Constitution - under construction

NAME, SEAT, OFFICIAL YEAR, EUROPEAN HEADQUARTERS, AND OFFICIAL YEAR

Article 1.

  1. This organisation shall be named:

International Martial Arts Federation (IMAF)- Europe.

The organisation shall be named IMAF-Europe hereafter.

  1. The seat is in Bunde, Germany.

  1. The Federation was founded on the tenth of September nineteen hundred and eighty-three for an indefinite period.

  1. The Official Year is equal to the calendar year.

  1. The European Headquarters of this organisation are located at the permanent address of the Boardmanager.

  2. The Honbu Dojo of IMAF Europe is located in EMDEN, Germany

COMPOSITION OF THE ORGANISATION

Article 2.

  1. IMAF-Europe is formed by member organisations, of at least 3 (three) countries, who are established voluntarily and democratically and conform to their own law.

  1. The Board of the member organisation settles a National IMAF-Europe branch (member country) with Statutes in accordance with their own law.

DEFINITION OF THE STATUS AMATEUR WITHIN IMAF-EUROPE

Article 3.

  1. Recognised as amateur shall be they who do not receive any financial or any other profit from his national organisation nor from IMAF-Europe for the practice of martial arts.

  1. Professional teachers in the Martial Arts are recognised amateur if they abide by the regulation under Article 3 paragraph 1.


OFFICIAL LANGUAGE WITHIN IMAF-EUROPE

Article 4.

The official language during Congresses, Courses, and on reports shall be English.

GOAL

Article 5.


  1. IMAF-Europe sets itself – with respect for different lifestyles and philosophical currents – as purpose:

  1. The promotion of physical fitness, for both young and adult practitioners of Martial Arts and Budo, by organising, including social contact-oriented, amateur practice of Martial Arts and Budo, in all their forms, including emphatic rejection of all means and methods aimed at artificial and unhealthy increase of sports performance;

  1. The promotion and upholding of moral values in the practice of Martial Arts and Budo, which practice must be forming and relaxation, with a foundation of democratic disposition, solidarity and sense of community;

  1. Promoting the versatile and cultural expressions, which have emerged in IMAF-Europe, such as national and international demonstrations, courses, tournaments and training camps, as well as activities aimed at a positive leisure;

  1. Endeavour to connect with like-minded freedom loving democratic sport organisations based on IMAF-Europe and collaborate in an international context, with equal freedom-oriented organisations for Martial Arts and Budo on a democratic basis, thereby expressing to serve in cultural terms the Martial Arts and Budo and generally sport, physical education and training;

  1. To develop and preserve all Martial Arts and Budo;

  1. Stimulating and strengthening the friendly relations between all practitioners of Martial Arts and Budo in all member countries of IMAF-Europe;

  1. The pursuit of progress of true Budo spirit and thus to contribute to the perfection of human nature.

  1. To grant IMAF-Europe honorary titles, degrees and awards to persons who have contributed to the positive development of Martial Arts and Budo, or excellent performance in this area.

ACTIVITIES

Article 6.

  1. IMAF-Europe seeks its goals through legitimate ways to achieve this by:

  1. Open to all practitioners in Europe and Budo and Martial Arts;

  1. Working with, supporting organisations with a similar purpose in Europe and beyond’

  1. Administrating Dan examinations for fifth (5th) Dan and higher in Martial Arts and Budo;

  1. Promoting mutual contacts between practitioners of various Martial Arts and Budo, so that they can learn from each other;

  1. Organising demonstrations, tournaments, courses, conferences and meetings on Martial Arts and Budo;

  1. To be represented or associated with institutions, bodies of agencies where the interests of IMAF-Europe, or Martial Arts and Budo in general are involved;

  1. Promoting and providing information related to Martial Arts and Budo;

  1. The establishment and maintenance of member countries;

  1. Any other lawful means that can serve the goal of IMAF-Europe;

  1. The holding of an annual European Congress and Seminar, as well as its related activities;

  1. Supporting Open European tournaments, competitions and championships organised by the organisations of member countries;

