total or partial modification and repeal of these Statutes will require the favorable agreement of two thirds of the Full Members (attending) at the Extraordinary General Assembly convened for this purpose.

The reform of the Statutes will follow, with respect to the registration of Sports Associations, the same administrative procedures as for its approval.

CHAPTER II – THE MEMBERS

            Member status is acquired when the person who has requested it meets the requirements set by the board of directors and their request is approved by it.

The Members can be:

A. Of Honor
B. Founders
C. Numeraries
D. Temporary
E. Family members
F. Applicants
G. Sporty

 

Honorary Members are those people who, due to their social position or services provided to the Club, are appointed as such by the General Meeting at the proposal of the Board of Directors.

Honorary Members will enjoy a preferential position in the protocol of the Club's official events.

Honorary Members will only be exempt from paying social dues. They may not be part of the Board of Directors, nor will they have any voice or vote in the Company, unless they are Full Members. Your family members will be able to attend the Club freely.

However, if, upon termination of the cause for which you are granted the status of Honorary Member, you request entry into the Club as a Numerary Member, which will be processed in the manner provided for in these regulations, you must pay the corresponding fee in your moment, except for the entry.

 

 

The Founding Members are those who, being Full Members, attended as such to the founding of the Club.

They are those who, upon request, acquire such status upon being admitted by the Directors Board, under the conditions established for this purpose.

The denial decision of the Directors Board is final, although the applicant may request admission again after six months from notification of the resolution.

They are those who only access the status of Partner for a certain period of time, meeting the conditions established by the Directors Board.

-The spouses and children of the Full Members will be Family Members; the latter until the age of 16, when they will become Aspiring Members. They will also be those family members who live with the Full Member at their expense.

The widowed spouses of Full Members will also enjoy this category. But if they wish, they may request their transfer to the category of Full Member, maintaining that which corresponded to the deceased spouse, and being exempt from paying any type of entry fee.

In cases of de facto separation, judicial separation, annulment of the marriage bond, or divorce, Family Members, if they so request, in the manner established by law, may become Full Members with the rights and duties inherent to them. being exempt from paying the entrance fee. Otherwise they will be excluded from the Club.

 

The Aspiring Members, automatically and with retroactive effect if applicable, are the children of Full Members over sixteen years of age and non-emancipated children under 24 years of age, with the rights and obligations determined by the Board of Directors.

Relatives of Full Members, other than children, within the indicated ages, who live with him at his expense, may be admitted as such.

Aspiring Members may become Full Members, without paying the entry fee, upon reaching the age of twenty-four, or if they have reached the age of majority and request it.

 

–Those non-members who, due to their proven aptitude for practicing sailing or another sport practiced in the Club, the Directors Boards determines can be considered Sports Members with the rights and obligations that it establishes.

11– – The Club has the duty to make the federated athletes of its staff available to the corresponding Sports Federation, in order to integrate the Andalusian sports teams, in accordance with the Andalusian Sports Law and provisions that develop it and in the statutory conditions of the sports Federations.

2 – Likewise, the Club will make its federated athletes available to the Federations, with the purpose of carrying out specific programs aimed at promoting their sporting development.

 

The maximum number of Full Members will be unlimited in principle, with the sole condition that the social or sporting ties that link them with the people who constitute the Entity are maintained.

The Directors Board may, however, suspend the temporary admission of new Members when the lack of space or capacity of the facilities so advises.

The Directors Board is the body in charge of granting or denying admission requests, and they must adapt to the requirements established for each modality.

 

 Members will enjoy, by the mere fact of being members, the following rights:

  1. Contribute to the fulfillment of the specified purposes of the Club.
  2. Require that the Club's actions comply with the provisions of the Statutes and current regulations, especially the Sports Law.
  3. Freely express their opinions within the Association, always respecting others.
  4. In the case of Full Members, be a voter and eligible for the Representative and Government Bodies.
  5. Use the facilities and services of the Club in accordance with the Internal Regime Regulations and with the provisions of the Directors Board.
  6. Know their activities and ask the Secretary to examine the documentation.
  7. Freely separate from the Entity.
  8. Members who own boats are required to use their pennant, and are even obliged to use it in regattas to the exclusion of any other.
  9. Complain to the corresponding bodies against the decisions of the club's management bodies.

