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ROYAL MALTA YACHT CLUB

STATUTE

1. Name and Constitution

The name of the Club shall be the ROYAL MALTA YACHT CLUB. The Club exists to encourage and provide facilities for the sport of yachting and related social activities. Membership is open to all persons interested in the sport of sailing or motor yachting, be it cruising or racing, subject to approval by the Committee.

2. Membership

2.1 There shall be the following categories of membership:

2.1.1 Full - open to all persons over 18 years of age;
2.1.2 Life - open only to full members;
2.1.3 Honorary - granted by the Committee for a specific period to persons in acknowledgement of exceptional services to the Club;
2.1.4 Overseas - open to persons whose main residence is outside of Malta but who may visit Malta for periods not exceeding three months per year;
2.1.5 Family - open to full members including their partners and children up to the age of 18;
2.1.6 Cadet - open to persons under the age of 18 years and full time students up to the age of 25;
2.1.7 Temporary - open to members of yacht clubs with which there is a reciprocal agreement for the period stated in the agreement;
2.1.8 Corporate - open to corporations registered in Malta at least one director of which is a Full member. Each such membership carries a total of up to ten memberships which are interchangeable amongst the members of the corporation;
2.1.9 Social - Open to persons normally eligible for membership whose entitlement shall be strictly limited to the use of the Club catering facilities.

2.2 Only Life and paid-up Full Members carry voting rights.

3. The Committee and Officers of the Club

3.1 The management of the Club shall be conducted by a Committee consisting of nine members who shall be elected at an Annual General Meeting for a period of one year each. Members carrying voting rights alone, after at least three years of continuous membership, may be elected onto the Committee.

3.2 The Officers of the Club shall be as follows, in order of seniority:

Commodore
Vice Commodore
Honorary Secretary
Honorary Treasurer
Rear Commodore (Racing)
Rear Commodore (Cruising)
Rear Commodore (House).

The Commodore shall be elected annually by the Committee from amongst its members at a meeting chaired by the person having obtained the majority of votes during the election of the Committee, or otherwise by the most senior officer of the previous Committee present. The elected Commodore shall nominate appointments of Officers to be approved by election amongst the members of the Committee.

All Officers with the exception of the Commodore may or may not be appointed at the discretion of the Committee. The Flag Officers of the Club shall be the Officers of the Club.

3.3 The Committee may approach the President of Malta with a view to being the Club's patron.

3.4 The honorary office of President may be offered to whomsoever the Committee shall select.
Any person so selected may remain in office for three years but may be reappointed on an annual basis by the Committee. The President's role shall be an advisory one, to be sought at the discretion of the Committee.

3.5 The Honorary Treasurer will be the Club's financial adviser and the finance of the Club will be under his direction. He will also be responsible for supervising the Club accounts, the preparation of annual budgets and the preparation and presentation of the audited financial statements to the members at the Annual General Meeting. All financial transactions relating to the Club shall be done under the signatures of the Honorary Treasurer, together with the Commodore, or the Vice Commodore, or any other delegated member of the Committee.

3.6 The Committee shall have the power to make any bye-laws it may deem necessary, provided such bye-laws are not in conflict with the Statute. The Committee shall cause any such bye-laws to be communicated to all members of the Club, and to be available for inspection at any time in the Club office. Bye-laws shall be numbered sequentially and dated.

3.7 Meetings of the Committee shall be chaired by the Commodore, or in his absence by the senior Officer present.

3.8 Decisions requiring a vote to be taken shall be based on a simple majority vote, with the Chairman having a casting vote.

3.9 A meeting of the Committee shall only be deemed to be properly constituted if due notice has been given to all members, which ordinarily should be at least seven days in advance.

3.10 The quorum necessary to constitute a Committee meeting shall be five voting persons. If only five members are present at a meeting, any decision taken must be unanimous.

3.11 The Committee may appoint sub-Committees with such Chairmen, members and powers as it deems fit. Chairmen of such sub-Committees may co-opt such members as may be deemed necessary. Co-opted members shall not be entitled to attend meetings of the Committee, however Committee members are entitled ex-ufficio to attend any sub-Committee meeting.

