2010 IKA Annual General Meeting
Minutes
Held on Sunday 7th of November, 2010, at Stratos Vassilikos Hotel, Athens, Greece
I. Welcome and Apologies
Chairman Richard Gowers welcomed the delegates to the 2010 AGM and opened the meeting at 1505 hours.
There were no apologies to note.
Votes represented:
via email:
France
Spain
Portugal
National associations represented through proxies:
Argentina -> proxy to Markus Schwendtner
Poland -> proxy to Bruno de Wannemaeker
Board members represented through alternates:
John Gomes -> represented by John Craig
Antoine Carretero -> represented by Francois Cuizinaud
Beto Anido -> represented by Markus Schwendtner
Board members present:
Richard Gowers
Bruno de Wannemaeker
Markus Schwendtner
National associations present:
Italy
Belgium
Hong Kong
Great Britain
Morocco
Greece
Germany
Brasil
There were 16 votes represented around the table at the beginning of the meeting, the board member elected under topic VI received an additional vote after the election, resulting in 17 votes represented around the table; plus 3 votes given by email.
II. Previous Minutes
The minutes of the previous meeting were unanimously approved.
III. Chairman's Report
Richard Gowers reported on the class activities in the past year in terms of membership and world wide expansion. There are 25 national class associations being members of the IKA by now and another 15 in the pipeline waiting for approval by their respective national AGM.
Another focus has been on the development of the racing equipment and to bring kiteboarding into the Olympic Games.
The class expanded through continental tours which have been very well received, helping to develop kiteboarding associations to a level of more than 60 active national fleets.
IV. Executive Secretary’s Report
Markus Schwendtner went deeper into detail on expanding on the international competitions. The class has an active world tour run by the PKRA and two vital continental tours in Europe and Asia with participation levels of around 200 competitors each.
Neil Godbold was then invited to make a short presentation of the Asian Tour as well as Phil Mandeau on the European Tour and their respective plans for the future.
V. Financial Statement
Markus Schwendtner presented the provisional accounts for 2010 as the 2009 accounts have been already approved on the past AGM. The final accounts will be made available after the end of the financial year.
VI. Elections
One Seat on the Executive Committee became vacant this year. There have been 3 nominations:
a. Julian Hosp (Judge on PKRA, KTA, KTE)
b. Mirco Babini (Italian Kiteboarding Association)
c. Rachid Rousafi (Moroccain Kiteboarding/Sailing Association)
Result: Mirco Babini 7 votes, Julian Hosp 6 votes, Rachid Rousafi 6 votes
Note: voting was held in a closed ballot
VII. Any other matters including those concerning Class Rules
(1) Age Categories (a submission from the Executive Committee)
To use the same age categories for young, youth and senior as defined by ISAF (if ISAF submission 058-10 passes)
Result: Rejected (1 approve / 19 reject / 0 defer / 0 abstain)
(2) Age Categories (a submission from AFCK)
To define the age categories as follows:
- youth: 14 to 17 years old in the year of the competition
- senior: 18-39 years old in the year of the competition
- master: 40 years or older in the year of the competition
Result: Rejected (2 approve / 18 reject / 0 defer / 0 abstain)
(3) Age categories (a submission from BABC)
To define the age categories as follows:
- junior: under 17 years old in the year of the competition
- youth: 17-19 years old in the year of the competition
- senior: 20-34 years old in the year of the competition
- masters men: 35-44 years old in the year of the competition
- grand masters men: 45 years or older in the year of the competition
- masters women: 30-39 years old in the year of the competition
- grand masters women: 40 years or older in the year of the competition
Result: Rejected (1 approve / 17 reject / 0 defer / 2 abstain)
(4) Age categories (a submission from the riders committee)
To introduce a separate division and championships for kids under 14 years old in Freestyle. Furthermore it would be good if kids under 14 would be allowed to compete in the tours (PKRA and KTE/KTA)
Result: Approved (19 approve / 1 reject / 0 defer / 0 abstain)
The Executive Committee will impose the following policy for the remaining age categories in 2011 and come back with a new submission based on this policy for the 2011 AGM:
The general categories will be youth (under 18 in the year of the competition) and master (35 and over in the year of the competition). Submission 4 introduces an additional junior category for freestyle for under 14. For racing, an additional grand master category for 45 and over will be introduced.
