STATUTES OF THE ASSOCIATION
Retriever Sport CZ z.s.
Part one
GENERAL CONDITIONS
I.
Basic provision
1.) Retriever Sport CZ z.s. is a corporation (association), whose legal conditions are governed in particular by Act No. 89/2012 Coll., the Civil Code and these articles of association.
2.) These articles of association regulate the name, registered office, business objectives, organization and management principles of Retriever Sport CZ z.s.
3.) The name of the association is: Retriever Sport CZ z.s. For the purposes of these statutes, the association will be referred to as “RS CZ”.
4.) The address of RS CZ is Souběžná 208, 277 15 Tišice.
5.) RS CZ was assigned the identification number 266 64 801.
II.
Mission, goals and tasks of RS CZ
1.) The association pursues as its basic goal the training of breeds VIII. FCI group for Working Tests.
2.) RS CZ is a voluntary open association of a non-profit nature, whose main mission and main goal is to provide, carry out, organize and develop voluntary cynological activities aimed at training dogs. The training is focused on so-called working tests.
3.) In order for RS CZ to achieve the mission and goal stated in the previous paragraph of this article of the statutes, it is obliged to perform the following tasks and perform the following activities in particular:
a) Arrange, carry out and organize dog training, training sessions and races, so-called working tests
b) Promote and popularize dog training.
c) Actively cooperate with legal entities and other entities dealing with a similar mission and goals as RS CZ.
d) Carry out and organize qualification enhancement and further training of working test referees and establish the conditions for the appointment of such referees.
e) Defend the interests of its members externally.
f) To create an economic base for the fulfillment of its mission, goals and tasks.
III.
Public utility of RS CZ
1.) RS CZ is a publicly beneficial legal entity whose mission is to contribute through its own activities to the achievement of the general welfare and to acquire property from honest sources and to economically use its wealth for a publicly beneficial purpose in the sense of the provisions of § 146 of the Civil Code.
2.) RS CZ strives to register its public benefit status in the public register. For this purpose, it undertakes to fulfill all the conditions established by the relevant legal code.
3.) RS CZ will subsequently strive to maintain its public benefit status, fulfilling this status in the future in such a way that the conditions for deletion of the public benefit status from the public register are not given.
4.) If RS CZ acquires the status of public utility by entry in the public register, the Executive Committee is authorized to supplement the name of RS CZ with information about the public utility of RS CZ, without otherwise changing the name of RS CZ.
IV.
Legal status and management of RS CZ
1.) RS CZ is a legal entity with independent legal jurisdiction. The internal legal conditions of the RS CZ are governed by the legal order of the Czech Republic, in particular Act No. 89/2012 Coll., Civil Code.
2.) RS CZ performs its main activity in order to achieve its mission, its goals and to fulfill the tasks determined by these statutes. None of the main activities of RS CZ is a business and is not aimed at achieving profit. The main activities of RS CZ are the activities listed in Article II. paragraph 2) of these statutes.
3.) RS CZ obtains financial resources for the performance of its main activities primarily, but not exclusively, from:
a. membership fees
b. subsidies from public budgets or European Union funds
c. donations from natural or legal persons
d. loans or loans provided by funds or other entities
e. profit created by secondary economic activities of RS CZ.
4.) If an income is generated during the performance of the main activity, RS CZ is obliged to use this income to cover the costs of its activity, to cover the costs associated with the management and maintenance of its property, or to cover the costs associated with the development of its activity.
5.) In order to obtain funds for the performance of its main activities, RS CZ may also perform secondary activities that may be aimed at achieving profit.
6.) Members of RS CZ are not responsible or liable for obligations of RS CZ.
7.) RS CZ are obliged to keep accounts to the extent and in the manner established by the relevant legal regulations. The Executive Committee is responsible for proper accounting of RS CZ. A person with relevant professional knowledge and qualifications may be entrusted with the management of accounting. The Executive Committee is obliged to compile reports on management and financial statements in accordance with relevant legal regulations on the results of management in individual financial years.
