Statutes from 2004

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Statutes from 2004

Post  Janus_Gersie on Tue Feb 01, 2011 1:25 pm

Rules of Construction

For the purpose of interpretation of the Statutes and regulations of FISTF, and unless contextually suggested otherwise, the words:
1. “Federation” or “FISTF” shall mean “Federation of International Sports Table Football”.
2. “National Association” or “Association” shall mean any legal person that present itself as managing the activities of the sport table football within the boundaries of a State, whether or not it is a Member of FISTF.
3. “British Associations” shall mean the four National Associations established in the United Kingdom: England, Wales, Scotland and Northern Ireland.
4. “Member” shall mean any National Association member of FISTF as described in Articles 1 and 3 et seq.
5. “Confederation” shall mean the Members located on the same continent or similar geographical concept, which have chosen to associate themselves as described in Article 6.
6. “Congress” shall mean the supreme legislative body of FISTF as described in Article 8 et seq.
7. “Board of Directors” or “Board” shall mean the executive committee of FISTF as described in Articles 12 et seq.
8. “Delegate” shall mean any natural person duly authorized by a Member to represent it at the Congress.
9. “Statutes” shall mean the present statutes of the Federation of International Sports Table Football.
10. “State” shall mean one of the political entities recognized by the United Nations Organization and International Olympic Committee as one of their members.
11. “Club” shall mean any legal person existing under its own name, made-up of Players, and member of a National Association.
12. “Player” shall mean any natural person member of a National Association.

Also:
13. When the words defined in §§ 1 to 12 above are written with a capital letter, they shall refer solely to the definition listed in such §§ 1 to 12, except when rules of grammar would suggest otherwise.
14. In case of any conflict between these Statutes and any regulation, either issued by FISTF or by one of its Members, the provisions of these Statutes shall prevail.
15. If any provision of these Statutes or its applicability to any person or circumstance is held invalid, the invalidity shall not affect other provisions or application of these Statutes which can be given effect without the invalid provision or application, and to this end the provisions of these Statutes shall be severable.
16. As used in the Statutes and in any other FISTF regulation, words in the masculine gender shall mean and include corresponding neuter words or words in the feminine gender and vice-versa, words in the singular shall mean and include the plural and vice-versa, except when specifically provided otherwise.
17. The present Statutes have been drafted in French and English, which are the two official languages of FISTF. Both these two versions have an equal legal value. The text of one version shall be used for the construction of the other version.

I — Name, Membership and Headquarters

Article 1
1-1 The Federation of International Sports Table Football (FISTF) is an association founded for an unlimited duration on the basis of the French Law of July 1, 1901 concerning the association contract, and its enforcement decrees. Any controversy, dispute or claim relating to FISTF, and the interpretation, breach, or enforcement of these Statutes shall be adjudicated in accordance with the laws and regulations of the French Republic. FISTF follows the ethical rules of sport defined by the International Olympic Committee.
1-2 The Members of FISTF shall be the National Associations licensed by FISTF to manage the sport table football in their State.
1-3 Only one National Association per State shall be licensed by FISTF.
1-4 However, FISTF may, in exceptional circumstances, grant membership to other entities. FISTF shall keep a list of the cases that may lead to the approval of a request for membership.
1-5 Each of the four British Associations may be licensed as individual Member of FISTF.
1-6 Providing it receives the assent of the National Association of the State from which it is a part, an association managing the sport table football in a region that has not achieved independence may also be licensed as a Member of FISTF.
1-7 No discrimination shall be tolerated against any National Association or individual on the grounds of citizenship, race, religion, or sexual or political orientation.
1-8 The present Statutes, as well as the regulations and rules of the game enacted by FISTF shall be directly applicable and have vertical and horizontal direct effect on Members, as well as on Players and Clubs affiliated with Members, and on their relationships between each other.
1-9 The headquarters of FISTF are located in France at 9ter rue Pierre Sémard - F-94370 Sucy en Brie.

