MTA Statute - March 2022

STATUTE

STATUTE AS AT 21.03.2022

STATUTE OF THE MALTA TAEKWONDO ASSOCIATION CONTENTS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Appendix A Appendix B Appendix C Appendix D Appendix E

Name General Provisions Mission and Objectives Obligations Operations Membership and Affiliation to the MTA Governance and Conflict of Interest General Meetings Election of the Executive Council Duties and Powers of the Executive Council Management and Administration World Taekwondo Europe Directive Amendments to the Statute and Bylaws Dissolution Moderator Definitions Emblem Consanguinity and Affinity Relationship Duties Declaration Special Provision

DEFNITIONS & INTERPRETATION In this Statute, unless inconsistent with the subject or context, the abbreviations/words standing in the first column of the table set out in Appendix A shall bear the meaning set opposite to them in the second column thereof. The defined terms are indicated in bold italics throughout the Statute.

Unless the context requires another interpretation and where the context so permits: a) Words importing the singular shall include the plural number and vice versa. b) Words importing the masculine gender shall include the feminine gender. c) Words importing persons shall include any legal person/entity.

In cases where interpretation of the Statute is required this shall be carried out by the person chairing the meeting who shall consult with ECM present for the General Meeting. If there is any doubt or dispute, as to the interpretation of the Statute, the matter shall be deferred to WT for a final decision.

In case of disagreement over interpretation of technical matters of taekwondo, the most updated version as provided by WT shall prevail.

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STATUTE OF THE MALTA TAEKWONDO ASSOCIATION 1

NAME

1.1

The name of the organisation is the Malta Taekwondo Association.

1.2

With the adoption of this Statute, the MTA takes over all legal and financial representation and responsibilities of the Malta Taekwondo Federation and henceforth the MTA shall be the only governing body of the sport of taekwondo throughout Malta.

1.3

The MTA is an autonomous, independent, non-governmental, not-for-profit, voluntary organisation of unlimited duration in the form of an association.

2

GENERAL PROVISIONS

2.1

The MTA is recognised by WT as its only member national association in Malta and shall be affiliated to the MOC, MPC, SportMalta and the Commissioner for Voluntary Organisations (Malta).

2.2

The MTA shall be neither affiliated to any other international taekwondo organisation not recognised by WT, nor participate in any taekwondo events arranged by such an organisation.

2.3

An ECM of the MTA shall not hold another executive board member position concurrently in another member country federation of WT but is able to hold such a position within any board of WT.

2.4

The MTA shall consist of taekwondo academies/clubs functioning within the national boundaries of Malta and their individual members who shall have the freedom to practice taekwondo with the academy/club of their choice.

2.5

No provision in this Statute shall conflict with or derogate from the rules of WT. In case of conflict between any provision of this Statute and any provision in the rules of WT, the latter shall prevail and the former shall be deemed to have no effect. Any amendments thereof shall always be in accordance with the rules of WT and remain subject to the final revision and approval of WT. Any amendments not endorsed by WT must be rescinded.

2.6

The EC may from time to time introduce, alter, or rescind bylaws as it thinks fit towards the better management and administrative affairs of the MTA. 2.6.1 2.6.2 2.6.3

No bylaw can be introduced to circumvent any provisions contained in this Statute.

Bylaws and any amendments must be brought for approval at the next due General Meeting.

Any bylaw or amendment not endorsed by WT must be rescinded.

2.7

The MTA shall resist all pressures of any kind whatsoever, whether political, religious, racial, or economic, that may prevent it from complying or from fulfilling its roles according to this Statute and to the rules and regulations of WT.

2.8

The Maltese and English languages shall be the official languages of the MTA, and the administration may use any of these two languages for all official purposes.

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STATUTE OF THE MALTA TAEKWONDO ASSOCIATION 2.9

Legal representation of the MTA shall be vested in the President, or the person(s) so appointed for the particular business by the EC. Legal agreements must be unanimously agreed by the ECM and signed by President or the person(s) so appointed to the task by the EC. The Treasurer or President or General Secretary can be the authorised signatories for bank transactions.

2.10

The registered address of the MTA is Malta Taekwondo Association c/o The Maltese Olympic Committee, National Swimming Pool Complex, Maria Teresa Spinelli Street, Gzira, Malta or that address as the EC may decide.

2.11

The financial year of the MTA will be from the 1st of January to the 31st of December.

2.12

The names ‘Malta Taekwondo’ and/or ‘Taekwondo Malta’ as well as the emblem of the MTA are the exclusive property of the MTA. The names and emblem shall not be used without the written permission of the EC. The use of the emblem shall be precisely within the design standards as issued by the EC. The MTA’s emblem and its design standards are as set up in Appendix B of this Statute.

3

MISSION AND OBJECTIVES

The mission of the MTA is to provide effective national governance of taekwondo as an Olympic Sport and Paralympic Sport within Malta. The objectives of the MTA are: 3.1

To promote, grow, standardize, and develop taekwondo, including para taekwondo, in Malta both as a martial art as well as a competitive sport.

3.2

To ensure that the practice of taekwondo involves youth development and education based on the principles of fair play, inclusion, courtesy, integrity, perseverance, self-control, an indomitable spirit, and commitment to achieving sporting excellence.