 

  1. Members, by virtue of their membership in the Association, are obligated to:
  2. To respect these Statutes, and internal regulations approved by the governing bodies.
  3. To the timely payment of the established ordinary and extraordinary fees.
  4. To comply with the Agreements adopted by the Board of Directors and the General Assembly.
  5. To promote the sport of sailing or any other sport recognized by the Club.
  6. To proper use of facilities and services.
  7. To respect the rest of the Members and staff of the Club.
  1. Members are responsible to the Club for any damage or deterioration that may occur in the facilities, and are obliged to pay for the corresponding repairs.
  1. The club's federated athletes also have the obligation to attend the Andalusian sports teams.

 

The principle of equality of all associates is established, without discrimination based on race, sex, religion, ideology or any other personal or social condition or circumstance.

 

Membership of the REAL CLUB MARÍTIMO SOTOGRANDE is lost:

1.- By the Member's own will, requesting withdrawal in writing from the Directors Board.

  1. Due to non-payment of the established social contributions, the resolution of withdrawal must be taken by the Directors Board.
  1. As a disciplinary measure, based on serious offenses, by agreement of the Directors Board, adopted, after hearing the interested party.

 

CHAPTER IV – SPORTS SECTIONS

The Board of Directors, when it deems it of interest, due to requiring greater dedication to a sporting modality or another activity of the Club, may create one or several special sections delimiting their functions and powers.

CHAPTER V – ASSETS AND FINANCIAL REGIME

At the time of its constitution, the REAL CLUB MARÍTIMO SOTOGRANDE has no founding assets, although it has the following to fulfill its purposes:

  1. With the financial contributions of the Partners approved by the General Assembly.
  2. Subsidies and donations you receive.
  3. Fees for your various services.
  4. The Association is subject to the regime of its own budget and assets, and if profits are obtained, they will be applied entirely to the fulfillment of its social purposes, without, in any case, being able to be distributed among its Associates.
  5. Members can learn about the economic situation of the Club through the information periodically provided by the governing bodies.

The Club may encumber and dispose of its real estate, borrow money, issue transferable securities representing debt or an equity share, provided that such acts do not irreversibly compromise the assets of the Entity or the physical-sports activity that constitutes its assets. corporate purpose, and the requirements set forth in the Statutes and current provisions are met.

In the event that the REAL CLUB MARÍTIMO SOTOGRANDE issues titles, the following requirements must be met:

  1. The debt securities or equity share securities will be nominative.
  2. They will be registered in a book that will be kept for this purpose, and in which successive transfers will be noted.
  3. Each title will include the face value, the date of issue and, where applicable, the interest and amortization period.
  4. Issuances of released securities may not be authorized.
  5. They may only be subscribed by the Associates of the REAL CLUB MARÍTIMO SOTOGRANDE, their possession not conferring any special rights over the rest of the Members, except the perception of the interests established in accordance with current legislation.
  6. The titles will be transferable under the conditions established in each case by the General Assembly.

The following are part of the Club's documentary and accounting regime, under the custody of the Secretary:

  1. The Member Registration Book, which must include their names and surnames, national identity document, positions, registrations and cancellations.
  1. The Books of Minutes, in which those corresponding to Assemblies and Boards of Directors will be recorded, with expression of dates, attendees, matters discussed and agreements adopted, signed, in any case, by the President and the Secretary.
  1. The Accounting Books.
  1. The Balance Sheet and the Income and Expense accounts, to be formalized in the first month of each year, and which will be made known to the Associates.

CHAPTER VII – DISCIPLINARY REGIME

In matters of discipline, the REAL CLUB MARÍTIMO SOTOGRANDE is subject to the provisions of Title VII of Law 6/1998, of December 14, on Sports and other applicable regulations, and may include in its Internal Regulations formulas for extrajudicial conciliation for the resolution of internal conflicts, in accordance with the provisions of articles 85 and 86 of Law 6/1998, of December 14, on Sports.

CHAPTER VIII – DISSOLUTION

The REAL CLUB MARÍTIMO SOTOGRANDE will be extinguished:

  1. By decision of the General Assembly, convened on an extraordinary basis, with the attendance of two thirds of the Full Members.
  2. By court ruling.
  3. For other causes determined by Law.

Once the Association is dissolved, the net assets, if any, will be used for sports purposes.

In any case, the provisions of Law 6/1998, of December 14, on Sports, Decree 7/2000, of January 24, on Sports Entities and its development provisions will be followed.

Sites of Interest

Phones

Information

+34 648 444 930

Club

+34 956 610 087

School

+34 609 462 253

Restaurant

+34 695 354 064

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Avenida de la Marina s/n
11310 San Roque, Cádiz

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