II — Aims

Art. 2
The aims of FISTF are:
2-1 To promote the sport table football in all possible ways.
2-2 To develop friendly relationships between officials and players of National Associations by promoting the organization of matches of the sport table football in every area.
2-3 To manage the sport table football by taking all necessary statutory and regulatory measures and decisions for the sports, administrative and financial management of the sport table football al the world level.
2-4 To take all necessary measures to prevent breach of the Statutes and regulations of FISTF.
2-5 To settle and adjudicate any controversy, dispute or claim arising between National Associations by enacting statutory, regulatory or other appropriate measures.

III — Members

Art. 3
3-1 A National Association is admitted as Member of FISTF by the Congress after a probation period as Provisional Member. The Board of Directors is competent to grant provisional membership.
3-2 This probation period is necessary to ensure that the National Association complies with all the requirements for membership as listed in the relevant regulations. This period can be of variable duration.
3-3 Provisional Members shall not vote at the Congress, nor shall its individual members be eligible.
3-4 Members and Provisional Members may participate in official competitions.
3-5 The members of National Associations shall be Players and/or Clubs, and their conditions of membership shall de defined by each national Association in accordance with the Statutes and regulations of FISTF as a condition precedent for them to become Members.
3-6 Players and Clubs affiliated with Members may participate in official competitions, subject to the rules of such competition.

Art. 4
4-1 A National Association wishing to become a Member shall offer its request to the FISTF Board of Directors. This request shall include its statutes and regulations. These will be scrutinized by the Board of Directors for conformity with the principles of FISTF.
4-2 The request for membership shall include (but not be limited to) the solemn promise to:
a) Abide by the Statutes, regulations and decisions of FISTF; and
b) Apply the rules of the game in force within FISTF.
4-3 The acceptance by FISTF of the request for membership shall render such promise legally binding on the new Member. This provision shall apply equally to Provisional Members.
4-4 A Member may at any time withdraw from FISTF by informing in writing the Board of Directors.
4-5 Even after it has withdrawn or has been excluded from FISTF, a National Association, its successors and assignees, shall remain liable for any obligation, monetary or otherwise, incurred when it was a Member.

Art. 5
The Congress may grant the title of honorary president or honorary member to persons who have provided exceptional support to FISTF.
Their nomination is proposed by the Board of Directors.
An honorary president or honorary member may attend the Congress in an advisory role, but shall not be allowed to vote.

Art. 6
Members which State is located on the same continent may associate themselves in Confederations that will be recognized by FISTF. The following shall be considered as continents by FISTF:
a) Africa; b) America; c) Asia; d) Europe; e) Pacific.

IV — Legislative, Executive and Administrative Bodies

Art. 7
7-1 The Congress shall be the legislative body of FISTF;
7-2 The Board of Directors shall be the executive body of FISTF;
7-3 The General Secretariat shall be the administrative body of FISTF;
7-4 The Board of Directors may create Committees to support it in its tasks.

The Congress

Art. 8
8-1 The Congress is the general assembly of FISTF and takes place every four years.
8-2 The Board of Directors may at any time call for an Extraordinary Congress.
8-3 On the written request of one third or more of the Members, The Board of Directors shall call for an Extraordinary Congress within three months following the request.

Art. 9
9-1 Membership of the Congress shall consist of one Delegate per Member and of the members of the Board of Directors.
9-2 The Congress is chaired by the FISTF President.
9-3 Each Member shall have one vote at the Congress. The members of the Board of Directors shall not have a vote.
9-4 No Delegate shall represent more than one Member.
9-5 During the term of their mandate, the members of the Board of Directors shall not be appointed as Delegate by their National Association.
9-6 It shall be possible for Members to use postal vote.