3.12 Any Committee member who fails to attend three meetings held in the term of office of the same Committee shall be required to stand down if a majority vote so determines.

3.13 The Committee shall cause an Official Club Notice Board to be erected and maintained within the Club House, on which all official notices issued by the Committee shall be posted. Notices shall be deemed to have been effectively published after having been posted on the Notice Board.

3.14 Should a Committee member resign during his term of office a replacement may be appointed at the Committee's discretion to serve until the next Annual General Meeting. Such a replacement will not carry voting rights within the Committee.

4. Election of Club Members.

4.1 The election of members is vested in the Committee and should any question arise in respect of any candidate his or her election shall be by majority ballot. Each application shall be made on the appropriate form issued by the Committee, shall be duly proposed and seconded, and shall be accompanied by payment of the Entrance Fee if appropriate. Should the application not succeed this fee will be refunded.

4.2 No member may propose or second a candidate for election until he / she has been a Full member for at least one calendar year.

4.3 A completed application form for membership shall be displayed on the Notice Board of the Club for a period of not less than 14 days prior to being put before the Committee for consideration. Any member may submit comments to the Committee regarding any application, and the Committee shall consider such comments before the relevant election.

4.4 A written notice of election shall be sent to each newly elected member, together with a copy of the Statute and of any current Bye-laws and a request for payment of the first subscription appropriate to the category.

4.5 Except for Life and Honorary members, membership shall not become effective until the subscription has been paid. If it has not been paid within three months of the posting of the notice of election, the election shall be deemed void, and no refund of entrance fee will be made.

5. Fees

5.1 Applications for Full and Corporate membership alone shall be subject to the payment of an Entrance Fee, which fee shall be as determined by the Committee. All categories with the exclusion of Honorary and Life membership shall be subject to payment of Subscription Fees as determined by the Committee.

5.2 The table of Fees and Subscriptions shall be issued as a Bye-law to this Statute. The Committee shall have the power at any time to alter the amount of annual Subscription providing that the variation does not exceed twenty percent in one calendar year.

5.3 Members elected between 1st January and 30th June in any year shall pay the full subscription. Those elected between 1st July and 31st December shall pay one half only during the year of election.

5.4 Subscriptions are payable annually in advance on January 2nd and not later than January 31st. Members are responsible for payment of their Subscription without the Club having any liability to send any notification. If any member shall be in arrears with his or her Subscription after this date the Committee may cause his or her name to be posted on the Notice Board of the Club, but whether posted or not he / she shall cease to be entitled to use or enjoy any of the Club facilities, benefits or privileges as long as the Subscription shall remain in arrears. If this Subscription is not paid by the 30th June of the year for which it was due, such member shall cease to be a member of the Club. A member whose membership has been so terminated may be proposed and considered for re-election at the discretion of the Committee.

5.5 The Committee may accept applications from members for a change in category when and if personal circumstances so determine. All categories of membership with the exclusion of Cadets applying to convert to Full membership shall pay the Entrance fee with such application.

5.6 The first payment of a Subscription shall be an acknowledgement by the member that he or she is bound by the Statute and Bye-laws of the Club, and all alterations and additions duly made to them.

6. General Meetings

6.1 No less than 21 days' notice of any General Meeting shall be given to all categories of membership. Due notice of a General Meeting shall be deemed to have been given on the day on which it was posted (by ordinary post), addressed to the Member at the last known address according to the Club register.

6.2 To constitute a General Meeting, there shall be at least 21 voting members present, provided that if the required number of members is not present fifteen minutes after the time fixed for the Meeting, the Meeting shall be held irrespective of the number of Members present and every decision taken at that Meeting shall be binding on all Members of the Club.

6.3 General Meetings shall be chaired by the Commodore of the Club, or in his absence by the most senior Club Officer present.

6.4 Decisions at any General Meeting shall be taken on the basis of a simple majority vote, with the exception of decisions regarding Amendments to the Statute or Dissolution of the Club which will require a two thirds majority of the members present and entitled to vote. The Chairman of the Meeting shall have a casting vote.