3.3

To ensure that any academy/club is properly constituted, has all the requisites and licences required by local law and is affiliated with the MTA.

3.4

To guarantee the rights of all taekwondo members and to make sure that no member, including anyone with physical or intellectual impairment, is left behind.

3.5

To closely collaborate with WT, MOC, MPC, SportMalta and other taekwondo national federations.

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OBLIGATIONS

4.1

To be responsible for the selection, management, and control of individuals and/or teams to represent Malta at any international events and activities.

4.2

To ensure that no athlete other than a member may compete at any event organised by the MTA or represent Malta at any international event or activity.

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STATUTE OF THE MALTA TAEKWONDO ASSOCIATION 4.3

To ensure that no official may officiate at any event or activity organised by the MTA or represent Malta at any international event or activity without the approval of the EC unless such representation is sanctioned by WT rules as in the case of international referees.

4.4

To safeguard that any event or championship promoted in Malta, or approved by WT to be held in Malta, shall observe the competition rules of WT.

4.5

To implement, manage and administer the WT Global Membership System in accordance with the Global Membership Bylaws of WT.

4.6

To ascertain the adequate financial conditions to meet all its functions and roles through, but not limited to, the financial contributions/funding/assistance from WT, MOC, MPC, SportMalta, membership fees, grading fees, sponsorship from private individuals or companies, profit percentages gained on sports events, television broadcasting rights and the sale of merchandising. Donations and sponsorships derived from organisations that manufacture, market, or otherwise promote alcohol, tobacco products and any other illicit goods and services shall not be accepted.

4.7

To maintain harmonious and cooperative relations with the relevant national governmental and non-governmental authorities as well as other sport organisations.

4.8

To offer solutions and encourage the development of taekwondo in Malta and to assist in the training of taekwondo athletes, administrators, and officials. In so doing, to ensure that these opportunities are properly announced to the members and that suitable criteria are in place to select those members who so deserve and can gain mostly from any available assistance.

4.9

To ensure the observance in Malta of the Olympic and Paralympic Charter, as applicable; to be bound by the rules and regulations of WT, MOC, MPC, SportMalta and the Commissioner for Voluntary Organisations as well as other requirements according to the Maltese laws and legislations.

4.10

To fight against the use of substances and methods prohibited by WADA or the international sports organisations through the adoption and implementation of the World Anti-Doping Code thereby ensuring that the anti-doping policies and rules, membership and/or funding requirements and results management procedures conform with the World Anti-Doping Code. In so doing, the MTA will also support and be compliant with the anti-doping laws of Malta and adhere to the recommendations pursuant from the National Anti-Doping Organisation.

4.11

To encourage and support the promotion of ethics and good governance in sport as well as education of youth through sport and to dedicate its efforts to ensuring that, in sport, the spirit of fair play prevails including acting against all forms of manipulation of competitions and related corruption.

4.12

To undertake to participate in actions to promote peace by placing sport at the service of humanity; to promote gender equality and inclusion in sport; and to demonstrate a responsible concern for environmental issues.

4.13

To commit itself to act against any form of abuse, harassment, and violence in sport.

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STATUTE OF THE MALTA TAEKWONDO ASSOCIATION 4.14

To secure the enjoyment of the rights and freedoms set forth in this Statute without discrimination of any kind, such as race, colour, gender, sexual orientation, language, religion, political or other opinion, national or social origin, property, birth, or other status.

4.15

To provide a code of ethics to be followed by its members and implement a disciplinary code in full compliance with the Disciplinary Actions and Appeals Code of WT.

5

OPERATIONS

5.1

To attain its objectives the MTA shall organize and carry out the following activities: a) b) c) d) e) f) g)

Taekwondo championship/s.

Taekwondo demonstration/s and exhibition/s.

Dan promotion test(s) for its members.

Concerted effort to provide practitioners with regular coaching visits by foreign experts when local experts cannot provide such coaching.

Concerted effort to participate in international championships recognized by the WT, MOC, MPC or SportMalta.

Concerted effort to assist practitioners to participate in international seminars or training courses.

Other activities as agreed by the EC.

5.2

Taekwondo national championship/s shall be held once a year with at least one National Championship in Kyorugi and one in Poomsae.

5.3

The MTA shall annually hold a Taekwondo day when it shall promote its sport.

5.4

The MTA shall hold the Taekwondo National Awards during which nominated members will be given tribute for their special achievements. Such tributes may be as follows: a) b) c) d) e) f)

National Champion.

International Champion.

Para or Special Olympics Athlete Champion.

Good act.

Success in special courses attended abroad.

Heroism.

For this purpose, the MTA shall appoint a commission constituted from at least three persons, who will be responsible for such a task. These persons may not necessarily form part of the EC but at least one member of this commission shall be a member of the technical board who will preferably chair this commission.

The EC may, during the awards, also grant Honorary membership to any persons who has contributed to Taekwondo and who the ECM would have deemed to deserve such title.

6

MEMBERSHIP AND AFFILIATION TO THE MTA

6.1

The MTA shall have the following categories of membership: 6.1.1

Affiliate academies/clubs.