Art. 10
10-1 The Congress shall be solely responsible for the approval of the Statutes of FISTF.
10-2 The Congress shall elect the members of the Board of Director in accordance with the present Statutes.
10-3 The Congress shall vote on the approval of the statement of account of FISTF submitted by the Board of Directors.
10-4 The Congress shall vote on the approval of the discharge of the Board of Directors, based on its activity report.

Art. 11
11-1 The Congress votes for elections shall be by secret ballot. In any other case, the vote shall be by show of hand.
11-2 For the election of the FISTF President, if one of the candidates receives a two-third majority of the cast votes at the first round, he shall be deemed elected. Otherwise, further rounds of votes shall be organized between the two candidates who gathered the highest number of votes at the first round. For these further rounds, the candidate who receives an absolute majority of the cast votes shall be deemed elected.
11-3 All other decisions of the Congress shall be taken by simple majority of the cast votes.
11-4 A white vote shall not be considered as a cast vote.

The Board of Directors

Art. 12
12-1 The FISTF Board of Directors shall include the following members:
• One President; and
• One General Secretary; and
• One Vice-President in charge of promotion and marketing; and
• One Vice-President in charge of sports matters; and
• One Vice-President in charge of communication; and
• One Vice-President in charge of financial matters.
12-2 The President shall be elected by the Congress following the procedure in Article 11-2.
12-3 The Vice-Presidents and the General Secretary shall be elected by the Congress following the procedure in Article 11-3.
12-4 The President, the Vice-Presidents and the General Secretary shall all be members of different National Associations, and all of them shall have different citizenships.
12-5 However, the Board of Director may, in exceptional circumstances, authorize a maximum of two of its members to depart from the rule of Article 12-4.
12-6 The President, the Vice-Presidents and the General Secretary shall be elected for a period of four years. They may be re-elected.
12-7 Should the President resign or be impeached from exercising his duties, the Vice-President who has been a member of the Board of Directors for the longest period shall take over his duties up to the next Congress. The next Congress shall elect a new President.
12-8 Should one of the Vice-Presidents or the General Secretary resign or be impeached from exercising his duties, the President shall appoint his successor. The latter shall be appointed up to the end term of the resigning or impeached Vice-President.

Art. 13
13-1 The Board of Director shall be responsible for the management of FISTF.
13-2 The Board of Directors shall draft and implement the necessary regulations for the sports, administrative and financial management of FISTF.
13-3 The Board of Directors shall make all necessary decisions for the management of FISTF, and shall pronounce the sanctions foreseen in the Statutes and in the regulations.
13-4 Regulations, decisions and sanctions from the Board of Director are binding on the Members, as well as on their Players and Clubs.
13-5 The Board of Directors shall present an activity report and a statement of accounts of FISTF for the approval of the Congress.
13-6 The Board of Directors shall be organized in Departments and in a General Secretariat in accordance with the present Statutes.
13-7 The members of the Board of Directors shall have the right to be members of the Committees.

Art. 14
14-1 The President shall be the legal agent of FISTF, with full authority to bind the Federation.
14-2 The President shall chair each session of the Congress, of the Board of Directors, and of any Committee of which he has been appointed as chairperson.
14-3 In case a vote is required, the President shall have the casting vote. This provision shall not apply to the votes of the Congress.
14-4 Should the President not be able to attend, or be impeached from exercising his duties, the Vice-President who has been a member of the Board of Directors for the longest period shall automatically take over his duties.

The Departments

Art. 15
15-1 The Departments depending from the Board of Directors are:
a) The Promotion and Marketing Department; and
b) The Sports Department; and
c) The Communication Department; and
d) The Finance Department.
15-2 Each Department is headed by one of the Vice-Presidents of the Board of Directors.
15-3 The Vice-President in charge of each Department shall create Committees to assist him and nominate the members of such Committee.

Art. 16
The Promotion and Marketing Department

Its responsibilities are:
a) The management of all internal and external promotional activities, and the marketing of FISTF; and
b) To find sponsors, to manage international sponsoring, and to support the Members in their national sponsoring activities.