(5) Course Racing Equipment (a submission from the Executive Committee based on negotiations with National Associations,Riders and Industry)
To introduce an equipment division for racing through the championship rules with the following limitations:
- Max length: 190 cm
- Max width: 70 cm
- Max Fin length: 50cm
- Minimum weight for directional boards: 4 kg (without fins and straps)
- Max number of boards to be used in one event: (delete: 2) 1
- Max number of kites to be used in one event: (delete: 4) 3
- Max size of kite: 19 sqm
- Min number of equipment to be registered for production status: 50
Result: Approved with amendments (20 approve / 0 reject / 0 defer / 0 abstain)
The amendments for 1 board and 3 kites as well as minimum weight have been brought in through the subsequent submissions 10, 11 and 17.
The main concern around the table was for a healthy grow of the racing fleets, which means bringing the costs down for equipment and travel for the “normal” not sponsored rider which resulted in a further limitation in the number of equipment to be registered per event
(6) Course Racing Equipment (a submission from the Executive Committee based on negotiations with National Associations,Riders and Industry)
To introduce production limitations as class rules in a suitable form from 2012
Result: Approved (20 approve / 0 reject / 0 defer / 0 abstain)
Note: The 2011 world championship as well as any other events will be run on OPEN equipment, but they MAY introduce an optional production division scoring. This production division scoring will be published on the IKA website as production world ranking.
(7) Equipment (a submission from the Executive Committee)
To change the class rules so that any boards eligible for competition in Racing and Freestyle, as well as any kites for any discipline, must be production and registered from 2012 on and comply with the update version of the AFNOR Norm
Result: Approved (18 approve / 1 reject / 0 defer / 1 abstain)
(8) Course Racing Equipment (a submission from AMK)
To chose one board as one design equipment for course racing
Result: Rejected (0 approve / 18 reject / 0 defer / 2 abstain)
(9) Course Racing Equipment (a submission from PKA)
To limit the maximum length of fins for the course racing production division to 40 cm
Result: Rejected (7 approve / 11 reject / 0 defer / 2 abstain)
The motion on the table was that the current fin limitations would allow for further development of board designs in respect of 3-fin or other designs.
(10) Course Racing Equipment (a submission from PKA)
To limit the maximum number of boards to be used during one event to 1
Result: Approved (16 approve / 3 reject / 0 defer / 1 abstain)
(11) Course Racing Equipment (a submission from PKA)
To limit the maximum number of kites to be used during one event to 3
Result: Approved (19 approve / 1 reject / 0 defer / 0 abstain)
(12) Course Racing Equipment (a submission from PKA)
To require kites to follow the same series production requirements as boards (concerning number of pieces, registration scheme etc)
withdrawn as included in other submissions
(13) Course Racing Equipment (a submission from PKA)
To limit the maximum amount of fins to 4 and require them to be production. Maximum 1 set of fins to be used during one event. Minimum production number of fin sets: 50
Result: Rejected (3 approve / 16 reject / 0 defer / 1 abstain)
The motion around the table was that free choice of fins are essential to trim the boards for different wind and water conditions especially taking into account that only 1 board may be registered per event.
(14) Course Racing Equipment (a submission from PKA)
The production gear should mean minimum 50 boards, as well as 50 kites in each size and 50 sets of fins.
withdrawn as included in other submissions
(15) Course Racing Equipment (a submission from PKA)
All limits decided now should be valid for at least three years.
Result: Rejected (2 approve / 18 reject / 0 defer / 0 abstain)
It was felt that it is too early to bind ourselves on limitations for a long term, especially in respect of a decision for Olympic equipment which might require change.
(16) Course Racing Equipment (a submission from PKA)
That new equipment may be only registered once per year, preferable at the end of the competition period.
Result: Rejected (1 approve / 19 reject / 0 defer / 0 abstain)
The motion on the table was that there is no end of the competition period as this varies from continent to continent and that the proposed registration scheme ensures that equipment is available in time to all competitors.
(17) Course Racing Equipment (a submission from GKA)
To require all directional course racing boards to have a minimum weight of 4 kg (excluding straps and fins, but with deck pad).
Result: Approved (16 approve / 2 reject / 0 defer / 2 abstain)
This result allows to include twin tips to continue competing in course racing events. There are already production boards on the market with slightly over 4 kg so the minimum should not be lower.