6.5 The Annual General Meeting shall be held at or before the end of February of each year for the following purposes, to be considered in the order as listed:

6.5.1 Approval of Minutes of previous General Meeting/s;
6.5.2 Receiving and discussing the Reports of the Flag Officers and of the Honorary Treasurer and approval of the Audited Financial Statements for the previous year;
6.5.3 Appointing Auditors to hold office until the end of the year;
6.5.4 Transacting any business of which due notice has been given;
6.5.5 Appointing Electoral Commissioners;
6.5.6 Closure.

6.6 All proposals for items of business to be discussed at the Annual General Meeting shall be seconded and submitted in writing to the Honorary Secretary at least fourteen days before the date of the Meeting.

6.7 An agenda of all business to be brought before the Annual General Meeting, together with the Minutes of the previous General Meeting/s to be approved during the Annual General Meeting and a copy of the Audited Financial Statements for the previous year, shall be available for inspection in the Club office to Club Members at least seven days before the date of the Meeting.

6.8 Two separate attendance sheets shall be available to Members at any General Meeting, one to be signed by Members present carrying voting rights and one to be signed by Members present not carrying voting rights.

6.9 Three Electoral Commissioners shall be elected by the Members present at the Annual General Meeting. A ballot box will be made available for Members to cast their votes for the election of the new Committee until fifteen minutes after the closure of the Annual General Meeting.

6.10 The Electoral Commissioners shall announce the result of the election as soon as possible after the conclusion of voting. In the event of a tie the election shall be settled by drawing lots by the Electoral Commissioners.

6.11 The Commodore shall call an Extraordinary General Meeting if required by the Committee, or if requested in writing to do so by not fewer than twenty one voting members. Not less than twenty one days' notice of such Meeting shall be given, and the Notice shall specify the business to be conducted. No other business shall be conducted at that Meeting.

7. Election of Committee

7.1 Names of candidates for election to the Committee, duly proposed and seconded by Members carrying voting rights, shall be submitted on the prescribed form to reach the Honorary Secretary at least fourteen days before the date of the Meeting, and shall be posted on the Club Notice Board not less than ten days before the date of the Meeting.

7.2 Election of membership to the Committee shall be by secret ballot, and open for three days before the Annual General Meeting. A ballot box will be made available, in the Club office, for the three days leading up to the Annual General Meeting. Members entitled to vote may, at any time during office hours, and during such period, cast their votes for the election of candidates to the Committee. Voting will close fifteen minutes after the time of closure of the Annual General Meeting. Votes will be cast on the prescribed ballot sheets. Balloting will cease during the meeting.

8. Affiliation and Reciprocal Agreements

8.1 The Club shall be affiliated to the National Authority for the Sport of Sailing in Malta, as long as this Authority is affiliated to the International Sailing Federation.

8.2 The Club may enter into reciprocal arrangements other yacht clubs when the Committee considers it to be of benefit to do so. Members of such clubs shall be deemed Temporary Members of the Club.

9. Club House

9.1 Visitors to the Club House may be introduced by any category of member. Visitors' names shall be entered by the Members introducing them in a book kept at the Club House for that purpose. A Member may not introduce the same visitor on more than four days within one calendar year, nor may he or she invite more than four guests at any one time except by prior arrangement with the Committee.

9.2 No Member shall use the address of the Club in any advertisement connected with business, or otherwise abuse the privilege of membership by using the Club name and / or its address for business purposes.

10. Discipline

10.1 The Committee, at its own discretion, may investigate actions by any Member occurring during yachting activities or on Club premises which are considered to be contrary to the accepted standards of behaviour in such circumstances. The Committee may penalize the Member concerned by suspending him or her from participation in any number of Club activities as may be deemed appropriate.

10.2 It shall be the duty of the Committee, if at any time it shall be of the opinion that the interests of the Club so require, to invite by letter any Member to resign from the Club within a time specified in such letter, giving the reasons. In default of such resignation the Committee shall invite the Member in question to make representations, verbally or in writing, as to why he or she should not be expelled, following which the proposal to expel such a Member shall be put to a vote of a Committee meeting to be held at the earliest opportunity.