Art. 17
The Sports Department

Its responsibilities are:
a) The management of all sports activities; and
b) The management and administration of the sports regulations.

Art. 18
The Communications Department

Its responsibilities are:
a) The management of all internal and external publications; and
b) The management of all communications with the international media, and the support of the Members in their relations with national media; and
c) The management and update of the FISTF website.

Art. 19
The Finance Department

Its responsibilities are:
a) Keeping the accounts of FISTF; and
b) Concluding partnership contracts; and
c) The management of procurement; and
d) The production of financial reports and of the yearly statement of accounts; and
e) The follow-up of the payments from the Members and others.

The General Secretariat

Art. 20
The General Secretary is the head of the secretariat of FISTF.

His responsibilities are:
a) The production of the Board of Directors meeting minutes; and
b) The management of the mailing of FISTF; and
c) The management of relations between FISTF and National Associations, Confederations, Departments, and Commissions; and
d) The management of the General Secretariat.

V — Sanctions

Art. 21
21-1 The following sanctions may be imposed on National Associations, as well as on individuals and clubs members of such National Association, by the Congress or the Board of Directors:
a) The admonition; or
b) The official warning; or
c) The fine; or
d) The suspension; or
e) The exclusion.
21-2 Only the Congress, on a proposal from the Board of Directors, is allowed to pronounce the exclusion of a Member.
21-3 A suspended Member, as well as the Players and Clubs affiliated with it, shall loose all benefits of membership for the duration of the suspension, while still retaining all the obligations of a Member.

VI — Finances

Art. 22
22-1 Each Member shall pay a yearly fee, of which the amount, payment plan and conditions of payability shall be defined by the Congress and included in the FISTF regulations.
22-2 Should a Member fail to pay the yearly fee within a reasonable time after it has been formally reminded by the Board of Directors of its duty to pay, the Board of Directors shall penalize it by a suspension until this situation is remedied.
22-3 In case of late payment of the yearly fee by a Member, that Member shall be liable to FISTF for the payment of any damages incurred by FISTF because of the delay in payment, plus interests on the amount of the yearly fee and of the damages from the time the amount was due.

VII — International Competitions

Art. 23
The FISTF may organize World Cups in cooperation with national organization committees.

Art. 24
24-1 The organization of international competitions between teams or individuals representing National Associations shall be subject to the approval of the Board of Directors.
24-2 The organization of such competition may be delegated by FISTF to its Members, and shall be the subject of specific regulations.

VIII — Player’s Categories

Art. 25
Players shall be distributed between various age and gender categories as defined in the relevant regulations.

IX — Rules of the Game

Art. 26
26-1 Each Member shall apply to the sport table football the rules of the game promulgated by the Board of Directors.
26-2 Each Member shall be responsible to ensure that the players and clubs who are its members apply such rules of the game.
26-3 The Board of Directors shall be solely responsible for the publication and modification of the rules of the game.

X — Final Provisions

Art. 27
Any case non provided for in these Statutes and any case of vis major shall be subject to a decision of the Board of Director without leave of appeal.

Art. 28
All the activities of the Departments and Committees shall be performed strictly in accordance with the Statutes and regulations of FISTF.

Art. 29
29-1 Should FISTF be dissolved, its patrimony and capital shall in no case be distributed among the Members. It will be held in trust by de French Supreme Court that will manage it as fiduciary trustee until the Federation is reestablished.
29-2 All Members shall be jointly and severally liable for any and all obligations of FISTF.

Art. 30
The present Statutes have been approved by the Congress of Bologna, September 17, 2004.
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Re: Statutes from 2004

Post  Luis Filipe Horta on Tue Feb 01, 2011 1:43 pm

This is the documents I have about FISTF Statutes and Handbooks:

FISTF Statutes 1994

FISTF Handbook Season 2009-2010

FISTF Proposed Handbook June 2010

FISTF Statutes 2004 english

FISTF Statutes 2004 french


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Re: Statutes from 2004

Post  von K. on Tue Feb 01, 2011 5:48 pm

What is considered as impeachment?

