CLub status

STATUTES FOR THE FLEKKERØY SPORTS TEAM

Founded 29 July 1950

I. INTRODUCTORY PROVISIONS

§ 1 Purpose

(1) The purpose of the sports team is to run sports organized in the Norwegian Sports Confederation and the Olympic and Paralympic Committee (NIF).

(2) The work must be characterized by volunteerism, democracy, loyalty and equality. All sporting activity must be based on basic values ​​such as enjoyment of sport, community, health and honesty.

§ 2 Organization

(1) The sports team is self-owned and independent with exclusively personal members.

(2) The sports team is a member of the Norwegian Football Association, the Norwegian Handball Association and the Norwegian Ski Association.

(3) The sports team is a member of NIF through Agder sports circle, belongs to Kristiansand municipality and is connected to Kristiansand sports council.

(4) The sports team must comply with the regulations and decisions of the superior organizational unit. NIF’s regulations apply to the sports team regardless of what may be stated in the sports team’s own law.

§ 3 Members

(1) In order for a person to be admitted to the sports team, that person must:

  • Accept to comply with the rules and decisions of the sports team and the superior organizational link.
  • Have settled any financial obligations to the sports team and other organizational units in NIF.

(2) The board of the sports club can in special cases deny a person membership. Before a decision is made, the person must be made aware of the background to the case and be given a period of two weeks to make a statement. The decision must be in writing and substantiated, as well as inform about the right to appeal. The decision can be appealed to the sports association within three weeks after it has been received. The complaint must be sent to the sports club’s board, which can possibly overturn the decision. If the decision is upheld, the complaint is sent to the sports association within two weeks.

(3) Membership in the sports club is only valid from the day the membership fee is paid.

(4) The member is obliged to comply with the rules and decisions of the sports team and the superior organizational link.

(5) Denunciation must be made in writing and becomes effective when it is received.

(6) The sports association may revoke membership from a member who, after being warned, does not pay the set membership fee. A member who owes dues for two years automatically loses his membership in the sports team and must be removed from the team’s membership list.

(7)a) The board of the sports association may in special cases deprive a member of membership for a period of up to one year. Before a decision is made, the person concerned must be made aware of the background to the case and be given a period of two weeks to make a statement. The decision must be in writing and substantiated, as well as informing about the right to appeal .

b) In the case of deprivation of membership, the relevant case may demand that the decision be processed by

ordinary/extraordinary annual meeting, and has the right to be present at the annual meeting’s consideration of the matter. The claim must be made within one week after the decision has been received, and the annual meeting must then be held within one month.

c) In case of withdrawal of membership, the sports team’s decision can be appealed to the sports association within three weeks after the decision has been received. The complaint must be sent to the sports association’s board, which may overturn the decision if it has been made by the board itself. If the decision is upheld, the complaint is sent to the sports association within two weeks. The sports association’s decision does not come into force until the appeal period has expired, or when the appeal case has been decided.

(8) The sports team must keep electronic member lists in the sports national membership register in line with regulations issued by the Sports Board.

II. TRUSTEES

§ 4 Gender distribution

(1) The sports team must work for equal gender distribution when electing/appointing to boards, committees, etc. and representation at annual meetings/things. When electing/appointing a board, council, committee/committee etc. and in the case of representation at the annual meeting/things in a higher organizational level, both sexes must be represented. The composition must be proportional in relation to the gender distribution in the membership, however, so that when more than three people are elected/appointed, at least two people from each gender must be elected/appointed. The provision also applies where more than one deputy member is elected. The employee’s representative does not count when calculating the gender distribution.

(2) In case of election/appointment to board, council, committee/committee etc. contrary to the provision, the board must send out a notice for an extraordinary annual meeting within one month after the annual meeting where new elections are held. Existing members of the relevant board, committee etc. becomes a member of the new board, committee etc. is elected/appointed.

(3) The sports board can order the sports team to comply with the provision, including calling a new annual meeting or making a new appointment.

(4) The sports board may, when there are special circumstances, grant a dispensation from this provision for an election/appointment.

§ 5 General rules on voting rights, eligibility, right to propose, etc.

(1) In order to have the right to vote, to be eligible for election to the annual meeting/parliamentary elected bodies and to be able to be elected/appointed as a representative to the annual meeting/parity in a superior organizational unit, one must have turned 15 during the calendar year, have been a member of the sports team for at least one month and have settled their financial obligations to the sports team.

(2) A member may not simultaneously hold more than one of the following positions in the sports team: member of the board, election committee, control committee, legal committee, auditor, committee that imposes sanctions.