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STATUTE OF THE MALTA TAEKWONDO ASSOCIATION 6.1.2 6.1.3 6.1.4 6.1.5 6.2

Associate academies/clubs.

Affiliate members.

Associate members.

Honorary members being persons nominated to such a post by the ECM and confirmed by a two-thirds majority of those present at a General Meeting.

By formally asking to be considered for membership or when renewing its annual membership, the academy/club undertakes to: 6.2.1 6.2.2 6.2.3

6.2.4 6.2.5 6.2.6 6.2.7 6.2.8

6.2.9 6.2.10 6.2.11

Abide by the Statute, bylaws, policies, and decisions while acting in the capacity as a member of the MTA or as a participant in the MTA’s events or activities.

Adapt its rules so as not to conflict with those of the MTA and agree to submit its statute, regulations, and any amendments thereof to be approved by the EC. Certify that its coaching is being managed by at least one coach having a Kyorugi level 1 licence and that the coaches have a clean police conduct including, should they be involved with the coaching of minors, the appropriate certification as required by the Maltese authorities.

Ensure that the premises are risk assessed against health and safety incidents.

Adopt a children in sport protection policy.

Notify the MTA of the names and to any changes of their elected officials and/or administrators.

Submit to the MTA a list of their members which must include gender, date of birth, email address, grading and DAN where applicable.

Fight against the use of substances and methods prohibited by WADA or the International Sports Organisations through the implementation of the World AntiDoping Code, to be compliant with the anti-doping laws of Malta and adhere to the recommendations pursuant from the National Anti-Doping Organisation.

Inform its members of any communication from the MTA including but not limited to notices and agenda of General Meetings.

Provide the MTA, by not later than end March each year, a report on the activities from the previous calendar year which report should include an explanation of how any funds received were utilised.

Abide by the requirements of SportMalta, other relevant national authorities and licensed by the Ministry for Education (if any of their membership consists of minors).

6.3

An application for membership by a new academy/club shall be examined by the EC for verification on whether such application conforms to the requirements of the MTA. The EC can request further information or clarification before submitting its recommendations to the General Meeting.

6.4

A motion of application to be accepted as an associate academy/club of the MTA must appear on the agenda of the General Meeting and shall require the approval of a simple majority of the voting members present at the meeting for its adoption.

6.4.1

Once the application for membership of a new academy/club has been approved by the General Meeting, the associate academy/club will be required to register, in accordance with Maltese law and the requirements of national authorities, within 12 months from such an approval failing which the academy/club will lose its status with the MTA.

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STATUTE OF THE MALTA TAEKWONDO ASSOCIATION 6.4.2 6.4.3

Once an associate academy/club has had its registration approved by SportMalta and by the Ministry of Education (if applicable), the academy/club will be elected as an affiliate academy/club of the MTA. An academy/club must not be refused membership to the MTA if it abides with the articles as provided in this Statute.

6.5

An owner or administrator cannot be the owner or administrator of more than one academy/club.

6.6

All academies/clubs and members may benefit from any programme or project of the MTA but only academies/clubs, whose registration has been accepted by the Commissioner of Voluntary Organisation of Malta, can benefit from funds emanating either from WT, MOC, MPC, or SportMalta.

7

GOVERNANCE AND CONFLICT OF INTEREST

7.1

The governance and administration of the MTA shall be vested in: 7.1.1 7.1.2

7.2

The General Meeting according to the provisions of Articles 8 and 9.

The EC according to the provisions of Articles 10 and 11.

The ECM shall not accept any salary, compensation, commission, or bonus of any kind, in consideration for their services or for the performance of their duties, from the MTA or from organisations providing goods or services to the MTA. 7.2.1 7.2.2

An ECM must communicate to the EC any financial arrangements that he has with organisations that could have a conflict of interest with his duties as an ECM. ECM may be reimbursed by the MTA for justifiable and reasonable out of pocket expenses incurred in the carrying out of their functions on behalf of the MTA.

7.3

The ECM shall not benefit personally from any funding, programme or project of the MTA and shall carry out their duties without favouring the academy/club of which they are members.

7.4

No part of the assets of the MTA shall be available for personal gain, directly or indirectly, to any academy/club or member including administrators or owners or any other private person or organisation.

7.5

ECM must not be owners or partners of any academy/club nor hold executive or administrative posts with any academy/club. Within thirty days from their election to the EC, they must relinquish any such posts, failing which, their election will be deemed null and void and the provisions of articles 9 will come into force to fill their vacancy.

7.6

All ECM, whether elected or co-opted, must declare in writing to the MTA any interest that they, or individuals related to them, have that might conflict with their duties to the MTA. This declaration must be received within seven days as soon as such potential conflict of interest becomes apparent.

7.6.1

A conflict of interest could include, but is not limited to, other taekwondo related roles, as well as their employment, business relationships and involvement with any sponsor.

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STATUTE OF THE MALTA TAEKWONDO ASSOCIATION 7.6.2 7.6.3

7.6.4 7.6.5

When any conflict arises, the EC official will be requested to abstain from discussing this matter and will be requested to temporarily leave the meeting. The official concerned will not be permitted to vote on the matter.