I see that if there is impeachment, then the President can be ousted.

And I see plenty of reason to believe impeachment has happened in Catania's time. At least there seem to be several decisions against the statutes and handbook.

If there is impeachment, then Catania can't, in my view, chair the meeting in Madrid.

So many questions, so little clarity.

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Re: Statutes from 2004

Post  Heinz Eder on Tue Feb 01, 2011 5:56 pm

Who decides about impeachment?
The Congress, the EGM? The other board members? The disciplinary council?
that's another point I have on my list.

von K. wrote:What is considered as impeachment?

I see that if there is impeachment, then the President can be ousted.

And I see plenty of reason to believe impeachment has happened in Catania's time. At least there seem to be several decisions against the statutes and handbook.

If there is impeachment, then Catania can't, in my view, chair the meeting in Madrid.

So many questions, so little clarity.

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Re: Statutes from 2004

Post  Thossa on Tue Feb 01, 2011 6:50 pm

If the majority of BoD and the majority of presidents of member nations impeach the president´s criedibility, is n´t that enough mistrust? And the current situation of FISTF, too?
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Re: Statutes from 2004

Post  von K. on Tue Feb 01, 2011 7:03 pm

Heinz Eder wrote:Who decides about impeachment?

Again there can be different systems in different countries.

In GB it's the legislative body. Which would mean Congress or EGM in FISTF. Impeachment can be called by members, and it is voted in the Congress or EGM.

But again, I don't know the details, or what the french association law says.

If I understand correctly, the idea is to avoid courts.

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Re: Statutes from 2004

Post  alex popoff on Thu Feb 03, 2011 1:39 am

von K. wrote:
Heinz Eder wrote:Who decides about impeachment?

Again there can be different systems in different countries.

In GB it's the legislative body. Which would mean Congress or EGM in FISTF. Impeachment can be called by members, and it is voted in the Congress or EGM.

But again, I don't know the details, or what the french association law says.

If I understand correctly, the idea is to avoid courts.

"Impeachement" in french law means that one person can't be present. That's all !!!
Doesn't matter the reason.
In the case of an impeachement of the President for a meeting, congress or elections ... it is the vice-president who represent him ...
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Re: Statutes from 2004

Post  Guest on Thu Feb 03, 2011 2:21 pm

Ok, I saw, to better understand the point, also the French version of the Statute. It translate impeachment (that in English is something more) with: "Si les Président cesse d'exercer ses fonctions". It means that the relevant clauses say what happen if the president terminate from its charge, but don't say how can he be terminated.
Given this and the lack of other specific clauses in the Statute (at least in the 2004 one, the one I saw), a termination of the charge should be regulated according to general law and principles.
I don't have in front of me the agenda of the meeting to evaluate if, in case the Presidend don't dismissbefore elections, the EGM can however revoke him and keep elections. If somebody can post the agenda I will try to evaluate it.
Meanwhile, Alex, can you tell us for Assiciations in France which is the general rule in order to revoke a board member? Can it be done always and without a specific reason or only when there are specific topics (as approval of financial statements) in the agenda? If you have difficulties in verifying this I can try to ask a french lawyer.
Best

alex popoff wrote:
von K. wrote:
Heinz Eder wrote:Who decides about impeachment?



Again there can be different systems in different countries.

In GB it's the legislative body. Which would mean Congress or EGM in FISTF. Impeachment can be called by members, and it is voted in the Congress or EGM.

But again, I don't know the details, or what the french association law says.

If I understand correctly, the idea is to avoid courts.

"Impeachement" in french law means that one person can't be present. That's all !!!
Doesn't matter the reason.
In the case of an impeachement of the President for a meeting, congress or elections ... it is the vice-president who represent him ...