Part two
AUTHORITIES OF RS CZ
V.
Division of bodies of RS CZ
The RS CZ organization consists of the following bodies:
a. Members’ meeting as the highest body of RS CZ
b. The President, as an individual statutory body of the RS CZ
c. The Executive Committee, as the executive body of RS CZ
d. Control commission, as a control body
VI.
Membership meeting – status, scope and powers
1.) The members’ meeting is the highest body of RS CZ and is composed of all members of the association. The members’ meeting is entitled to decide on all essential matters concerning the RS CZ, if these matters are not entrusted to the competence of other bodies of the RS CZ by these statutes or the law.
2.) The powers and authority of the members’ meeting of RS CZ in particular include:
a. to establish the basic principles of the activity of RS CZ and its bodies
b. to approve the statutes of RS CZ, their amendments and additions
c. decide on the election and dismissal of the President and members of the Control Commission
d. to decide on the cancellation of RS CZ with liquidation, on the merger or division of RS CZ
e. decide on the amount and maturity of membership contributions,
f. decide on other matters of the RS CZ determined by these statutes or by law to the highest body of the RS CZ.
3.) The membership meeting is authorized by its decision to transfer the authority to decide on some matters entrusted to the membership meeting to the Executive Committee, with the exception of the powers specified in paragraph 2.) letter b), c) and d) of this article of the statutes.
VII.
Convening, quorum and proceedings of the members’ meeting
1.) The Executive Committee is obliged to call the members’ meeting so that it takes place at least once in a year. The Executive Committee is authorized to call an extraordinary Members’ meeting at any time. The Executive Committee is obliged to convene an extraordinary meeting of members if the Control Commission or at least one third of the members of the RS CZ requests its convening. In the request for convening such an extraordinary Members’ meeting, the Audit Committee or the members are obliged to define the matter on which the extraordinary Members’ meeting should decide. If the Executive Committee does not convene the Members’ Meeting within one month of the delivery of a proper request for its convening, the Control Commission or the members requesting the convening are entitled to convene it themselves.
2.) The place, time, agenda and information on whether it is a regular or extraordinary Members’ meeting will be announced by its convenor at least 4 weeks before its holding by an invitation sent to the e-mail address of all RS CZ members (if available) and by publication on the website of RS CZ, if these pages have been set up and if the convenor has the possibility to publish the invitation in this way. The day of notification of the invitation is the day the invitation is sent and the day the invitation is published on the RS CZ website.
3.) A meeting of members has a quorum if at least 1/10 of all RS CZ members are present. The approval of a majority of the members present is required for the adoption of the resolution of the Members’ Meeting. The approval of 3/4 of the members present is required to adopt a resolution on the amendment of the statutes, cancellation of RS CZ, merger (split) of RS CZ or the dismissal of the President. A decision on a change of seat can be made in the presence of 1/10 of all RS CZ members.
4.) Proceedings Member meetings are managed by the President, who at the beginning of the meeting first designates the recorder and the person(s) authorized to count the votes (scrutineer). The President can entrust another person with the management of the Members’ Meeting.
5.) Matters not listed in the agenda of the invitation to the Members’ Meeting can be discussed or the order of individual agenda items can be changed only if a majority of the members present vote for this change.
6.) When voting, each member has one vote. Voting is generally public, unless the members decide otherwise at the meeting. Voting is done by acclamation, i.e. by raising an arm for or against the proposed resolution, or by abstaining from voting. Voting on the election or dismissal of the President and the Control Commission is always secret. A member of the association may entrust another member of the association with a power of attorney to represent and vote at the meeting of the association.
7.) Minutes are taken of the proceedings of the Member’s meeting, the preparation of which is the responsibility of the recorder appointed by the President, who signs the minutes. The content of the minutes is verified and confirmed by the President’s signature. The record of members present at the Membership meeting is always attached to the minutes.