  1. Giving advice in relation to the setting up of the various rules and regulations of the organisations as mentioned in under Article 6 Paragraph 1k. for those disciplines that organise competitions, tournaments and championships;

  1. The establishment, implementation and monitoring of the various relation standards relating to the techniques of all Martial Arts and Budo;

  1. The establishment, implementation and monitoring of the standards relating to qualifications of teachers and possibly referees;

  1. The establishment, implementation and monitoring of the standards relating to the status of amateur and professional status;

  1. Holding or supporting lectures and seminars covering all Martial Arts and Budo;

  1. Setting if necessary educational and research institutes for the development of all Martial Arts and Budo;

  1. The publishing and distribution of official publications related to the activities of the Association and Martial Arts and Budo in general;

  1. Exchanging information and providing useful material for member organisations;

  1. Pursuing other activities necessary for achieving the goal of this federation.

HONORARY MEMBERS, MEMBERS, CANDIDATE MEMBERS, BENEFICIARIES, MEMBERSHIP

Article 7.

IMAF-Europe has honorary members, members, candidate members and beneficiaries.

  1. Honorary members are persons who by their merit for IMAF-Europe and of Martial Arts and Budo in general are nominated as such by the Congress.

  1. Except honorary members IMAF-Europe has no individual members.

  1. Organisations and other entities may apply to the board to sign up for membership of IMAF-Europe.

  1. Members are member organisations admitted as a full member and as a member country of IMAF-Europe.

  1. Candidate members are organisations admitted as candidate member for a period of at least one year and up to two years for the opportunity to qualify as a member country through the adoption of national statutes and installing a voluntary and democratically established Board.

  1. The Board shall decide on the admission as a candidate member or member. In rejecting the request, the board shall send a message as soon as possible to the applicant.

  1. Beneficiaries are those who support IMAF-Europe annually with a donation, which minimum height shall be determined by the Daily Board.

  1. That which is determined in relation to the members shall apply conformal to the candidate members.

RIGHTS AND DUTIES

Article 8.

  1. The relationships among the honorary members, member countries, candidate member countries, their individual members and practitioners and sponsors and between them and the IMAF-Europe shall be governed by good faith.

  1. The members of the IMAF-Europe are completely free to determine of which national or international organisations for martial arts and Budo, or any other area whatsoever, they whether wish to be member.

  1. Membership of IMAF-Europe is consistent with that of other organisations for Martial Arts and Budo, if the members of IMAF-Europe refrain from providing any support for undemocratic activities, striving for an overriding dominance in the field of Martial Arts, Budo or the sport in general and other activities, contrary to the democratic, freedom-loving and cultural objectives of IMAF-Europe.

  1. To be accepted as a member - member organisation must be a legal personality to the following conditions:

  1. The teaching and practice of Martial Arts and Budo within the legal person must be under the direction and responsibility of a teacher with a diploma recognised by the country;

  1. The statutes and regulations of the legal person shall not conflict with the statutes and regulations of the IMAF-Europe.

  1. The member countries are required to encourage that all their students shall be member of IMAF-Europe.

  1. Member countries of IMAF-Europe as well as their individual members must refrain from any act or omission causing the IMAF-Europe or the martial arts and Budo in general are disadvantaged or disrepute.

  1. The provisions above shall also apply to candidate members.

ANNUAL CONTRIBUTIONS, INCOME AND EXPENDITURE

Article 9.

  1. The members, candidate members and beneficiaries are required to pay an annual fee, for the amount annually established by the Congress. They may be assigned in categories, which pay different contributions.

  1. In special cases, the Board may grant full of partial exemption to pay a contribution of deferred payment.

  1. The expenditure of IMAF-Europe will be funded from the following financial resources:

  1. Annual fees paid by the member countries of IMAF-Europe;

  1. The interest from the capital of IMAF-Europe;

  1. The income from IMAF-Europe activities;

  1. The sale of IMAF-Europe items;

  1. Donations and other income.

  1. The expenditure of IMAF-Europe, together with business plans compiled by the daily management, shall be presented at the meeting of representatives of boards of the member countries during the annual Congress.