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Re: Statutes from 2004

Post  alex popoff on Thu Feb 03, 2011 7:30 pm

[quote="giufaz"]Ok, I saw, to better understand the point, also the French version of the Statute. It translate impeachment (that in English is something more) with: "Si les Président cesse d'exercer ses fonctions". It means that the relevant clauses say what happen if the president terminate from its charge, but don't say how can he be terminated.
Given this and the lack of other specific clauses in the Statute (at least in the 2004 one, the one I saw), a termination of the charge should be regulated according to general law and principles.
I don't have in front of me the agenda of the meeting to evaluate if, in case the Presidend don't dismissbefore elections, the EGM can however revoke him and keep elections. If somebody can post the agenda I will try to evaluate it.
Meanwhile, Alex, can you tell us for Assiciations in France which is the general rule in order to revoke a board member? Can it be done always and without a specific reason or only when there are specific topics (as approval of financial statements) in the agenda? If you have difficulties in verifying this I can try to ask a french lawyer.
Best]

Please note that the law for a company is not the same as for an association (like FISTF).
FISTF is under the law of " loi des associations 1901"
Empêchement (in french) = absence
You can revoke someone for disciplinary reasons, or because he didn't pay his annual fee, or because of his absence to the meetings, or because he didn't respect the rules ... The revocation can be decided by the "disciplinary commission" or after a proposition of the Board and a vote of the members during the Congress or EGM ...
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Re: Statutes from 2004

Post  alex popoff on Thu Feb 03, 2011 8:03 pm

I put here again what I wrote in this forum after the Elections were canceled :

Re: FISTF Congress - Elections cancelled
alex popoff on Wed Sep 08, 2010 1:58 am

.Dear Friends !

I understand that a lot of you don't know what to do now because of the Statutes ( which are under the French Law ).
Don't worry ! you don't need a lawyer to understand the situation ! It is very simple :
For the French law, since last weekend FISTF doesn't got any more a Board !

WHY ?
Because it was clear for the two parties (winners and loosers of the last Extraordinary Congress of January 2010) that the winners were "provisionnal" (that was written on the report they send to all the countries : Circular0006) and that new Elections must be made during the Congress of September to officialize a Board !
That was refused by the "Provisionnal Board" at the last moment and in spite of the request of some representatives of member countries ! This is nos allowed.
That means that they don't garantee any more the FISTF obligations as written in the statutes, and by deduction that they resigned from their principal role.

So now, for the French law, the power returns to the member countries (a sort of council) who can decide new Elections to establish a new official Board !


Until now a lot of you respected that provisionnal Board and accepted that they decide for the date and the place for new Elections. But if it is a new mascarade in Madrid I hope we'll decide to turn the page and have the courage to create something new in the spirit to help the sport !
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Re: Statutes from 2004

Post  Guest on Fri Feb 04, 2011 1:58 am

Sorry Alex,
Can you tell me where the "provisional" board is regulated in the Statute?
If it is not, is there a specific rule in French Law that state that an Association can have a board provisional, even if it is not previewed in the Statute?
If not differently stated in the statute or the law, the duration cannot be modified by associates at the moment of elections (they should before change the statute).
Of course association are different from companies, but the rule on governance are very similar for all corporations and differ only in specific points.

It is the same in Italy being the basis in common European directives and regulations.

Can you also indicate in which articles of French law for associations are regulated the revocations methods you indicated? I think it is very important as they can be useful in Madrid (a revocation is possible only is expressly regulated and not at any moment).

I have French codes and legislation with me and I'm looking for reviewing the articles of law that you will indicate.
Best


alex popoff wrote:I put here again what I wrote in this forum after the Elections were canceled :

Re: FISTF Congress - Elections cancelled
alex popoff on Wed Sep 08, 2010 1:58 am

.Dear Friends !