VIII.
Special provisions on the election and dismissal of the President and the Control Commission
1.) A person interested in membership in an elected body may apply voluntarily before the Membership meeting to the convenor, or to the chairman of the meeting upon invitation. Proposals of candidates for the election of the President and the Control Commission are made by the Executive Committee or also by the convenor of the Member Meeting mentioned in Article VII. paragraph 1 of these statutes.
2.) During the election of candidates, the proposed candidates for these positions are entered on the ballot according to the alphabetical order of their surnames. Voting is done in such a way that the voter marks (with a circle or a cross) the candidate to whom he is voting on the ballot. A ballot in which a larger number of candidates is marked is invalid. Voting on a ballot in which no candidate is marked is considered an abstention.
3.) The candidate who receives a majority of the votes of the members present is elected. If none of the candidates receives a majority of the votes of the members present, a second round of elections is held, to which the two candidates with the highest number of votes receive advance. In the second round, the candidate who receives the majority of the votes of the members present is elected.
4.) When electing candidates for the positions of members of the Control Commission, the proposed candidates according to the paragraph of this article will be entered on the ballot according to the alphabetical order of their surnames. Voting is done by marking (with a circle or a cross) on the ballot the candidates (at most as many as are elected by voting) to whom he gives a vote. A ballot in which a greater number of candidates are marked than is elected is invalid. In the case of voting on a ballot in which a smaller number of candidates is marked or no candidate is marked, the member abstains from voting for the unmarked number of candidates. The candidate who receives a majority of the votes of the members present is elected. If the number of candidates obtains such a majority that exceeds the number of elected persons, the candidates with the highest number of votes are elected. If an adequate number of candidates are not elected in the first round of the election, further rounds of the election are held, in which the candidates elected in the previous rounds no longer participate.
IX.
Executive Committee – position, scope and powers
1.) The executive committee is the executive body of RS CZ. The executive committee ensures all activity and fulfillment of tasks of RS CZ. It is responsible for its activities to the members through the Members’ Meeting. Members of the Executive Committee are appointed/dismissed by the President.
2.) The Executive Committee is empowered to make decisions on all matters of the RS CZ that are not entrusted by these statutes to the exclusive competence of other bodies.
3.) The scope and powers of the Executive Committee include in particular:
a) ensuring the implementation of the resolutions of the Member Meeting
b) preparation of documents for meetings of Members, in particular the program, reports on the activities of the RS CZ, reports on management, financial statements, lists of candidates for election to the bodies of the RS CZ, etc.
c) organizing and managing the main and secondary activities of RS CZ
d) management of RS CZ property and its administration
e) creation of professional, advisory and auxiliary bodies, appointment and dismissal of their members
f) concluding, changing or terminating labor law and other civil law relations with RS CZ; this power may be delegated to the President
g) preparation of a report on the activities of RS CZ and financial statements of RS CZ
h) deciding on other matters of the RS CZ determined by these statutes or by law to the statutory body of the RS CZ.
X.
Composition of the Executive Committee, meeting rules
1.) The Executive Committee has five members. The Executive Committee is headed by the President elected by the Membership Meeting. After the election of the President at the membership meeting, the new President appoints the members of the Executive Committee. The term of office of the members of the Executive Committee is five years. The position of a member of the Executive Committee ends on the day of the election of the new President. If a member of the Executive Committee resigns from his position, the President may appoint a new member to the Executive Committee.
2.) In the Executive Committee, the President always appoints the positions of vice president, economist, registrar and coordinator. A member of the Executive Committee can only be a natural person who is of legal age and fully autonomous. Only a member of RS CZ can be a member of the Executive Committee. Membership in the Executive Committee is incompatible with membership in the Audit Committee.
3.) In case of impossibility to perform the function of a member of the Executive Committee (e.g. due to resignation, illness or death), the President appoints a new member in his place, whose term of office ends on the day when the term of office of the member whose place is replaced would end member so appointed.