Failing such a declaration and should the provision of 7.6.2 not be resolved, then a decision shall be determined by a majority decision of the EC. The EC official concerned will have the opportunity to explain his views but will not be permitted to vote on the matter.

If the conflict of interest relates to the President, then the EC must be chaired by another person for the duration of the matter in question.

If the conflict of interest is not temporary but of a more permanent nature, then the EC official will resign his post and the provisions of articles 9 will be invoked to fill in the vacant post.

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GENERAL MEETINGS

8.1

The Annual General Meeting shall be held not later than end February at such time and place as may be decided by the EC.

8.2

Additional general meetings of the MTA may be convened at the instance of the EC or by written request from twenty-five affiliate members of the MTA stating the purpose for which such a meeting is required.

8.3

Twenty-eight days’ notice of such meetings shall be given to all members but only affiliate members will be allowed to vote during such meetings.

8.4

Any affiliate member desirous of moving any resolution at such meetings shall give notice of such a resolution in writing to the Secretary at least twenty-one days before the proposed date of such meeting. Any amendment to a proposed resolution must be in writing and in the hands of the Secretary at least fourteen days before the date of the meeting.

8.5

Any member desirous of moving any proposal for discussion at such meetings shall give notice of such a proposal in writing to the Secretary at least twenty-one days before the proposed date of such meeting. Such proposals are meant for discussion only where no voting would be required.

8.6

An affiliate member, under the age of 16, may choose to be represented at a General Meeting by one of his legal guardians. The legal guardian will have the same rights as any other affiliate member except that he will not have the right to be elected instead of the affiliate member he is representing.

8.7

An associate member, under the age of 16, may choose to be represented at a General Meeting by one of his legal guardian who will, nonetheless, not have the right to vote.

8.8

Notice of the business to be transacted (agenda) shall be communicated not less than seven days before the proposed date of such meeting and no other business shall be admitted at such meeting.

8.9

The Agenda for an Annual General Meeting must include: Approval of the minutes of any foregoing meeting.

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STATUTE OF THE MALTA TAEKWONDO ASSOCIATION Presentation of financial report/budget.

Appointment of two affiliate members to act as internal reviewers of the accounts.

Presentation of operations reports/projects.

Matters arising.

Discussions of proposals submitted by the members (if any).

Motions to amend the Statute (if any).

Approval of any bylaws and regulations (if any).

Election of the ECM (when necessary).

8.10

At any meeting, the President or failing him, another officer of the EC selected by the EC for the purpose, shall chair such a meeting and has the responsibility to declare the result of the voting on any matter according to the decision of the meeting.

8.11

Each affiliate member from those present shall be entitled to one vote on each motion.

8.12

If so requested by ten percent of those affiliate members present, voting may take place by a secret ballot.

8.13

By a majority vote, the affiliate members may ask for the appointment of an external auditor to audit the MTA’s accounts and statements presented at the General Meeting.

8.14

Subject to article 2.5, amendments to the Statute shall be carried by a majority of more than two thirds of the voting thereon. Subject to article 2.6, approval or otherwise to the bylaws shall be carried by a simple majority.

8.15

A quorum at a meeting shall be 20% affiliate members.

8.15.1 8.15.2 8.15.3

If within fifteen minutes from the time appointed for the holding of a meeting a quorum is not present, the meeting shall be dissolved with a new date set not later than two weeks from the original meeting.

If a quorum of the adjourned meeting is not present within fifteen minutes from the time appointed, then the meeting will commence thereafter irrespective of the number of persons present.

If convened on the requisition of the affiliate members, and no quorum is present, the meeting shall be dissolved and no other date set.

8.16

The Chairman of the meeting may, with the consent of any meeting at which a quorum is present (and if so directed by the meeting), adjourn the meeting from time to time, and from place to place. No business shall be transacted at any adjourned meeting other than the business that might have been transacted at the meeting from which the adjournment took place. Whenever such a meeting is adjourned for 14 days or more, notice of the adjourned meeting shall be given in the same manner as of the original meeting. Save as aforesaid, the members shall not be entitled to any notice of an adjournment, or of the business to be transacted at an adjourned meeting.

8.17

The Chairman of the meeting may at any time without the consent of the affiliate members adjourn any meeting (whether or not it has commenced, or a quorum is present) either without fixing a day for the meeting or to another time or place where it appears to him that: a) Members wishing to attend cannot be conveniently accommodated in the place appointed for the meeting; or 10 | P a g e

STATUTE OF THE MALTA TAEKWONDO ASSOCIATION b) The conduct of persons present prevents, or it is likely to prevent, the orderly continuation of business; or c) An adjournment is otherwise necessary so that the business of the meeting may be properly conducted.

9

ELECTION OF THE EXECUTIVE COMMITTEE

9.1

The ECM shall normally be elected once every three years during an Annual General Meeting.

9.1.1 9.1.2

9.2

Should any affiliate member wish to contest any of the eligible positions for election, he should do so in writing to the Secretary on the appropriate form provided at least fourteen days before the proposed date of the General Meeting. These nominations shall be communicated to the members not less than seven days before the proposed date of the Annual General Meeting.