(3) A member cannot hold a board position in several sports teams that participate in the same competition. The same applies to other positions of trust that give the possibility of influencing the competitive activity in question, or access to information that can be used to one of the sports teams’ advantage.

(4) Right of proposal:

a) A member has the right to make proposals to and at the annual meeting of the sports club.

b) The board of the sports club has the right to make proposals to and at the annual meeting of the sports club.

c) Committees/committees entitled to meet have the right to make proposals to the annual meeting in matters that fall within their scope

work area, and its representative(s) have the right to make proposals at the annual meeting within the committee’s/committee’s work area.

(5) Right to meet and speak:

a) A representative from a higher level of organization has the right to attend and speak at the annual meeting of the sports team.

b) The auditor has the right to attend and speak at the annual meeting in matters that fall within his area of ​​work.

§ 6 Right to vote, eligibility and right of representation for employees

(1) According to this provision, an employee means a person who:

a) performs paid work for the sports team corresponding to a job fraction of more than 20%, or

b) receives more than 1 G in salary/other benefits from the sports team during a calendar year.

(2) An employee in the sports club does not have the right to vote at the sports club’s annual meeting, and is not eligible for election to the board, council, committee/committee, etc. in the sports team or higher organizational level. A shop steward who receives relevant employment is obliged to resign from the shop on taking up the position, and cannot re-enter until the employment relationship has ended.

(3) An employee in the sports team cannot be elected or appointed as a representative to the annual meeting/things or management meeting in a higher organizational level. Nor can a representative be elected or appointed who is an employee in the organizational unit where the representation takes place.

(4) The provision does not prevent the sports club from giving the employees the right to appoint employee representative(s) to the sports club’s board.

(5) A person who is elected or appointed in contravention of the provision is not considered to have been elected or appointed.

(6) The Sports Board may, when there are special circumstances, grant a dispensation from the provision for an election/appointment.

§ 7 Eligibility and right of representation for other persons connected to the sports team

(1) A member who has a special financial interest in the running of the sports team that exceeds 1 G during the calendar year is not eligible for election to the board, council, committee/committee etc. in the sports team or higher organizational level. The same applies to a board member, employee or shareholder with significant influence in a legal person who has such a special financial interest as mentioned in the first sentence. The restriction does not apply to board members appointed by the sports association. A trustee who receives such a financial special interest, directorship, employment or ownership share is obliged to resign from the trusteeship, and cannot re-enter before the employment relationship etc. has ceased.

(2) A person who, in accordance with the first paragraph, is not eligible for election, may also not be elected or appointed as a representative to the annual meeting/things or management meeting in a superior organizational unit. Nor can a representative with a corresponding connection to the organizational unit where the representation takes place be selected or appointed.

(3) A person who is elected or appointed in contravention of the provision is deemed not to have been elected or appointed.

(4) The sports board can, when there are special circumstances, grant a dispensation from the provision for an election/appointment.

§ 8 Disqualification

(1) A shop steward, appointed representative or employee of the sports team is ineligible to prepare the basis for a decision or to make a decision:

a) when the person concerned is himself a party to the case,

b) when the person in question is related or related to a party in the ascending or descending line or in the lateral line as close as a sibling,

c) when the person concerned is or has been married to or is engaged or cohabiting with a party,

d) when the person concerned leads or holds a leading position in, or is a member of the board of an organizational unit or other legal entity that is a party to the case.

(2) Likewise, the person in question is incompetent when there are other special circumstances that are likely to weaken trust in the person in question’s impartiality; among other things, emphasis must be placed on whether the decision in the case may involve particular benefit, loss or disadvantage for the person concerned or someone with whom the person has a close personal connection. Emphasis must also be placed on whether a disqualification objection has been raised by a party.

(3) If a superior is incompetent, a decision in the case cannot be made by a direct subordinate in the sports team either.

(4) The disqualification rules do not apply if it is obvious that the union representative, appointed representative or employee’s connection to the case or the parties will not be able to influence the person concerned’s position and sporting interests do not dictate that the person concerned should give up his seat.

(5) In this provision, party means a person, including a legal person, to whom a decision is directed or to whom the case otherwise directly applies.

(6) In boards, committees and committees, the decision is made by the body itself, without the relevant member participating. If, in one and the same case, a question of disqualification arises for several members, none of them can participate in the decision on their own or another member’s disqualification, unless the body would otherwise not have decided on the question. In the latter case, all members present must participate. The member must report in good time about conditions that make or may make the person ineligible. Before the question is decided, the deputy member or other deputy should be summoned to attend and participate in the decision if it can be done without significant loss of time or cost.

