Rules of the International Association for Sports and Leisure Facilities

Rules of the International Association for Sports and Leisure Facilities

Download: Rules (as decided at the General Meeting on October 27th 2009 in Cologne)

Article 1: Name, registered office and object

I. The association is named International Association for Sports and Leisure Facilities. It also uses the abbreviation "IAKS".

II. The registered office of the association is Cologne, Federal Republic of Germany. The IAKS is entered in the register of associations at Cologne Local Court.


Article 2: Objects

I. The main purpose of the IAKS is to promote sport on the broadest level by gathering, evaluating, passing on and if necessary coordinating the experience, principles and research results obtained in the planning, construction, equipping and operation of sports and leisure facilities of all kinds. In doing so, it takes account of socially relevant matters in the broadest sense, e.g. architecture, technology, sports sciences, economics and ecology. It also supports developments in these fields with research and consultations.

II. The IAKS fulfils its tasks primarily by the following means:

1. Establishment of a documentation and information service.
2. Publications.
3. Organization of congresses, seminars and courses.
4. Public relations.
5. Offering advice on planning guidelines and individual projects.
6. Commissioning of research projects.

To perform its tasks, the IAKS forms committees and sections for the members of a country or several countries.


Article 3: Nonprofit status

I. The IAKS' activities are of a nonprofit-making nature in accordance with the German Tax Code. The association pursues unselfish ends and its activities are not primarily aimed at furthering its own economic advantage.

II. Any funds of the association may be used only for purposes stipulated in the Rules. Members may receive neither a share of the profits nor any other form of remuneration from the association's funds.

III. No one may be favoured by expenditure not in keeping with the objectives of the association or by disproportionately high remuneration.


Article 4: Membership

I. The following are eligible to become ordinary members of the IAKS (voting members):

1. Organizations and federations under public or private law and/or their associated national, regional and local bodies as well as individuals that are concerned with all or individual aspects of sports and leisure facilities.
2. Individuals who actively participated in the founding of the IAKS up until January 1 1965 (founder members).
3. Sections (pursuant to Article 2, Par. III.) in so far as they have legal status in accordance with national legislation.
4. Honorary members proposed by the Executive Board.
5. Persons who have been of special service to the IAKS and whose membership is unanimously approved by the Executive Board.

II. IAKS membership categories are:
1.    Individual member,
2.    Institutional member from the public sector, science and sport,
3.    Institutional member from the commercial sector,
4.    Supporting member.

III. The members in Article 4, Par. I. 1., 2., 3., 4., 5. and 6., each have one vote.

IV. All other applicants can be given the status of extraordinary member without voting rights.

Extraordinary membership is limited in time to a maximum of two full calendar years. This membership is thereafter converted into non-time-limited ordinary membership.


V. The Executive Board shall decide on the admission of members. Applications for membership can be rejected without reasons being given. Legal redress is excluded.

Article 5: Termination of membership

I. Membership is terminated on resignation, death, dissolution, expulsion due to conduct damaging to the association or non-payment of membership subscription despite being given notice thereof.

II. Termination of membership is possible at the end of each year. Notice of cancellation must be sent in writing to reach the Executive Board not less than one month before the end of the year.

III. Expulsion on grounds of conduct damaging to the association is effected by resolution of the Executive Board and requires a two-thirds majority.

IV. Expulsions on grounds of non-payment of member-ship subscription takes effect automatically at the end of the calendar year if the subscription has not be fully paid by that date.

Article 6: Sections and committees

I. On the basis of motions proposed by one or more ordinary members, the Executive Board is entitled to form sections or committees pursuant to Article 2, Par. III.

II. The Executive Board is empowered to sanction the formation of a section. A precondition of this sanctioning is that the section is set up pursuant to association law or in the sense of the IAKS' standard rules for sections, namely that it expressly recognizes the objectives of the IAKS in so far as the section cannot be established as an association in its own right. The section's rights and duties take effect from the date of sanctioning.

III. Relations between the IAKS and its respective sections shall be fixed in a separate agreement on procedure.

IV. The formation of a committee is endorsed after its constituent meeting in accordance with the rules of procedure approved by the Executive Board.

Article 7: Membership subscriptions

I. The IAKS' financial resources for pursuing the association's objects are obtained from membership fees, donations, receipts from publications, events, advisory services, research contracts etc. and from subsidies.

II. The amount of the fees  is defined in the fee structure.

Article 8: Institutions

The institutions of the IAKS are:
1.    The General meeting and
2.    The Executive Board.

Article 9: General Meeting

I. The ordinary General Meeting shall convene every four years. An extraordinary General Meeting can be held at the request of one third of the members (by number of votes) or by resolution of the Executive Board. The Executive Board shall determine the place, date and agenda.

II. Any member can submit motions to the General Meeting. They must be submitted in writing to the Executive Board not later than two months before an ordinary General Meeting and at least one month before an extraordinary General Meeting.

The Executive Board shall send a list of the motions to all members not later than one month before an ordinary General meeting or two weeks before an extraordinary General Meeting.

Urgent motions can be dealt with only if they are submitted in writing and two thirds of the voting members agree to discuss them. Amendments to the Rules are excluded from urgent motions

III. Invitations shall be made in writing and shall be dispatched at least four months before an ordinary General Meeting or at least two months before an extraordinary General Meeting.

IV. Provisions concerning voting entitlements are contained in Article 4.


Article 10: Tasks of the General Meeting

The General Meeting has the following tasks:
1.    Acceptance of the Executive Board's and auditor's reports.
2.    Approval of annual accounts.
3.    Formal approval of the action of the Executive Board.
4.    Election of the Executive Board with the exception of members by virtue of their
office and the salaried Manager.
5.    Election of two auditors from the ranks of the members.
6.    Resolution of pending motions.
7.    Determination of membership fees by fixing the basis of calculation thereof.
8.    Dissolution of the association.