9.2.1 9.2.2

9.3

The term of office shall coincide with the term of the President which begins at the end of the General Meeting which elected him.

The term of office ceases at the end of the General Meeting held during the year in which they expire. For the purposes of this article, a year means the period between two successive General Meetings.

Any such application should be proposed by an affiliate member and seconded by another affiliate member.

The application should include: a) A curriculum vitae declaring any conflict(s) of interest. b) A declaration as per Appendix D that meets the provision of article 9.9. c) A current police conduct certificate.

No person shall be qualified to stand for election as an official of the EC or to remain an official thereof: a) b) c) d) e) f) g) h) i) j) k)

Unless he is a Maltese citizen and has been permanently resident in Malta for at least five years prior to the time of the election and can remain so throughout his holding such a position within the MTA. Unless he is over 16 years and under 75 years of age at time of the election.

Unless he has been an affiliate member for at least two consecutive years before the date of the election and remains an affiliate member during the term of office.

If he holds or has held the position of a magistrate or judge in accordance with the Code of Organisation and Civil Procedure Cap. 12 of the Laws of Malta or its equivalent.

If he holds or held the position as an assistant to the judiciary or to adjudicate in the Small Claims Tribunal or Arbitration Board or their equivalent.

If he is a member of parliament.

If he holds an executive position with any political party, political movement and/or trade union.

If he has been adjudged or otherwise declared bankrupt under any law.

If he has a criminal record.

If he is suspended by the MTA or declared “persona non-grata” for having acted against the interests of the MTA. If he is interdicted or incapacitated for any mental infirmity or for prodigality or is otherwise determined to be of unsound mind.

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STATUTE OF THE MALTA TAEKWONDO ASSOCIATION l) 9.4

If he has a financial or other interest in any enterprise or activity which is likely to affect the discharge of his functions as an official of the EC.

Any individual suspended, serving a suspension censured or vetoed by WT, MOC, MPC or SportMalta may not be a delegate or official of any executive or administrative body or commission of the MTA neither can he attend any General Meeting of the MTA. 9.4.1 9.4.2

The academy/club of which such an individual is a member of, must also restrict such an individual to be a delegate or official of any executive or administrative body or commission of the academy/club.

The individual must not attend any event or activity organised by the MTA or by any academy/club.

9.5

ECM may not be related to each other either by consanguinity up to third degree or by affinity up to a second degree as explained in Appendix C.

9.6

Elections will be managed by two scrutineers chosen to the task by the affiliate members present for the meeting. Elections shall be held by secret ballot in the following order: President, Secretary, Treasurer, and other officials.

9.7

Save as provided below, the persons polling the highest number of votes shall be the elected as ECM and shall serve for three years and at the end of which term they may offer themselves for re-election by the affiliate members.

9.7.1 9.7.2 9.7.3

The EC shall be constituted in such a way that each affiliate academy/club has equal presence on the EC. To ascertain the provision of clause 9.7.1 the person elected first, through obtaining the highest number of votes for a vacancy, will be considered as indicative of the presence on the EC of the affiliate academy/club of which he is a member.

In the event of a tie for any of the vacancies, a further ballot will be held amongst the voting members present at the meeting until one of the candidates gains a simple majority of the votes cast.

9.8

Unless he gets elected as an ECM, any Maltese WT executive board member shall be co-opted as an ex-officio non-voting official of the EC. 9.8.1 Should such a co-opted ECM lose his position within the WT, then his term of office will expire at the end of the term that he was co-opted or at a time that the next elections take place.

9.9

The ECM shall be elected as individuals and not as representatives or delegates of affiliate academies/clubs.

9.10

Should the EC posts be unable to be fulfilled due to the provisions of this Statute, then the elected ECM will co-opt, to the EC, members of their trust who do not necessarily need to be affiliate members or persons who are involved in taekwondo. If no agreement is reached as to who should be co-opted, then the matter will be referred to the moderator as provided in articles 15.

In the event of any of the above posts becoming vacant then:

9.11

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STATUTE OF THE MALTA TAEKWONDO ASSOCIATION 9.11.1 9.11.2 9.11.3

with less than four months left to the next due date of a General Meeting, one of the other ECM shall be assigned to take over any related duties until not later than the next General Meeting when elections will take place to fill in the vacant post. with more than four months left to the next due date of a General Meeting, the EC will call an Extraordinary General Meeting so that the vacant post can be filled.

If such a casual election becomes necessary, then the term of office of the newly elected ECM shall terminate at the same time of the other ECM.

10

DUTIES AND POWERS OF THE EXECUTIVE COMMITTEE

10.1

The President shall represent the MTA at all times. He shall preside over EC and General Meetings and all the official MTA functions.

10.2

The President may delegate any other ECM to represent the MTA in his place.

10.3

The duties of the ECM are as highlighted in Bylaw 1.

10.4

Subject to article 11.17, the EC shall have the power to appoint any person or group of persons to assist in legal, technical, disciplinary or such matters related to the management of its affairs.