  1. The Treasurer of IMAF-Europe will have an annual financial reporting, as required by the laws of the member country where IMAF-Europe is registered at the end of each calendar year.

  1. The inspection / verification of the financial report will be performed by a financial control committee, consisting of at least independent members who are elected at the annual Congress,

SUSPENSION AND TERMINATION

Article 10.

  1. The board is authorised, as means of disciplinary action, for acting in violation of the statutes or regulations, to suspend a member or candidate for a certain duration, not exceeding the period of six weeks. This term can be renewable once for a period of six weeks.

  1. Prior to deciding on a possible suspension, the member concerned shall have the opportunity to comment on the objections raised against the member concerned and on their position regarding a possible suspension.

  1. The member concerned shall have the right to appeal against the decision at the annual Congress within thirty days. In that case the Congress shall give the opportunity to the member concerned, by representatives of their National Board to explain at the meeting and after that, without the presence of the representatives of the member concerned, to consult.

  1. The Congress has the authority to ratify or to destroy the suspension, or to extend the period of suspension after expiration of the first renewal term for a period not exceeding six weeks.

  1. A suspension may be followed by the termination by decision of the Board on behalf of IMAF-Europe, if the member concerned does not take any action which can lead to the cancellation of the suspension.

  1. Membership is ended by:

  1. Termination;

  1. Relief / expel;

  1. Not meeting the mandatory annual contribution after three reminders;

  1. Harm casu quo damage to the good honour and integrity of IMAF-Europe;

  1. Not applying anymore to the provisions of Article 16 paragraph 3;

  1. Dissolution of IMAF-Europe.

  1. Termination on IMAF-Europe is only possible if a member fails its obligations to IMAF-Europe, and if it reasonably cannot be required from the federation to continue the membership.

  1. Termination on behalf of IMAF-Europe can be done without reason.

  1. Termination of membership can only be made in writing by the end of the financial year, where a notice of at least thirty days must be respected. Deviant from the preceding the membership may be terminated immediately if the member of IMAF-Europe cannot reasonably be required to continue the membership.

  1. Suspension / expulsion is done by the Board and can only take place if a member acts contrary to the laws or regulations and thereby harms IMAF-Europe in un unreasonable manner.

  1. The Board takes a decision to terminate the membership by IMAF-Europe and a decision to suspension / expulsion giving reasons as soon as possible to inform the person concerned.

  1. For the member concerned appeal at the annual Congress after receipt of such notice is open within thirty days.

  1. During the period of appeal and pending the appeal, the decision remains in force.

  1. If membership during an association year is ended, the annual contribution for the current year is owed for the full.

FINANCIAL OBLIGATIONS

Article 11.

  1. To members who do not comply to their financial obligations to IMAF-Europe, a written request for payment, including postage and handling, will be sent within six weeks after the onset of the obligations.

  1. Members who, after three months after the onset of the financial obligations to IMAF-Europe, have not yet fulfilled these obligations, will be suspended by the Board in application of Article 10 paragraph 1 and 2.

  1. If the membership ends by termination on behalf of IMAF-Europe, the commitment to membership, and any other monies to IMAF-Europe are yet to meet.

  1. A former member whose membership is terminated by notice, that once again applies for the membership of IMAF-Europe, can only be admitted as member, after they have fulfilled the existing obligations to IMAF-Europe from the time of the termination of the membership.

GOVERNING BODY

Article 12.

  1. The Board (Daily Board) consists of at least five members: A Chairman (President), two Vicepresidents, Secretary and Treasurer and eventually other persons.

  1. The board members are elected by the Annual Congress of members from member countries for a period not exceeding five years.

  1. If the Annual Congress does not provide otherwise, the appointment is valid on the day that the person in question has been elected by the Annual Congress and the appointment for the maximum of five years. Retiring Directors are eligible for immediate reappointment.