(7) In other cases, the person in question decides whether the person in question is incompetent. If a party demands it and it can be done without a significant waste of time, or if the person concerned otherwise finds reason to do so, the person concerned must himself submit the question to his immediate superior for a decision.

(8) The provision does not apply to the annual meeting of the sports team.

§ 9 Quorum, majority requirement and minutes

(1) Boards, committees and committees in the sports club are competent to make decisions when a majority of the members are present. Decisions are made by a majority of the votes cast. In the event of a tie, the chairman’s vote is decisive.

(2) Decisions may be made by written consideration or by remote meeting, if a majority of the members agree to this. In the case of written proceedings, copies of the case’s documents are sent simultaneously to all members with a proposal for a resolution. In remote meetings, all meeting participants must be able to communicate with each other.

(3) Minutes of board meetings must be kept. The minutes must be available to the members of the sports team, unless the board decides otherwise in the individual case.

§ 10 Reimbursement of shop stewards’ expenses. Allowance

(1) The shop steward may receive reimbursement for necessary, actual expenses incurred by the person concerned in connection with the performance of the office.

(2) The shop steward may receive a reasonable remuneration for his work.

(3) Remuneration to the board and general manager must be clearly stated in the adopted budget and accounts.

III. ECONOMY

§ 11 Accounting and auditing obligations, etc.

(1) The sports club is obliged to keep accounts and audits, and must prepare an annual account which is adopted by the annual meeting. The annual accounts must be signed by all board members. If the sports team has a general manager, the general manager must also sign.

(2) The sports team must follow general legislation for accounting and auditing where this applies. Sports teams with an annual turnover of five million kroner or more must engage an auditor and follow general legislation for accounting and auditing, even if they are not obliged to do so under general legislation. For sports teams that do not have accounting obligations under general legislation, the following applies in any case:

a) The accounts must show a statement of income and costs in the financial year and must include the entire sports team’s activity. If the sports team is divided into several groups/departments, the activities of the individual groups/departments must also be shown in the accounts.

b) All transactions must be documented in a way that shows their eligibility.

c) The accounts must be recorded and specified as often as the nature of the information and the nature and scope of the sports team dictate.

d) The accounts with all vouchers, book-entry information and sub-documentation must be kept in a safe manner for a minimum of five years after the end of the accounting year.

e) Bank accounts must be linked to the sports team, and must be jointly managed by at least two people. All payment transactions must be approved by at least two people jointly.

(3) The sports team must have embezzlement insurance.

Section 12 Budget

(1) At the annual meeting, a budget must be adopted that contains all main items in the income statement. Any funds set aside for the control committee’s work must be specified separately.

(2) The budget must be realistic, and the result must not show a deficit unless it is covered by positive equity.

(3) The adopted budget should appear in a separate column when the annual accounts are presented.

(4) The membership fee is determined by the annual meeting. The training fee is determined by the board.

§ 13 Lending and guarantee

(1) The sports association cannot grant loans or provide guarantees for loans if the loan or guarantee is not secured by a guarantee pledge or other guarantee security. The security for loans and guarantees must be disclosed in a note to the annual accounts. Only the annual meeting can grant loans or provide guarantees.

IV. ANNUAL MEETING, BOARD, COMMITTEE, ETC.

§ 14 The annual meeting

(1) The annual meeting is the sports club’s highest authority, and is held every year by the end of March.

(2) The annual meeting is called by the board with at least one month’s notice directly to the members, possibly in another appropriate way, including by announcement in the press, possibly on the sports association’s website. The summons may refer to the case documents being made available on the sports association’s website or in another appropriate way. In that case, it must be stated that the documents will be made available no later than one week before the annual meeting. Proposals to be considered at the annual meeting must be sent to the board no later than two weeks before the annual meeting. A complete agenda and other necessary case documents with proposals for the annual meeting must be made available no later than one week before the annual meeting.

(3) In the event of convening in violation of the provision, the annual meeting decides subject to approval of the notice and approval of the agenda, whether the annual meeting has been legally convened and whether there are matters that cannot be dealt with.

(4) All members of the sports club have access to the annual meeting. The annual meeting may decide that other persons and/or the media may be present, or that the annual meeting is only open to members and others with attendance rights.

(5) The annual meeting is passed if it is attended by a number of members entitled to vote that at least corresponds to the number of board members to be elected by the annual meeting. If the annual meeting is not approved, the annual meeting can be called again without a minimum attendance requirement.

(6) At the annual meeting, proposals for changes to the law or provisions that are not listed on the list of issues that have been made available or sent out cannot be considered. Other matters can be dealt with when 2/3 of those present who are entitled to vote decide so by approving the list of matters.