I understand that a lot of you don't know what to do now because of the Statutes ( which are under the French Law ).
Don't worry ! you don't need a lawyer to understand the situation ! It is very simple :
For the French law, since last weekend FISTF doesn't got any more a Board !

WHY ?
Because it was clear for the two parties (winners and loosers of the last Extraordinary Congress of January 2010) that the winners were "provisionnal" (that was written on the report they send to all the countries : Circular0006) and that new Elections must be made during the Congress of September to officialize a Board !
That was refused by the "Provisionnal Board" at the last moment and in spite of the request of some representatives of member countries ! This is nos allowed.
That means that they don't garantee any more the FISTF obligations as written in the statutes, and by deduction that they resigned from their principal role.

So now, for the French law, the power returns to the member countries (a sort of council) who can decide new Elections to establish a new official Board !


Until now a lot of you respected that provisionnal Board and accepted that they decide for the date and the place for new Elections. But if it is a new mascarade in Madrid I hope we'll decide to turn the page and have the courage to create something new in the spirit to help the sport !

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Re: Statutes from 2004

Post  Janus_Gersie on Fri Feb 04, 2011 10:37 am

giufaz wrote:Can you tell me where the "provisional" board is regulated in the Statute?

It is only a wording we (and the board) used in order to explain their willingness to have new elections in September 2010. They called themseves "provisional" at the elections in Frankfurt. It is not regulated by the statutes.

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Re: Statutes from 2004

Post  drastis on Fri Feb 04, 2011 1:23 pm

I think it is a typical case of "good will exploitation". The people who lead the current "provisional" BoD took advantage of the the good will (and ignorance) other people showed in Frankfurt. In my opinion, they knew very well that according to law there was no provisional BoD actually. And they intended to use this fact when it suited them.

It was a HUGE mistake that elections did not happen in Rain, when the power was in the hands of the nations and there was the potential to put pressure. Only imagine what kind of reactions you would have, if the Italian representatives announced to their players that they would not play due to political reasons. Italian players would send them back to Italy on the first plane available.

The same goes for now. It will be EVEN WORSE if there are no elections in Madrid. We don't know of the real intentions of Catania, but we know what he has done until now and we know who his partners are.

As for Greek delegates, I repeat once more, the decision of the second degree court is final (the number of the verdict is 5740/26-11-2010), the elections of 2008 in Greece ARE INVALID, there is no legal BoD to name the people who will represent Greece. FISTF nations must not show good faith to the people who are preparing to represent Greece, while they know already the decision of the second degree court says they are not legal. FISTF nations representatives don't let yourselves be fooled again.

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Re: Statutes from 2004

Post  Admin on Fri Feb 04, 2011 1:39 pm

In Rain, elections were about to take place when De Francesco made blackmail and nobody had the balls to tell him "go to hell"...
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Re: Statutes from 2004

Post  drastis on Fri Feb 04, 2011 1:58 pm

Admin wrote:In Rain, elections were about to take place when De Francesco made blackmail and nobody had the balls to tell him "go to hell"...

This is what I wrote Vincent, I only used a better wording Cool

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Re: Statutes from 2004

Post  von K. on Fri Feb 04, 2011 2:43 pm

If I remember correctly, De Francesco wrote in the italian forum, that it was the decision of Enrico Corso. So maybe it is better to talk about the decision of FISCT.

De Francesco has written that it was because the elections would have been illegal. So everyone can interpret the decision as they wish. I didn't like it at all, and clear reasons were not given there, but I can't say for sure what the reason was and who decided it.

Of course this stance of FISCT would have been more useful to know before travelling to Rain.

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Re: Statutes from 2004

Post  von K. on Fri Feb 04, 2011 2:46 pm

Back to the statutes, and the legality:

2 questions for Giufaz and other lawyers (Alex already gave his view in the other topic):

1. The Statutes talk about 4 year term fo a Board elected in Congress. It doesn't say the same applies for EGM. Is it automatic that it applies to EGM, too? This was never clarified by any Board before Frankfurt or Rain, although the question was raised at least before Rain.