  1. A board member may be dismissed by the Annual Congress.

  1. The membership to the board also ends by:

  1. Termination of the membership of IMAF-Europe;

  1. Termination by the members of the board;

  1. Ending of the period of appointment;

5. Custody, remand, sentenced to an unconditional imprisonment or detention, detention or placement with juridical authorisation in a psychiatric hospital, bankruptcy, suspension of payment or renewal of guardianship.

  1. Board meetings are convened by sending a call with agenda subject to a period of at least seven days between the receipt and the start of the meeting. Decisions can only be taken on the explicitly listed topics as mentioned on the attached agenda.

  1. From the provisions of paragraph 5 may only be waived in a board meeting where all members are present unanimously.

  1. Board meetings are chaired by the (Chairman) President, or his designated deputy, the minutes are taken by the Secretary or a deputy. The minutes are recorded at the next board meeting and signed by the Chairman and a Vicepresident.

  1. A board member may be suspended by the board for a period not exceeding six weeks, Article 10 paragraph 1 shall apply conformal.

  1. The Governing Bodies of IMAF-Europe are:

  1. The Congress;

  1. The Daily Board;

  1. The Board of national governing bodies of the member countries (Board of Directors);

  2. Board of Technical Specifications Management (TSM)

  1. The Daily Board of IMAF-Europe consists of:


Presidential office

    1. The Chairman (President);

    2. 1st Vicepresident and Ambassador

    3. 2nd Vicepresident and Boardmanager


The financial and communication office

    1. Secretary

    2. Financial Manager


Eventually complemented by:

    1. another Vice President - maximum three;

    2. Special Advisors for special Tasks

  1. The Board of Directors consists of:

  1. The Daily Board;

  1. One Representative of the national boards.

  1. The Board of Directors acts on all administrative issues, regarding the established and agreed policy by Congress and controlling IMAF-Europe in general, considering the European guidelines on the management of sports organisations. Each Member of the Daily Board and each Member Country has one Vote.

  1. The Board of Technical Specifications Management consists of:

  1. Chairman

  1. Ambassador

  1. Higher ranked Dan-Grades from 5th DAN and higher if neccesary


Task of the TSM is:

  • The establishment of the examination requirements for higher Dan degrees (5th Dan and higher);

  • Monitoring the technical level of candidates for examination for higher Dan degree;

  • Monitoring and maintaining the high technical standard of member countries;

  • The planning and organisation of seminars, master classes, workshops, lectures, courses for teachers in Martial Arts and Budo.

  • Examination committees and Dan grading committees for higher Dan degrees;

  • To advice regarding special promotions.


The TSM is completed by the Boardmanager.

The Boardmonager has no vote. His task is to check the requirements (documents) and he authorizes the decision process from the administrative point of view.

GENERAL MEETINGS, ANNUAL CONGRESS

Article 12.

  1. Annually, not later than six months after the end of the financial year, a general meeting, under the name Annual Congress of IMAF-Europe. At this Congress the Daily Board submits its annual report and does it, on submission of the necessary documents, accounts and its accountability of conducted administration in the past federation year.

  1. The Congress is the highest authority of IMAF-Europe.

  1. Congresses are convened by the Daily Board by sending a call-up with agendas to the addresses of the members, subject to a period of at least sixty days between receipt and the start of the meeting. Decisions can only be taken on the explicitly topics listed to the attached agenda.

  1. Congresses are held during the weekend.

  1. Member countries request the Daily Board to be allowed to act as host and organiser of the Congress. If there are multiple requests, the Daily Board determines - possibly by means of a grid - the member country which is designated.

  1. The member country appointed by the Daily Board is responsible for providing the facilities needed to keep the Congress and Seminar.

  1. The call-up and agenda are to be done by the Boardmanager. All items are to be received by him at least sixty days prior to the time of the Congress.

  1. From the provisions in paragraph 3 may be waived only in the Congress in which all members are presented with unanimous votes.

  1. Each member country has one vote.The can delegate their vote to a representative of a another member country or to a member of the Daily Board Europe.