10.3 Decisions taken in regard of matters under items 10.1 and 10.2 shall be posted on the Notice Board. Decisions taken by the Committee in this respect shall be final and not subject to appeal.

11. Club Flags, Badges, Ties and Scarves.

11.1 The Club Burgee shall be white at the hoist for two-sevenths of the length and red at the fly, with a Tudor Crown proper superimposed at the center of the division. The hoist of the flag shall be one half of the length, and height and width of the Crown shall be equal and shall be one third the length of the hoist of the flag.

11.2 The Club Ensign shall be whichever of the following is appropriate:
a. The Maritime Flag of the Republic of Malta, or
b. The Blue Ensign defaced with the Maltese Cross and the Tudor Crown. No yacht may wear this Ensign without a permit from the Club.

11.3 The President's Flag shall be rectangular of the same design as the Club Burgee.

11.4 The Commodore's Broad Pennant shall be a swallow-tail Burgee of the same design otherwise as the Club Burgee. The distance between the points of the tail to be one half the hoist and the angle of the tail to be sixty degrees.

11.5 The Vice Commodore's pennant shall be similar to the Commodore's pennant with the addition of one red disc, the diameter of which is to be one-sixth the hoist of the flag, in the center of the upper canton next to the staff.

11.6 The other Club Officers' pennant shall be similar to the Vice Commodore's pennant but with two red discs disposed symmetrically on a line bisecting the upper canton lengthwise and at a distance from each other equal to their radius.

11.7 The Club Blazer badge and Cap badge shall be a Tudor crown above an anchor, both in gold embroidery, with a Maltese cross in white and red silk embroidery superimposed upon the anchor, all enclosed within a gold cable. Extreme dimensions to be 90mm x 70mm for the Blazer badge and 45mm x 30mm for the Cap badge. Wearing of these Badges shall be restricted to Club members.

11.8 The Club Tie and the Club Scarf shall be Navy Blue in colour with images of the Club burgee flying from a gold coloured staff superimposed in columns laid out in a diagonal fashion at an angle of 72 degrees to the horizontal. Extreme dimensions of burgee to be 18mm x 10mm, height of staff to be 21mm. Vertical orthogonal spacing of burgees in each column to be 64mm measured from lines drawn horizontally through the tails, horizontal orthogonal spacing of columns to be 53mm measured between lines drawn along the tails. Rows are to be staggered so that vertical orthogonal distance between tails of burgees in adjacent columns is 21mm. Wearing of this tie and scarf shall be restricted to Club members.

11.9 Any former Flag Officer of the Club who has served in such position for three years or more shall be granted the privilege of flying the relative
Pennant when not in the presence of the Flag Officer in office, unless such privilege is expressly withdrawn by the Committee.

12. Amendments to the Statute

12.1 This Statute may be amended or repealed by resolution at an Annual or Extraordinary General Meeting, carried by a majority of at least two-thirds of the Members present and voting.

13. Dissolution of the Club

13.1 The Club shall be dissolved if it is so resolved by a majority of not less than two-thirds of Members entitled to vote at an Extraordinary General Meeting called for in accordance with Rule 6.11.

13.2 On the passing of such a Resolution the Committee shall appoint Trustees forthwith, or at such date as shall be specified in such resolution, who shall proceed to realize the property of the Club and, after discharge of all liabilities, shall divide such property equally among the Members carrying voting rights. Upon the completion of such divisions, the Club shall be dissolved. The Trustees shall give full consideration to any directions given by the Committee in regard to the realization and division of property of the Club.

14. Interpretation of the Statute

14.1 The Committee shall be the sole authority for the interpretation of this Statute and any Bye-Laws made thereunder. The decision of the Committee shall be final and binding on all Members.

Approved by Extraordinary General
Meeting held on the 17th January 2003
Amended at Annual general Meeting
held on the 12th February 2003
Amended at Annual General Meeting
held on the 19th February 2004