10.5

The EC is responsible to ensure that any financial support/funding to its academies/clubs and members benefits the improvement of taekwondo in Malta. Academies/clubs or members wishing to benefit from such financial support/funding should apply in writing to the EC.

10.6

In case matters occur which require urgent solution, the President, after having obtained unanimous approval by the EC, may take emergency measures and decisions subject to later submission to and approval by the affiliate members at the next General Meeting.

10.7

The MTA may delegate any official of its ECM to represent it on any national government, sport board or other public authority board.

11

MANAGEMENT AND ADMINISTRATION

11.1

The managing body of the MTA shall be called the EC. The entire management of the affairs of the MTA shall be vested in the EC, in accordance with the provisions and regulations of this Statute.

11.2

The EC is bound to manage the MTA by the directions of the General Meeting according to the provisions of this Statute and to report back to the General Meeting.

11.3

The President and Secretary of the MTA must have a Maltese nationality, be proficient in the Maltese language and be involved in Taekwondo.

11.4

When five or less academies/clubs are members of the MTA, the EC shall be composed of five officials nominated to the post of President, Secretary, Treasurer plus two other officials.

11.4.1 Provided that if article 9.7 cannot be satisfied than the remaining vacant post(s) are fulfilled according to article 9.10.

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STATUTE OF THE MALTA TAEKWONDO ASSOCIATION 11.4.2 Should the number of academies/clubs increase more than five, than the number of officials on the EC shall be increased accordingly to ensure equality as provided by article 9.7 whilst ensuring an odd number of officials on the EC. 11.4.3 This adjustment will be made at the next General Meeting when elections are due.

11.5

The President will chair the meetings of the EC. With prior knowledge of his absence, the President shall have the power to delegate another ECM to chair the meeting. Should the President become suddenly indisposed, the other ECM will delegate another ECM to chair the meeting.

11.6

The EC shall be convened not less than six times a year.

11.7

The President may summon the EC meeting whenever he deems necessary. Any EC member may request an EC meeting by writing to the President or Secretary stating the purpose of such a meeting. The Secretary shall call such a meeting within thirty days of receipt of the written request.

11.8

The Agenda for EC meetings is preferably to be sent to all ECM at least seven days in advance.

In the event of an urgent EC meeting, the Secretary shall be dispensed from sending an Agenda, but is bound to inform all ECM by any other means.

11.9

60% of the ECM, one of whom must be the President, shall form a quorum for an EC meeting.

Should the President be unable to attend due to unprecedented reasons, then the EC meeting will either be adjourned or, if circumstances dictate otherwise, proceed as normal provided a quorum is maintained.

11.10 Each officer of the EC shall have one vote and all decisions are to be taken by a simple majority.

The Chairman of the meeting shall have a casting vote in the event of a tie.

11.11 The EC may invite to any of its meetings representatives of the academies/clubs or any other individuals who might be necessary to assist the EC in its decision-making process. Such persons will not have a vote during these meetings.

11.12 The EC shall decide upon the following matters amongst others: a) b) c) d) e) f)

Planning and management of the organisation and operations of the MTA. Financial budgets and operations.

Proposed amendments to the Statute and bylaws.

Agenda of the General Meeting.

Matters referred to it by the academies/clubs and members.

Social activities.

11.13 The office of any ECM shall be vacated: a) If by notice in writing to the MTA he resigns his office. b) If he becomes prohibited from holding office by reason of any court order or through a sanction imposed on him by WT, MOC, MPC or SportMalta. c) If he is requested to resign by all other ECM acting together because he fails to attend three (3) consecutive meetings without providing appropriate reason.

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STATUTE OF THE MALTA TAEKWONDO ASSOCIATION 11.14 The dissolution of the EC can be decided at any time before the term of office of three (3) years has expired, if at least 80% of the EC agree that such a dissolution is necessary for the better management of the MTA. In such a case an Extraordinary General Meeting will be called asking for the affiliate members to either take a vote of confidence in the ECM or else approve the need to initiate an electoral process.

11.15 For accountability and transparency sake, any expenses incurred by the MTA and/or request for payments/settlements requires the prior approval, by a simple majority of the EC, before any expenses are incurred and any payments are issued by the treasurer for amounts over Euros 50. Expenses over Euros 250 should be approved after obtaining at least two quotations from different sources.

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WORLD TAEKWONDO DIRECTIVE

12.1

In terms of the WT’s directive, the MTA’s members, athletes, coaches, and referees may not participate in taekwondo events run by any other organisation or individuals both locally and abroad unless these events have been approved by the MTA or WT.

12.2

In terms of the WT’s directive, the MTA will appoint an English-speaking administrator who will carry out the responsibilities of implementation of WT‘s Global Management System to ensure that all members of the MTA have an active WT membership and all those members (athletes or officials) attending any WT G-ranked events hold an active WT Global Licence.

12.3

All academies/clubs and members of the MTA are subject to the jurisdiction of WT and its Disciplinary Code.