4.) Membership in the Executive Committee ceases with the election of a new President according to paragraph 1.) of this article of the statutes. Furthermore, membership in the Executive Committee ceases upon the written resignation of the member, namely on the date of delivery of this expression of will to the President or on a later date specified in the resignation. Membership also expires on the day of the death of a member of the Executive Committee or on the day of termination of membership in RS CZ. A member of the Executive Committee may be dismissed from his position by the President. The President acts independently on behalf of the association.
5.) The executive committee meets as needed, but at least once every three months. Meetings of the Executive Committee are convened by the President or the Vice-President. The convocation takes place informally (by telephone, e-mail, post, etc.) and usually two calendar days before the date of the meeting.
6.) The Executive Committee has a quorum if a majority of all members are present at the meeting. The approval of a majority of the members present is required for the adoption of the resolution. In case of equality of votes, the vote of the President is decisive. Correspondence voting via e-mail is also allowed. If a member of the Executive Committee does not comment on the draft resolution within three days of sending the draft resolution, it is considered that he does not agree with the draft.
XI.
Method of action of the members of the Executive Committee for RS CZ
1.) The Executive Committee and thus RS CZ is represented externally by the President, while only the President is authorized to represent the association independently. Other members of the Executive Committee can act on behalf of RS CZ only together with the President.
2.) Signing on behalf of the RS CZ is done in such a way that the President or a member of the Executive Committee together with the President adds his signature to the written name of the RS CZ.
XII.
President
1.) The President is elected by the Membership Meeting and his term of office is five years. The office of the President ends on the day of the election of the new President, which will take place no later than four months before the end of the term of office. If the term of office of the President expires before a new President is elected, the President performs his function until the moment of the election of a new President. Re-election of the President is possible.
2.) The position of the President ceases by the written relinquishment of the position to the hands of the Vice-President, no later than the last day of the second month following the month in which he relinquished his position, or the day of the election of a new President. The office of the President also ceases on the day of the President’s death. The President may be dismissed from his office by the Members’ Meeting.
XIII.
Control commission – position, scope and powers
1.) The control commission is the control and revision body of RS CZ. The Control Commission supervises the exercise of the powers and powers of the President and the Executive Committee and also supervises the activities of the RS CZ apparatus. The authorities of the RS CZ are obliged to provide the members of the Control Commission with the necessary cooperation for their control activities. The Control Commission of the RS CZ is responsible for its activities to the Members’ Meeting.
2.) The competence of the Control Commission includes in particular:
a) control of RS CZ management and asset management in the form of, in particular, review of financial statements and reports on RS CZ management
b) commenting on the management of RS CZ and submitting reports on management control
c) notifying the President and the Executive Committee of identified deficiencies and submitting proposals for their elimination
d) control of compliance with the statutes of the RS CZ
e) participate through its chairman in the meetings of the Executive Committee
f) submission of a motion to expel a member from RS CZ
XIV.
The composition of the Control Commission and the rules of its meeting
1.) The control committee has three members who are elected by the Members’ Meeting. The term of office of the members of the Control Commission is three years. The control committee will elect a chairman from among its members. Membership in the Audit Committee is incompatible with membership in the Executive Committee.
2.) With regard to the requirements for membership, the establishment of membership, repeated elections, the establishment and termination of membership in the Control Commission, the provisions of Article X of these statutes relating to the composition of the Executive Committee apply appropriately, with the fact that the members of the Control Commission are elected and dismissed by the Members’ Meeting.
3.) The control committee meets as needed. Regarding other rules for the Audit Commission meeting, the provisions of Article XI apply accordingly. of these statutes regarding the rules of the Executive Committee meetings.
Part three
MEMBERSHIP IN RS CZ
XV.
Conditions for membership and the creation of membership
1.) Any natural person or legal entity interested in dog training can be a member of RS CZ.