2. If an EGM decides to have elections before 4 years, is it still possible for the Board to dismiss the elections, even after the elections are announced by the Board, based quite incredibly on the argument "we didn't have time to finish our work"?I want to remind you, that Finland voted by post in Frankfurt under the information that in Rain there will be new elections (we voted for a provisional Board, not for a 4 year Board). So, if this was not true, the information given to members (voters) was false. What is the consequence of this according to law?

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Re: Statutes from 2004

Post  von K. on Fri Feb 04, 2011 4:25 pm

A third question:

Can an association get its membership fee back and demand other compensation, if FISTF, by the decision of Board, changes its promises about elections, and thus has been elected according to false information (see circular0006 from January 2010)?

That Circular was sent to associations signed by "The Provisional Board Of FISTF" on January".

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Re: Statutes from 2004

Post  panagios on Fri Feb 04, 2011 4:26 pm

why should a country do this? they do not pay to be members of the bod. they pay to be members of FISTF.

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Re: Statutes from 2004

Post  von K. on Fri Feb 04, 2011 4:30 pm


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Re: Statutes from 2004

Post  von K. on Fri Feb 04, 2011 4:38 pm

Legal comments based on that circular are also very welcome.

panagios wrote:why should a country do this? they do not pay to be members of the bod. they pay to be members of FISTF.

Why not, if the federation doesn't act according to the rules, according which the association pays the fee?

If FISTF as a federation feels it was the Board's illegality, that caused this by personal actions, then the FISTF should sue the BoD for damages (i.e. the fee's returned to members).

Just interested in the legal points. The 100 euro's is not so much, but I'd rather have used it for our own activity than for Catania & co's scam. You can see the circular0006 with a promised congress and elections in September 2010, in the name of all BoD members, thus FISTF. And they also talk about themselves as "provisional Board".

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Re: Statutes from 2004

Post  panagios on Fri Feb 04, 2011 4:42 pm

to be frank, I find this quite idiotic. therefore, every country could be in and out of FISTF if they did not like the bod or if they just voted for the other guys.

But again , everyone has an opinion.

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Re: Statutes from 2004

Post  von K. on Fri Feb 04, 2011 5:00 pm

panagios wrote:to be frank, I find this quite idiotic. therefore, every country could be in and out of FISTF if they did not like the bod or if they just voted for the other guys.

I'm not talking about liking decisions or BoD.

I'm talking about clear violations against what was promised officially, and illegally cancelled (elections in Rain). The elections in Frankfurt were based on the information about the BoD being elected as provisional. Thus members have been paying the fee under false promises about the work of FISTF.

I don't see anything idiotic in finding out one's legal rights in a situation like this. And I must add, that it is in principle that I'm interested, not money.

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Re: Statutes from 2004

Post  panagios on Fri Feb 04, 2011 5:03 pm

if it not in the statutes, anything promissed is a promiss written in snow.

therefore, to expect something out of such promisses is idiotic (if you are offended, use the term daydreaming)

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Re: Statutes from 2004

Post  von K. on Fri Feb 04, 2011 5:37 pm

panagios wrote:
therefore, to expect something out of such promisses is idiotic (if you are offended, use the term daydreaming)

No problem, I'm not offended. I like daydreaming, and idiots are often happier than the others...

You don't think an official communication of the BoD with all the BoD members names under it counts for anything? I would like to know, because in Finland it would count in courts.

Also I would find it strange if it would not be a legal issue if an election of something, will change after the election to something else. Again a case where the finnish legal system (at least regarding condominiums) would find irregularities.

Perhaps the french law allows these things, but then it is time to register FISTF or a new federation under some other country's law.

Nevertheless, even if it is regarded stupidity, I'm waiting on some lawyer comments on these.

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