12.4

Should the MTA be temporarily suspended by WT and an Interim Board is appointed by WT instead of the EC to govern the affairs of the MTA until such time that matters are normalised to the satisfaction of WT, then the legal representation of the MTA as provided in article 2.9 will be taken over by Interim Board members. These members will take over the management and administrative responsibilities of the MTA and also gain the ability to sign or issue cheques or to transfer any amount of money both locally or abroad and shall be the only persons to represent the MTA, to deal and authorize any agreements with the banks, other entities, or organizations until such time that the MTA remains suspended.

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AMENDMENTS TO THE STATUTE AND BYLAWS

13.1

The Statute shall only be amended by a two-thirds majority of all affiliate members present at a General Meeting.

13.2

Subject to article 2.6.1, the EC shall have power to make, rescind or amend bylaws as they shall from time to time think necessary for the towards the better management of the technical and administrative affairs of the MTA. Such new bylaw, rescission, or amendment shall hold good until confirmed, rescinded, or amended by a simple majority at the next General Meeting.

13.3

Clauses 2.5 and 2.6 cannot be amended without prior approval from WT.

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STATUTE OF THE MALTA TAEKWONDO ASSOCIATION 13.4

Clauses 13.1 and 13.2 of the Statute may only be amended by a ‘unanimous vote’ of all the affiliate members present at a General Meeting and only after having been approved by WT.

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DISSOLUTION

14.1

The dissolution of the MTA can only be decided by an 80% majority decision of the affiliate members during a General Meeting.

14.2

In the event of dissolution of the MTA, all assets of the MTA shall be applied in favour of another non-profit voluntary organisation with similar purpose as the MTA as decided by the affiliate members in a General Meeting or by the Courts of Malta.

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MODERATOR

15.1

WT has the right to appoint a moderator to supervise the function of the MTA until such time that they deem fit to ascertain that the sport of taekwondo in Malta is being governed properly.

15.2

The moderator shall be a professional person, or a person of high integrity, who preferably but not necessarily presides or forms part of another functional committee, but not in any way related to the MTA.

15.3

The moderator shall be proposed by the EC to WT, but it will be the final decision of WT whether to accept such proposal. If not accepted, WT would either invite the MTA to propose another moderator or would itself propose the moderator. The decision of WT will be final.

15.4

The MTA will forward the minutes of all EC meetings and will inform the moderator, two weeks in advance, of the date and place of all EC and General Meetings. The moderator has the right to attend all EC meetings and General Meetings of the MTA. Where the ECM cannot agree on the way forward on any matter, the moderator will direct the EC how to act. The moderator can seek assistance from pertinent sources before he makes his decision.

15.5

The moderator may exercise executive powers on the EC including a vote to veto any decision that in his opinion will not be conducive to the good governance of the MTA including those of a technical nature. Such a decision would need to be brought to the attention of WT and/or the MOC and/or the MPC and/or SportMalta within two days of it being taken for their endorsement or advice otherwise.

15.6

Any ECM or academy/club or member may approach the moderator with issues of governance related within the MTA. The moderator, after listening to the brought arguments from the parties involved, will have the final decision, after consulting with WT, to decide on the best course of action through one or more of the following: 15.6.1 15.6.2 15.6.3 15.6.4

Calling and holding an EC meeting.

Terminating any ECM’s appointment as he deems fit.

Replacing the terminated ECM’s position by a person of his recommendation or call for elections to replace the vacant post.

Dissolving the EC and appointing an Interim Board, under the guidance of WT, until a General Meeting for a new election is conveyed.

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STATUTE OF THE MALTA TAEKWONDO ASSOCIATION APPENDIX A - DEFINITIONS Academy/Club

An affiliate or associate academy/club member of the Malta Taekwondo Association as defined in accordance with this Statute, set up in accordance with Maltese law, functioning within the national boundaries in Malta, registered with SportMalta and licensed by the Ministry for Education (if any fraction of their membership consists of minors).

Affiliate academy/club

An academy/club that has been set up and active for at least two years and has had its registration approved by SportMalta and, if any fraction of its membership consists of minors, also by the Ministry for Education.

Associate academy/club

An academy/club that has had its registration still not approved by SportMalta and, if any fraction of its membership consists of minors, still not approved also by the Ministry for Education.

Affiliate member

An individual who is a member of an affiliate academy/club.

Associate member

An individual who is a member of an associate academy/club.

EC

The Executive Committee of the Malta Taekwondo Association.

ECM

Executive Committee Member(s) of the Malta Taekwondo Association.

Legal Guardian

A parent or a person who has the legal authority to care for the personal interests of a member who is not 16 years of age.

Malta

The Maltese Islands.

Member

An individual person who is a member of an academy/club and practices taekwondo either as a martial art or competitive sport.

MOC

The Maltese Olympic Committee.

MPC

The Malta Paralympic Committee.

MTA

Malta Taekwondo Association.

Statute

The Statute of the MTA including the Appendices.

WT

World Taekwondo Federation and/or World Taekwondo Europe.

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STATUTE OF THE MALTA TAEKWONDO ASSOCIATION APPENDIX B – EMBLEM

APPENDIX C - CONSANGUINITY AND AFFINITY RELATIONSHIP Individuals are related by consanguinity if one is a descendant of the other, or if they share a common ancestor.

Individuals are related to each other by affinity if they are married or partners to each other, or the spouse or partner of one of the individuals is related by consanguinity to the other individual.