(7) The annual meeting can take up loans and operating credits.

(8) Planned investments with a separate project budget must be dealt with by the annual meeting. Subsequent project accounts must be adopted by the annual meeting.

§ 15 Management of the annual meeting

The annual meeting is chaired by elected conductor(s). Neither the conductor nor the recorder need to be a member.

§ 16 Tasks of the annual meeting

The annual meeting shall:

1. Approve those entitled to vote.

2. Choose conductor(s).

3.Select protocol keeper(s).

4.Choose two members to sign the protocol.

5. Approve the summons.

6. Approve the case list.

7. Approve the rules of procedure.

8. Process the sports team’s annual report.

9. Handle the sports team’s accounts, the board’s financial report, the control committee’s report [and the auditor’s report].

10. Handle proposals and cases.

11. Set a membership fee of at least NOK 50.

12. Adopt the sports team’s budget.

13. Handle the sports team’s organizational plan.

14. Make the following choices:

a) Board with chairman, 3-5 board members and 1 deputy member.

Leaders of the following subgroups sit on the board with full rights:

Football, handball and skiing.

The chairman of the board of Sør Cup AS has the right to attend.

b) Control committee with 2 members and 1 deputy member.

c) Representatives for things and meetings in the organizational units the sports team has the right of representation or give the board authority to appoint the representatives.

d) Election committee with at least 2 members and 1 deputy member.

e) Any other elections in accordance with the sports team’s organizational plan.

Managers are selected individually. Other members are elected collectively.

15. Engage an auditor to audit the sports team’s accounts.

§ 17 Voting at the annual meeting

(1) Unless otherwise stipulated in this Act, a decision must, in order to be valid, be taken by a simple majority of the votes cast. No representative has more than one vote, and no one can vote on behalf of others. Blank votes shall be considered not cast.

(2) Elections take place in writing if there is more than one proposal or there is a demand for it. Blank votes, or votes for candidates that have not been proposed, or that contain more candidates than the number to be elected, do not count, and the votes are considered not cast.

(3) When an election takes place individually and no candidate obtains more than half of the votes cast, a run-off election is held between the two candidates who obtained the most votes. Is it the new election tie vote, the election by drawing lots.

(4) When several people are to be elected in a vote, in order to be considered elected, everyone must have more than half of the votes cast. This does not apply to the election of a deputy member. If not a sufficient number of candidates have achieved this in the first instance, those who have received more than half of the votes are considered elected. A re-election is then held between the other candidates and after this vote, the chosen ones are deemed to have received the most votes. Is it the new election tie vote, the election by drawing lots.

§ 18 Extraordinary annual meeting

(1) An extraordinary annual meeting of the sports club is called by the sports club’s board with at least 2 weeks notice after:

a) decision of the sports club’s board or annual meeting,

b) decision of the board or annual meeting/things in a higher organizational level, or

c) written demand from 1/4 or 50 of the sports club’s voting members.

(2) The subject list and other necessary documents must be attached to the notice or made available in a proper manner and this must be stated in the notice.

(3) An extraordinary annual meeting is adopted if it is attended by a number of members entitled to vote that at least corresponds to the number of members of the board in accordance with this law. If the extraordinary annual meeting has not been adopted, the annual meeting can be called again without a minimum attendance requirement.

(4) An extraordinary annual meeting of the sports association shall only deal with the matters specified in the resolution or in the requirement(s) for convening the extraordinary annual meeting.

(5) In the event of convening in violation of the provision, the extraordinary annual meeting decides subject to approval of the notice and approval of the agenda, whether the extraordinary annual meeting has been legally convened and whether there are matters that cannot be dealt with.

§ 19 Dispositions of significant importance, extraordinary character or significant scope

Dispositions of significant importance, extraordinary nature or significant scope in relation to the sports team’s size or activities, can only be adopted by the annual meeting.

§ 20 The sports team’s board

(1) The sports team is managed and bound by the board, which represents the sports team externally.

The board is the sports club’s highest authority between annual meetings.

(2) The board must, among other things:

a) Implement the rules and decisions of the annual meeting and the superior organizational unit.

b) Ensure that the sports team’s funds are used and managed in a careful manner in accordance with the decisions made at the annual meeting or in the higher organizational level, and ensure that the sports team has a satisfactory organization of the accounting and budget function as well as proper financial management.

c) Appoint committees/committees, and prepare mandates/instructions for these.

d) Appoint a person responsible for the police certificate scheme and a person responsible for children’s sports.

e) Appoint representatives to annual meetings/things in higher organizational levels if the annual meeting has not elected representatives.

f) Report organizational data in accordance with requirements established by the Sports Board.