2.) An applicant for membership can only be accepted as a member on the basis of the applicant’s written application delivered to the Executive Committee, which must contain the applicant’s first and last name, details of the applicant’s place of residence, the applicant’s date of birth, the applicant’s e-mail address (if one has been set up) and finally the applicant’s consent to the processing of this personal data by RS CZ.
3.) The Executive Committee will decide on acceptance as a member after the applicant for membership has paid the membership fee. Candidates for membership in RS CZ cannot vote at the Membership meeting until the approval by the Executive Committee, but they can use the benefits of membership, such as a discount on the entry fee.
4.) If a person who has not acquired full autonomy or a person whose autonomy has been limited applies for membership, the consent of such person’s legal representative or guardian is required to submit the application.
XVI.
Rights and obligations of RS CZ members
1.) Each member has, in particular, the right to:
a. to participate in the Members’ Meeting, to vote at it
b. vote and be elected to the bodies of the RS CZ; however, only a person with full autonomy has the right to be elected to the bodies of the RS CZ
c. participate in RS CZ events according to the competition’s propositions
d. submit proposals to the Member Meeting
e. request information from the Executive Committee regarding the activities of RS CZ
f. make suggestions to the Control Commission to carry out the control
2.) Each member is particularly obliged to:
a. always act honestly, in accordance with the mission, goals and tasks of RS CZ and follow the statutes and internal standards of RS CZ
b. comply with the statutes of RS CZ
c. perform the tasks arising from the statutes and internal standards of RS CZ
d. pay membership fees properly and on time
e. to inform the Executive Committee (registrar) about a change in the data specified in your membership application
f. refrain from any action that would disrupt or damage the name of RS CZ
XVII.
Termination of membership in RS CZ
1.) Membership in RS CZ ceases:
a. withdrawal of a member from RS CZ by means of a written statement delivered to the Executive Committee
b. the death of a member
c. the dissolution of RS CZ without a legal successor
d. on the first day of the member’s delay in paying the membership fee
e. exclusion from RS CZ
2.) If a member does not fulfill his obligations, in particular the obligations listed in Article XVI, paragraph 2.) of these statutes, the Control Commission or the Executive Committee may submit a proposal to the members’ meeting to decide on the expulsion of the member from RS CZ. Exclusion can only be decided in the case of a repeated violation of the member’s obligations or in the case of a particularly serious violation of the member’s obligations.
Part four
VIII.
Cancellation of RS CZ
1.) The members’ meeting is authorized to cancel RS CZ with liquidation. Along with its decision on cancellation, it also appoints a liquidator. At the same time, it is obliged to determine to which public benefit goals the possible liquidation balance of RS CZ should be allocated. It is prohibited for the Member’s meeting to decide on another goal to which the liquidation balance is intended. The distribution of the liquidation balance among members is also prohibited.
2.) The provisions of § 187 to 209 and § 269 to 273 of the Civil Code apply to the liquidation of RS CZ.
3.) For the reasons stated in § 268 paragraph 1 and § 172 of the Civil Code, even a court can decide to cancel RS CZ.
Part Five
XIX.
Repeal and Transitional Provisions
1.) Upon the effectiveness of these statutes, i.e. on the date of approval of these statutes by the Members’ Meeting, the previous statutes of RS CZ are cancelled.
2.) Unless otherwise stipulated, the rights and obligations of members acquired according to the current wording of the statutes remain unaffected by these statutes.
3.) Unless otherwise specified in these statutes, these statutes also govern the internal conditions of RS CZ that arose before these statutes came into force.
4.) The membership fee is CZK 400 and must be credited to the association’s account or deposited in the association’s treasury by 28 February of the year in which it is paid.
XX.
Final Provisions
1.) Any changes and additions to these statutes fall under the exclusive authority of the Member Meeting and become effective on the day of their approval.
2.) This version of the statutes was approved at the meeting of the Members on 3/3/2019.