CONSANGUINITY includes individuals related by blood

AFFINITY includes a spouse and individuals related to the spouse

First Degree

Second Degree

Third Degree

First Degree

Second Degree

Parent

Grandparent

Uncle or Aunt

Spouse

Grandparent

Child

Grandchild

Nephew or Niece

Parent

Grandchild

N/A

Brother or Sister

N/A

Child

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STATUTE OF THE MALTA TAEKWONDO ASSOCIATION APPENDIX D - DECLARATION OF DUTIES OF CARE AND LOYALTY I hereby declare, acknowledge, and agree that I, if elected, I will be willing to serve on the EC of the MTA. By accepting to be nominated to be elected as an ECM, I understand that I have the duties of care and loyalty (as per paragraphs below) to the MTA and its members.

I commit that I will uphold these duties and that I shall do my utmost to ensure that the MTA performs its mission and achieves its goals. In addition, as an ECM of the MTA, I agree to: 1. Act with honesty and integrity.

2. Support in a positive manner all actions taken by the EC even when I am in a minority position on such actions. I recognize that decisions of the EC can be made only by a majority vote and respect the majority decisions of the EC, while retaining the right to seek changes through ethical and constructive channels.

3. Keep confidential information confidential.

4. Do not withhold information pertaining to the MTA from any other ECM. 5. Work with and respect the opinions of my colleagues who serve the EC and leave my personal prejudices out of all EC discussions.

6. Always act for the good of the MTA and represent the interests of all members served by the MTA. 7. Represent the MTA in a positive and supportive manner at all times.

______________________________________ Name in block letters

___________________ Date

______________________ Signature The Duty of Care: Executive Committee Members must perform their responsibilities with “ordinary care,” which is the use of good judgment and common sense. Executive Committee Members should devote a reasonable amount of time and attention to their responsibilities, attend meetings, and review and understand material submitted to them. They should ask questions, if necessary, to obtain sufficient information to fulfil their responsibilities.

The Duty of Loyalty: When an Executive Committee Member assumes office, the law requires that the best interest of the non-profit prevail over the Executive Committee Member’s personal or business interests. A conflict of interest can arise in many situations including, family interests, leasing property, buying goods and services, and borrowing or lending money. If an Executive Committee Member has a business, financial or familiar relationship with a party to the transaction, other directors must consider such transactions cautiously and in accordance with the law. Conflicts of interest have legal consequences and can adversely affect public perception. The Executive Committee Member should ensure that his organisation has procedures in place to ensure that those with decision-making power in the organization do not act to benefit themselves, their families, or their business interests at the expense of the organisation.

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STATUTE OF THE MALTA TAEKWONDO ASSOCIATION APPENDIX E – SPECIAL PROVISION This Statute recognises four academies/clubs that have already been set up and previously recognised by the Malta Taekwondo Federation. These are: Birzebbuga Taekwondo Club Dragon Academy Saint Martin’s Taekwondo Academy Santa Venera Taekwondo Academy The Statute recognises these four academies/clubs and their members as affiliate members of the MTA on the proviso that they have to apply with SportMalta and other local regulatory bodies to start to normalise their position according to the requirements of this Statute within six weeks from the publication of the new guidelines emanating from ACT No. LIV of 2021 (an act to provide for the regulation of Sports Governance and Integrity).

Should an academy/club fail to meet this stipulation, then the academy/club will lose its status as an affiliate academy/club of the MTA and instead will be considered as an associate academy/club until such time that its position is regularised.

Similarly, the individual members registered with this academy/club will also lose their affiliate status and will start to be considered as associate members with the consequence that the respective ECM affiliated to this academy/club will have to resign his post from the EC. For the purposes of this provision as well as to the other provisions contained in this Statute, the registered individual affiliate members are those that are fully paid-up members of the MTA not less than two weeks before the date of the meeting/event that depends on the data of the list.

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STATUTE OF THE MALTA TAEKWONDO ASSOCIATION

NOTES: Adopted for the first time by an EGM held on Thursday, 25th February 2021.

Amendments to Appendix A, Appendix E, paragraph numbers 6.2, 6.2.3, 6.2.11, 6.4 and 6.6 as well as bylaw numbers 1, 3, 4, 5, 6, 7, 8, 10, 11, 12 and 13 adopted during EGM and AGM held on Wednesday, 9th February 2022.

Amendments to Appendix A, Appendix E, paragraph number 2.9 and paragraph 6.4.2 adopted during EGM held on Monday, 21st March 2022.

The Executive Council members of the Malta Taekwondo Association hereby confirm that this is a true copy of the Association’s Statute as amended by the Extraordinary General Meeting of Monday, 21st March 2022.

Mrs Anna Vassallo ID: 0224358M President

Mrs Joanna Scicluna ID: 0633855M General Secretary

Ms Lucienne Cini ID: 0151271M Treasurer

Mr Mauro Busuttil ID: 0230687M Executive Member

Mr Jerome Vassallo ID: 0172803L Executive Member

Mr William Beck ID: 014756M Moderator

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STATUTE OF THE MALTA TAEKWONDO ASSOCIATION

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