(3) The board shall hold meetings when the chairman so decides or at least two of the board’s members request it.

§ 21 Control committee

(1) The control committee has the following tasks:

a) Ensure that the sports team’s activities are conducted in accordance with the sports team’s and the superior’s

organizational unit’s regulations and decisions.

b) Have a particular focus on ensuring that the sports team has proper management and financial management, that its funds are used in accordance with laws, decisions, grants and financial frameworks.

c) Submit all proposals for resolutions to be considered at the annual meeting, and issue a statement on the matters that fall within their area of ​​work.

d) Keep minutes of its meetings, submit a report to the annual meeting, and carry out an accounting audit, unless the sports club has engaged an auditor. In that case, the committee must at least have an annual meeting with the auditor, and can, if necessary, engage an auditor to carry out the audit tasks the committee deems necessary.

(2) The control committee must have access to all information, reports and documents that the committee considers necessary to carry out its tasks.

Section 22 Election committee

The election committee is elected at the annual meeting on a free basis, following a recommendation from the board, and must submit a recommendation for candidates for all other positions of trust to be elected at the annual meeting. A member of the election committee who himself becomes a candidate for office must resign from the election committee unless the person in question notifies the election committee in writing and proposes that the person in question is not eligible for the office.

§ 23 Groups

(1) The sports association’s annual meeting can decide to establish and close groups, and how these are to be organized and managed. This is adopted in connection with the annual consideration of the sports club’s organizational plan, cf. section 16 point 13.

(2) If the sports association’s annual meeting, when considering the organizational plan, has decided to create groups with group boards, the following applies:

a) Each group must have a group board of at least three members. The group board is elected at the annual meeting. The group proposes candidates for the group board to the selection committee. If necessary, the annual meeting can authorize the executive board to appoint group boards based on proposals for candidates from the group.

b) The group holds an annual meeting before the annual meeting of the sports team. The executive board sets a final deadline for holding the annual meeting. The meeting is called by the group board with at least one week’s notice. The annual meeting must deal with the group’s accounts, and may submit input to the executive board on, among other things, the sports team’s accounts, annual report, training fee, budget and annual plan.

c) The group board constitutes itself, unless otherwise decided by the annual meeting.

d) The group board determines any annual training fee within the framework of the authorization given by the annual meeting.

(3) The group board or representatives of groups cannot enter into agreements or otherwise bind the sports team without authorization from the executive board.

V. OTHER PROVISIONS

§ 24 Amendment of the law

(1) The board must update the law in accordance with any changes in NIF’s law/legislative standard, and make the changes known to the sports team’s members as soon as they have been adopted by the board.

(2) Other changes to the law can only be made at an ordinary or extraordinary annual meeting of the sports club after being listed on the subject list, and require a 2/3 majority of the votes cast. The changes take effect immediately, unless the annual meeting decides otherwise. If the annual meeting adopts legislative changes, the minutes are sent to the sports circle. In the event of a conflict between the sports team’s regulations and NIF’s regulations, NIF’s regulations take precedence. The sports association can, as a superior organizational unit, impose the necessary change to avoid conflict with NIF’s regulations.

(3) Amendments to §§ 24 and 25 cannot be adopted by the sports team themselves unless the amendments follow from NIF’s regulations or legal norms.

§ 25 Dissolution, merger, denunciation and other termination

(1) Proposals for dissolution must be adopted by a 2/3 majority at two consecutive annual meetings, where the subsequent annual meeting must be held a minimum of three months and a maximum of 6 months later. If the sports club’s annual meeting decides to dissolve by unanimity, the sports club is dissolved without a subsequent annual meeting. The sports team must notify the sports district and special association in writing no later than 14 days before the sports team’s annual meeting considers a proposal for dissolution.

(2) Association with other sports teams is not considered dissolution of the sports team. Decisions on mergers or withdrawal from special associations and/or NIF are made in accordance with the provisions on changes to the law, cf. § 24.

(3) Upon deregistration, the sports club’s assets fall to NIF or purposes approved by the Sports Board if public support/gambling funds have been provided for these assets. In the event of dissolution or other termination of the sports team, the team’s excess funds after liquidation accrue to a purpose approved by the sports association. Notification that the sports club is to be dissolved must be sent to the sports club 14 days before the sports club holds its ordinary annual meeting to consider the matter.

(4) The articles of association were adopted at the annual meeting on 28 May 2022.

LEAVE US YOUR EMAIL TO STAY UP TO DATE!