Article 11: Executive Board

The Executive Board is composed of:
1.    The President.
2.    Two Vice-Presidents.
3.    The Treasurer.
4.    The Secretary General.
5.    Up to five members.
6.    The section presidents by virtue of their office.
7.    The two representatives of the Companies Committee by virtue of their office.
The salaried Manager belongs to the Executive Board but has no voting rights.

II. The Executive Board members mentioned under points 1 to 4 are authorized to represent the IAKS with legal effect pursuant to Section 26 of the Civil Code of the Federal Republic of Germany.
The Vice-Presidents and the Treasurer are empowered to use their individual power of attorney only in conjunction with the Secretary General.
The Executive Board can grant the salaried Manager (Article 17) under the terms of Article 30 of the German Civil Code an individual or joint proxy for certain business fields – above all for the management of current business.
The President and Vice-Presidents shall not be of the same nationality.
The Executive Board is entitled to appoint further board members without voting rights, e.g. representatives of international organizations.

III. During its term of office, the Executive Board shall replace any members itself.

IV. The work of the Executive Board is unpaid. The Executive Board and its members are not liable to the association in the event of mere neglect of duty. If and in so far as third-party action is taken against the Executive Board or its members on the grounds of neglect of duty, the association indemnifies them from liability towards the claimants if this is legally permissible. The provisions of this paragraph also apply to advisors to the association who work unpaid.

V. Furthermore, in order to support its work in certain business fields (e.g. legal matters, property matters), the Managing Board is free, subject to the approval of the association's Executive Board, to consult experts as advisors and enable them to participate in Executive Board meetings. Such advisors have no voting rights, are not authorized to represent the association or to participate in such representation, nor are they members of the Executive Board or special representatives pursuant to Article 30 of the German Civil Code. No remuneration must be promised or granted to them. At the request of the Managing Board, they are permitted to attend General Meetings without being members and make statements on the matters being decided upon. When such advisors are appointed, the duration of their appointment should be defined. Renewed or multiple appointments are possible.

Article 12: Term of office of the Executive Board

The Executive Board shall remain in office until a new committee is elected or the existing members are re-elected. It is elected by the General Meeting for a period of four years.


Article 13: Nominations for the Executive Board

In deciding on nominations for the Executive Board, the following principles shall be observed:

1. The work of the Executive Board must not be impeded.
2. The international character of the Executive Board must be preserved and enhanced.
3. Re-election is permitted.


Article 14: Transfer of voting rights

The transfer of voting rights is not permitted.


Article 15: Tasks of the Executive Board

The Executive Board shall undertake the following tasks:

1.    Conducting the day-to-day business of the IAKS with the help of the Office (Article
17).
2.    Compiling the annual report and issuing the cash report.
3.    Drafting and approving the budget plan for the coming two-yearly budget period.
4.    Hiring and dismissing the Office's employees.
5.    Convening the General Meeting.
6.    Admitting members.
7.    Designation of honorary members.
8.    Admitting persons pursuant to Article 4, I., 5.
9.    Appointment of non-voting Executive Board members.
10.  Nomination of members and other assistants for working groups.
11.  Establishment of a three-man court of arbitration for the settlement of disputes
arising between members of the association.
12.  Approval of agreements pursuant to Article 6, Par. III. of the Rules.
13.  Approval of rules of procedure pursuant to Article 6, Par. IV. of the Rules.
14.  Making proposals for the election of two auditors.
15.  Proposing members for a new Executive Board.

The Executive Board shall draw up its own rules of procedure which above all shall determine the time, place and form of invitations to Executive Board meetings and voting formalities.

Article 16: Auditors

The auditors shall examine the finances of the association in terms of mathematical and factual accuracy.

Article 17: Office

In order to fulfil its tasks, the Executive Board shall use the services of an Office. This is managed by the Secretary General and the Manager. Their tasks and responsibilities are laid down in rules of procedure.

Article 18: Quorum and voting

I.    Every duly convened meeting (e.g. an ordinary or extraordinary General Meeting or
Executive Board meeting) shall constitute a quorum regardless of the numbers of

members present.

II.  Motions are passed with a simple majority, unless otherwise stipulated. Abstentions
and invalid votes shall not be counted.

III. A section's postal vote can be declared valid by the Executive Board.

IV.  Decisions to amend the Rules require a two-thirds majority of the voting members at
the General Meeting.

V.   The recording of all resolutions is the responsibility of the Executive Board (pursuant
to Section 26 of the Civil Code of the Federal Republic of Germany).

Article 19: Dissolution

A legally binding dissolution of the IAKS can be effected by a three-quarters majority of all voting members at the General Meeting. A written motion to dissolve the IAKS must be received by the Executive Board at least four months before the General Meeting, with reasons being given.

Article 20: Disposal of assets

In the event of the dissolution or discontinuation of its objectives the IAKS' assets shall be transferred to a body incorporated under public law, or to a highly reputable institution enjoying tax privileges, preferably of an international character, so that they can be used for the public good (promotion of the Olympic ideal). Resolutions taken on the utilization of assets may only be executed with the approval of the Tax and Revenue Office. The IAKS has been recognized by the Tax and Revenue Office, Cologne-Altstadt, under file number 214/324/0293, to be of a nonprofitmaking character.

Decided at the General Meeting on October 27th 2009 in Cologne.