(18) Course Racing Equipment (a submission based on a request of Custom Manufacturers)
To have the minimum amount of boards produced to be 30
Result: Rejected (0 approve / 19 reject / 0 defer / 1 abstain)
(19) Course Racing Equipment (a submission based on a request of the Major Brands)
To have the minimum amount of boards produced to be 100
Result: Rejected (0 approve / 20 reject / 0 defer / 0 abstain)
(20) Deadlines for major events (a submission from RFEV)
To set a deadline for the announcement for world and continental championship events as well as PKRA world tour events, e.g. one year before the event
Result: Rejected (1 approve / 17 reject / 1 defer / 1 abstain)
(21) Event Permission Requirements (a submission from RFEV)
Require mandatory that the organizer of an IKA championship or world or continental championship Tour meets the requirements demanded by the Federation of the country where the competition takes place.
Result: Rejected (2 approve / 17 reject / 1 defer / 0 abstain)
(22) Rider Approval (a submission from RFEV)
That riders need the approval of the Federation of his country to participate in a world or continental championship.
Result: Rejected (2 approve / 17 reject / 1 defer / 0 abstain)
(23) World Racing Ranking Scoring (a submission based on a request from the PKRA)
To have the points for the world ranking only determined by the price money available. This means not having additional points for IKA one-off championships (worlds and continentals)
Result: Rejected (1 approve / 19 reject / 0 defer / 0 abstain)
(24) Constitution (a submission from the Executive Committee)
To amend Article 2 a) to: “To co-ordinate and manage the affairs of the IKA class as well as future spin-off-classes (e.g. kite racing, foils...)
Result: Approved (19 approve / 1 reject / 0 defer / 0 abstain)
(25) Constitution (a submission from GKA)
To amend the constitution to register as German ”Verein”. This requires only minimal amendments of the constitution while limiting liability to the assets of the association solely.
The required changes are:
- add Article 10: “Legal Status: The legal status of the association is a ‘Verein’ under German Association Law”
- amend Article 3: “Headquarters: the Office and postal address of the Association shall be ‘Rohrbecker Weg 43, 14612 Falkensee, Germany’. This Article may be amended to correlate to the current Executive Secretaries postal address without constitutional changes. The official language shall be English”
The Executive Committee shall complete any necessary steps for the change as reasonable possible.
Result: Approved with the following additions (19 approve / 1 reject / 0 defer / 0 abstain)
The construction of a German “Verein” shall be validated through members of the ISAF constitution committee and/or a lawyer. For clarification purpose: from the two available German “Vereins” the “Verein e.V” shall be chosen due to bulletproof liability regulations.
It is the expressed wish of the members to finalize this for 01.01.2011
(26) Association Third Party Liability Insurance (a submission from GKA)
The Association shall seek insurance against third party claims to protect the assets of the association. Such insurance (“Vermögensschadenhaftpflicht” or D&O insurance) is available from app. 200-400 Euro per year.
Result: Approved (19 approve / 1 reject / 0 defer / 0 abstain)
(27) Constitution (a submission from the BKSA) referred to as “Resolution 1” - Liability
THAT the International Kiteboarding Class Association (the “Association”) be reconstituted in a legal form affording limited liability to its members and in furtherance of the foregoing:
(A) the Executive Committee be directed to investigate and select a form of organization affording limited liability to its members to be the transferee of the assets and undertaking of the Association;
(B) in default of agreement by the Executive Committee on such a form of organization within three (3) months of the conclusion of the 2010 Annual General Meeting of the Association (the “2010 AGM”) (evidenced by a resolution in writing signed by a majority of the Executive Committee), that the form of organization shall be a company limited by guarantee formed under English law; and
(C) the Executive Committee be directed to complete the transfer of the assets and undertaking of the Association to the form of organization, agreed or deemed agreed pursuant to sub-paragraph (B) above, (the “New Association”) as soon as practicable and in any event within six (6) months of the conclusion of 2010 AGM.
Result: Rejected (3 approve / 17 reject / 0 defer / 0 abstain)
(28) Constitution (a submission from the BKSA) referred to as “Resolution 2” – Not for profit status
THAT by way of reinforcement of the non-profit status of the Association, the constitution of the Association be amended by the inclusion of the article below as new Article 9 (and so that the existing Article 9 be renumbered as Article 10):
“9. Non-Profit Status
The income and property of the Association shall be applied solely towards the promotion of its objects as set forth in this constitution and no portion thereof shall be paid or transferred, directly or indirectly, by way of dividend, bonus or otherwise howsoever by way of profit, to members of the Association provided that nothing herein shall prevent any payment in good faith by the Association -
a) of reasonable and proper remuneration to any member, officer or servant of the Association for any services rendered to the Association,
b) of interest on money lent by any member of the Association at a reasonable and proper rate per annum,
c) of reasonable and proper rent for premises demised or let by any member of the Association,
d) of fees, remuneration or other benefit in money or money's worth to any Association of which a member may also be a member holding not more than 1% of the issued share capital of the Association, or
e) to any director of out-of-pocket expenses,
f) of any premium in respect of any such insurance as is permitted by the constitution of the Association.