The member Countries can have in total two votes (their own vote and a vote which is delegated; The DBE-Members have their own Vote and more delegated votes.)

Candidate members and beneficiaries also receive a call-up and agenda pursuant to paragraph 3. They have the right to attend the Congress.

  1. The Chairman (President) grants them, at their request, to speak there and gives them the opportunity to have an advisory vote.

  1. The members are obliged, upon request, to provide to the Congress the necessary information and statements. Unless the statutes provide otherwise, all decisions are made by a simple majority of votes.

  1. The Daily Board is authorised to convene the Congress as often as the Board deems desirable. Furthermore, the Daily Board is required to convene an annual Congress no longer than a period of six weeks, if at least ten percent of the members so request. If the Daily Board fails to act within fourteen days of the request, the requesters may convene a Congress themselves.

  2. The congress can be held physical or digital.

  3. After the congress the Boardmanager has to send the decisions within four weeks to Daily Board members and to the Member countries.

COMPETENCES

Article 14.

  1. All competences in IMAF-Europe are due to the Congress, as they are dedicated to the Board, conferred by law, the Constitution and articles of the Rules & Regulations.

  2. The Board is charged with the governing of IMAF-Europe.

  3. All board members jointly authorised to legally represent IMAF-Europe.

  4. For all problems not foreseen by the Constitution and Rules & Regulations the Board of Directors will act accordingly the decision(s) taken by the Congress.

  5. For the raising of loans, and to buy, sell, encumber, lease or rent of immovable property, for agreements whereby IMAF-Europe itself as surety or co-debtor or a debt rear seats, the Daily Board is required to obtain the approval of the Congress.

  6. To resolve issues that would harm IMAF Europe, a member of the Presidential Office may make a resolution decision. He must then inform all other members of the Daily Board of his decision.

THE AUDITING COMMITTEE – FINANCIAL CONTROL COMMITTEE

Article 15.

  1. The Congress appoints annually, but no later than thirty days before the annual meeting, a committee of at least two members, who may not be part of Governing body, to audit the accounts of the preceding financial year, in casu quo of the current or next financial year.

  1. The auditing committee shall report to the Congress its findings. If the research requires a special accounting knowledge than the committee may be assisted by an expert. The Board is required to hand over all necessary information to the auditing committee and the expert, and upon their request, give all financial records, correspondence, minutes and decisions lists of the IMAF-Europe. If approval of the accounting is refused, the Congress is entitled to appoint a new auditing committee, this time of three members and a registered accountant, whose task shall be the assistance of the committee in a new research.

  1. This committee has the same jurisdiction as the previously appointed committee. They shall report their findings to the Congress within six weeks after the appointment. If this committee concludes that de accounting over the last financial year cannot be approved, then they shall bring forward a proposal of measures to be taken in the interest of IMAF-Europe, including a possible resignation of one or more members of the Board.

  1. The Congress shall take all necessary measures in the interest of IMAF-Europe as seen appropriate if the approval is refused after being notified of the decision of the committee.

MEMBER COUNTRIES

Article 16.

  1. A member country is a member organisation of IMAF-Europe with a focus on the promotion and (to do) practicing Martial Arts and Budo.

  1. A member country is a legal person within the meaning of the national and European law as it applies to the country.

  1. Each member country must have the following qualifications:

  1. Structured as a national body open to group all Martial Arts and Budo;

  1. Approved statutes and regulations and accreditation under its own national law;

  1. Every Martial Art of Budo will retain its autonomy within the organisation and will therefore have its own technical committee;

  1. Will be fully independent and democratic, free from any political, religious, racial or commercial influences.

  1. IMAF-Europe recognises only one organisation per country for countries that are located on the European continent.

  1. The recognised member country will be the only organisation having power concerning all matters pertaining to IMAF-Europe.