If upon the winding-up or dissolution of the Association there remains, after the satisfaction of all its debts and liabilities, any property whatsoever, the same shall not be paid to or distributed among the members of the Association, but shall be given or transferred to some other institution or institutions having objects similar to the objects of the Association, and which shall prohibit the distribution of its or their income and property to an extent at least as great as is imposed on the Association under or by virtue of the provisions above, such institution or institutions to be determined by the members of the Association at or before the time of dissolution, and if and so far as effect cannot be given to such provision, then to some charitable object.”
and THAT (if Resolution 1 is passed) the same provisions or provisions having substantially equivalent effect be contained in the constitution of the New Association.
Result: Rejected (3 approve / 17 reject / 0 defer / 0 abstain)
It was felt that this is already included in the current constitution
(29) Constitution (a submission from the BKSA) referred to as “Resolution 3” – special general meetings
THAT Article 6 (b) viii of the existing constitution of the Association be deleted and replaced with the following:
“viii. A Special General Meeting may be called by a notice in writing (a “Requisition”) signed by (A) any two members of the Executive Committee, or (B) by any five Full Members of the Association or half or more of the Full Members (if fewer than five) and if so called the Executive Committee shall convene such Special General Meeting by notice (“SGM Notice”) sent to all members entitled to attend or vote thereat, such meeting to be held not less than twenty-eight nor more than thirty-five days after the date of the Requisition Notice, and the SGM Notice shall be accompanied by a description of the business to be conducted at such meeting and (if provided by the persons calling the meeting prior to dispatch of the SGM Notice) a statement (not exceeding 500 words) and the text of any resolutions proposed to be voted on at the Special General Meeting.”,
And THAT Article 6 (b) iv be amended by replacing the words “35% of the full members shall form a quorum” with the words “(In the case of an AGM) 35% of the Full Members and (in the case of a Special General Meeting) any six Full Members or half or more of the Full Members (if fewer than six), shall form a quorum”;
and THAT Article 9 (new Article 10 if Resolution 2 above is passed) be amended to delete the words “as provided in Article 6.B” and to add the words at the end of the Article “or Special General Meeting.”
Result: Rejected (3 approve / 17 reject / 0 defer / 0 abstain)
It was felt that the current constitution is making suitable provision for special general meetings.
(30) Constitution (a submission from the BKSA) referred to as “Resolution 4” – structure of the board
THAT the Executive Committee be split into a two-tier board comprising an executive tier and a supervisory or non-executive tier with the following features:
(A) the executive tier shall be responsible for day-to-day operations of the Association; shall form a minority of the Board; and shall be eligible for payment (together with reimbursement of expenses);
(B) the supervisory or non-executive tier shall form a majority of the Board, shall be tasked inter alia with supervising the executive; and shall be entitled to a fee and reimbursement of expenses (but not otherwise to payment);
(C) the board shall be accountable to the General Assembly and any or all of the board shall be capable of being dismissed, at any time, at a duly convened General Meeting of the Association or by resolution in writing, which may be in counterparts, signed by not less than two-thirds of the Full Members of the Association (on the date of circulation of resolution) within twenty-one days of circulation of the resolution,
and THAT (if Resolution 1 above is passed) provisions implementing the substance of this Resolution 4 be contained in the constitution of the New Association; and
and THAT (if Resolution 1 above is not passed) the Executive Committee shall submit proposed amendments to the existing constitution implementing the substance of this Resolution 4 to be voted upon by members at the next General Meeting of the Association.
Result: Rejected (3 approve / 17 reject / 0 defer / 0 abstain)
It was felt that this is not necessary for our class. Control is imposed through all members of the executive committee.
(31) Constitution (a submission from the BKSA) referred to as “Resolution 5” – oversight of moneys
THAT the remuneration and expenses payable to the Executive Committee shall be subject to review and approval by the non-executives; the fees payable to the non-executives shall be fixed by the General Assembly; and THAT there shall be further controls over related party contracts, such principles to be implemented (depending upon whether Resolution 4 is passed or not) as follows:
(if Resolution 4 is passed)
THAT:
(A) the remuneration and expenses of the executive tier shall be approved by the supervisory or non-executive tier;
(B) the fees payable to the non-executive tier shall be approved by the General Assembly and the expenses of the non-executive tier shall be approved by the executive tier;
(C) any contract or agreement proposed to be entered into between a member of the executive tier and the Association providing for payment or reward to the member of the executive or any of his connected persons or for the assumption by the Association of any liability (in each case other than ordinary course expenses approved under sub-paragraph (B) above) shall be:
(i) approved in advance by the supervisory or non-executive tier before it is entered into by the Association;
(ii) noted and summarized in the notice of General Meeting next sent out after such contract or agreement is proposed or entered into;
(iii) disclosed to the General Assembly at the next General Meeting held after it is proposed or entered into; and
(iv) available for inspection by any Full Members of the Association at the next General Meeting of the Association held after it is proposed or entered into and at each subsequent General Meeting of the Association for so long as the contract or agreement remains in force or the Association has liabilities under it,
and THAT provisions implementing the substance of sub-paragraphs (A) to (C) of this Resolution 5 be contained in the constitution of the New Association; and
(if Resolution 4 is not passed)
THAT the existing constitution of the Association be amended by inserting the following text as new Article 6A:
“6A Remuneration and Expenses
(a) The remuneration of and expenses policy applying to the Executive Committee shall be approved by the General Assembly;
(b) A summary remuneration report and totals of expenses paid to each member of the Executive Committee shall be noted and summarized in a report accompanying each notice of Annual General Meeting (in respect of the last accounting period ending prior to the date of dispatch of the notice);
(c) Details of the remuneration and expenses of each member of the Executive Committee shall be available for inspection by any Full Members of the Association at each Annual General Meeting of the Association (in respect of the last accounting period ending prior to the date of dispatch of the notice); and
(d) Any contract or agreement proposed to be entered into between a member of the Executive Committee and the Association providing for payment or reward to the member of the Executive Committee or any of his connected persons or for the assumption by the Association of any liability (in each case other than ordinary course expenses paid under a policy approved under sub-paragraph (a) above) shall be:
(i) approved in advance by the General Assembly before it is entered into by the Association;
(ii) noted and summarized in the notice of General Meeting next sent out after such contract or agreement is proposed or entered into;
(iii) disclosed to the General Assembly at the next General Meeting held after it is proposed or entered into; and
(iv) available for inspection by any Full Members of the Association at the next General Meeting of the Association held after it is proposed or entered into and at each subsequent General Meeting of the Association for so long as the contract or agreement remains in force or the Association has liabilities under it.”
Result: Rejected (3 approve / 16 reject / 0 defer / 1 abstain)
It was felt that this is not necessary for our class. Control is imposed through all members of the executive committee.
(32) Constitution (a submission from the BKSA) referred to as “Resolution 6” – Riders Committee
THAT the Executive Committee be directed to:
(A) formalize the ‘riders’committee’ which committee shall include riders from all major disciplines including freestyle, course-racing and wave-riding;
(B) have regard to the impact of its decisions on riders and consult the riders’ committee as far as is practicable on all matters likely to have a material impact on riders;
(C) ensure that its operations are run efficiently and cost-effectively so as not to increase unnecessarily the fees payable by members of the Association or to reduce to a material extent the prizes available to competitors in sanctioned tours,
and THAT (if Resolution 1 above is passed) provisions implementing the substance of sub-paragraphs (A) and (B) of this Resolution 6 be contained in the constitution of the New Association; and
and THAT (if Resolution 1 above is not passed) the Executive Committee shall submit proposed amendments to the existing constitution implementing the substance of sub-paragraphs (A) and (B) of this Resolution 6 to be voted upon by members at the next General Meeting of the Association.
Result: Rejected (2 approve / 17 reject / 1 defer / 0 abstain)
It was felt that this is already incorporated through various sub-committees where riders is given the opportunity to decide on the future of a particular part of their sport.
(33) Any Other Business
i. Appointment of a Vice President and a Treasurer under the current constitution
Vice President: Bruno de Wannemaeker (unanimously)
Treasurer: Mirco Babini (unanimously)
ii. Qualification system for continental and world events / tours
The Executive Committee will make a proposal for policy regarding qualification matters especially in the freestyle discipline.
iii. Foreigners in national events – problem in freestyle
The Executive Committee will make a proposal for guidelines in the championship rules for seeding procedures.
iv. Foreigners in continental events – problem in freestyle
The Executive Committee will make a proposal for guidelines in the championship rules for seeding procedures.
v. Topics from around the table
Bruno Marques reported on possible locations for the 2012 racing worlds in Brazil.
The meeting closed at 18:15 hours