  1. The member country is member in accordance with Article 7 paragraph 4.

  1. The member country has the rights and duties in accordance with Article 8.

  1. The member country is obliged to pay the annual fee in accordance with Article 9 paragraph 1.

  1. The member country has financial obligations in accordance with Article 11.

  1. The member country is obliged to comply with the Statutes and Regulations of IMAF-Europe.

  1. If a member country wishes to retreat it shall send an official letter to IMAF-Europe headquarters, in which the reasons for their withdrawal shall be explained. This letter will be presented to the next Congress, after the date of the letter.

  1. If a member country loses its status as a member, it has no right to compensation.

  1. A new member country must apply for membership by written letter (paper or electronically) to the address of the Secretary (General Secretary). Each application shall be judged by the Board of Directors of IMAF-Europe and shall be subject for a voting during the next Congress.

  1. If the membership of the new member country is accepted, the Daily Board shall appoint a Supervisor for the period of at least one year and a maximum of two years. The task of the Supervisor shall be the guidance of the process to the full membership.

  1. Full acceptance is only possible after production of a National Constitution by the new member country, and after installation of a National Board of Directors voluntarily a democratically, and where the National constitution must comply with the Constitution of IMAF-Europe. The Constitution of IMAF-Europe always overrules the National constitution.

  1. The installed governance, and the National statutes must comply with National and International laws.

  1. The new member country can develop:

  1. The organisation of National examinations until and including third Dan;

  1. The organisation of National tournaments, competitions and championships;

  1. To apply for the organisation of the Congress and Seminar after three years of full membership.


RULES AND REGULATIONS

Article 17.

  1. The organisation and the roles and responsibilities of both IMAF-Europe and its member countries may be the subject of separate regulations, if the rules of IMAF-Europe shall be established by the Congress of IMAF-Europe.

  1. Member countries can enact their own regulations, provide they are not contrary to the regulations of IMAF-Europe.

  1. New regulations and amendments to regulations enter force on the day on which the competent institution has taken its committed decision.

  1. The rules mentioned in paragraph 1 shall not conflict with the law, even with the statutes of the IMAF-Europe.

MODIFICATIONS

Article 18.

  1. The Constitution can only be modified by decision of the Congress.

  2. If the Congress is convened to assess the modification of the Constitution, a term of at least fourteen days between the date of the Congress and the date of the convocation must be observed. The convocation must include the text of the proposed modification.

  1. A decision to modify the Constitution needs at least 2/3 of the valid voting.

  1. A modification of the Constitution shall come in force after the notary act has been passed. Each member of the Board is competent to execute this act.

  1. The Board shall announce and publish the modifications to the member countries after the notary changes.

DISSOLUTION OF IMAF-EUROPE

Article 19.

  1. IMAF-Europe is dissolved after a resolution to that effect by the Congress.

  1. The provisions of the preceding Article shall apply accordingly.

  1. If after decision to dissolve no liquidators are appointed, the liquidation shall be carried out by the Daily Board of IMAF-Europe.

  1. Any credit balance will not expire to those who are member at the time of the decision to dissolve, but to a designate goal by the Congress.

  1. After dissolution IMAF-Europe continues to exist if the liquidation of its assets make this necessary.

  1. During liquidation, the provisions of the statutes and regulations remain in force as far as possible. In documents and announcements that are from IMAF-Europe in the liquidation phase should add to its name the words "in liquidation".

FINAL DETERMINATION

Article 20.

In all cases where both the law, these statutes, the statutes of the member countries or the regulations do not provide, and in cases where parts of these statutes may be interpreted differently, the Congress of IMAF-Europe decides and outside the sessions of the Congress the Daily Board, the Board of Directors and the Board of Technical Directors.

In cases of urgency, the competent body of IMAF-Europe to decide, shall act in the true spirit of Budo.

DATE OF EFFECT

Article 21.

These statutes are accepted for the first time by the founding Congress on tenth September nineteen hundred and eighty-three at Papendal, the Netherlands.

The Articles of this Constitution shall take effect starting 12rd march 2022.

The Statutes (translation) with Notary Act shall take effect in 2022.

This original signed by the members of the Board of Directors of IMAF-Europe.