CHAPTER 1
DENOMINATION, OBJECTIVES,
ADDRESS AND RANGE OF OPERATION |
| 1 |
With the denomination "International
Wine Clubs Associate", and Association is constituted, adopting the rules
established in the law 191/64 of December 24th, and the complementary norms of
Decree 1440/65, dated May 20th, and without any lucrative purpose. |
| 2 |
The main objective of this Association is
to facilitate a forum for the full and free exchange of information and views
between member, with the purpose of improving their situation and protecting
their long range interests wherever necessary in any area of the world.
|
| 3 |
To achieve these ends the following
activities will be undertaken:
a) Activities aimed towards enhancing a culture of wine comprehension and
appreciation on an international level.
b) Activities defending the culture of wine appreciation against any pressure
groups or anti-wine organisations.
c) Activities designed to encourage collaboration between its members.
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| 4 |
The Association established its registered
address in: |
| |
International Wine Clubs Association
Calle Conde de la Cimera, 4
28040 MADRID - SPAIN
and its territorial range of activities will be world-wide. |
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| CHAPTER II |
| 5 |
The Association will be directed by a
Management Committee, composed by a Chairman, a Treasurer, a Secretary and two
Ordinary Members. No member may hold more than one task on the
Committee. |
| |
The Association will be managed by an
Administrative Committee formed by the Chairman, the Treasurer, and the
Secretary. |
| |
All the parts that comprise the Management
Committee and the Administrative Committee will be gratuitous and the members
will be designated at each Congress for a two-year period. |
| |
The members of the Management Committee
and the Administrators can be reelected for a maximum of three two-year
terms. |
| |
A minimum of two years must have elapsed
before a former member may again be eligible for election to the Committee. All
elections will be conducted on the basis of one member - one vote. |
| 6 |
The Management Committee and the
Administrative Committee will meet as often as required by the President (or on
the initiative of two of its members), and will be constituted when half plus
one of its members attend the meeting and for their agreements to be valid a
majority of vote is required. In the cast of equal number of votes, the
President's vote will be decisive. |
| 7 |
The Management Committee's faculties are :
a) To direct the social activities.
b) To execute the agreements reached during the Congresses.
c) To elaborate the Annual Budget and submit same to the Congress for approval
as well as the Financial Statements.
d) To prepare a Code of Ethics to be approved by the Congress.
e) Expulsion of members.
f) Any other activity that is not the exclusive competence of the
Congress. |
| |
The powers of the Administrative Committee
are :
a) To carry out the Association Economic Administration, agreeing to undertake
convenient contacts and activities.
b) To determine the admission of new members.
c) To name delegates to carry out certain activities for the
Association. |
| 8 |
The President will have the following
attributions :
- Legal representation of the Association in the face of all public or private
organisations.
- To convene, preside and adjourn the sessions celebrated by the Management
Committee and the Administrative Committee in meetings.
- To authorise with his signature documents, minutes of meetings and
correspondence.
- To adopt any urgent measure advisable for the well-being of the Association
even though reported at a later date to the Management Committee. |
| 9 |
The Secretary will be in charge of
directing all administrative tasks of the Association. |
| 10 |
The Treasurer will collect and guard the
funds pertaining to the Association, giving account of payments and authorising
the corresponding bank documents. |
| 11 |
Any vacancies that could occur during the
mandate of any of the Directive Member will be provisionally covered between
said members until a new definite election takes place when Congress next
meets. |
| |
All directive duties will be completely
gratuitous. |
|
| CHAPTER III - CONGRESS |
| 12 |
Congress is the Association supreme
organisation, and will be composed by all members. |
| 13 |
The Congress meeting will be ordinary and
extraordinary. The ordinary one will be celebrated every two years. The
extraordinary congress will be held whenever circumstances make it advisable,
depending on the President's criteria or when the Management Committee agrees
to same. |
| 14 |
The notice to the meeting of a Congress,
whether ordinary or extraordinary, will be sent in writing, informing about the
place, the day and hour of the meeting, together with the corresponding
agenda. |
| 15 |
The Congress, whether ordinary or
extraordinary will be duly constituted when attended by a majority of members
with the right to vote. The resolutions will be determined by simple majority
vote of the attendants. |
| 16 |
Powers of the Congress: |
| |
a) To approve, as the case may be, the
steps taken by both the Management and Administrative Committees.
b) To examine and approve the Financial Statements.
c) To fix the membership fees.
d) To name the management team.
e) Modification of the rules.
f) Dissolution of the Association. |
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| CHAPTER IV - MEMBERS |
| 17 |
Any Wine Club from any country in the
world may belong to the Association, providing that its structure objectives
and volume of operations complies with the following : |
| |
1) Activity |
| |
The Club's main activity is the "mail
order" sale of wines and spirits, as well as other products and services
closely related with them, directed towards an established number of
subscribers or members of the Club. |
| |
2) Clients |
| |
The customers are to be primarily
consumers, not traders. |
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3) Membership
Rules |
| |
Membership of the Club should be open to
any individual interested in developing his or her knowledge of wine, without
any unreasonable obstacles being put in their way. |
| |
4) Regular
Contact |
| |
The Club must have a regular and active
contact with its members, through magazines, catalogues, telephone or
electronic means. |
| |
5) Emphasis on
Wine Appreciation |
| |
The Club must lay emphasis on the gain in
the member's enjoyment and knowledge of wine and wine-related activity.
|
| |
6) Scale of
Operations |
| |
The Club has a sales volume of at least
200,000 bottles a year. |
| |
7) Continuity |
| |
The Club has been in active existence for
at least three years. |
| |
8) Commercial
Character |
| |
It is a registered company obliged to
disclose Profit and Loss account to the relevant authorities and to operate
under regulations appropriate to commercial organisations. |
| 18 |
Members of the Club will resign for any of
the following causes : |
| |
a) Voluntary resignation notified in
writing to the Management Committee.
b) Ceasing to meet the criteria of eligibility.
c) Unfulfillment of the members economic obligations.
d) Bankruptcy.
e) Gross misconduct. |
| 19 |
Members will have the following rights
: |
| |
a) Participate actively in the
Associations activities.
b) Attend Management Committee Meetings.
c) Attend or name representatives for Congress meetings.
d) Dispose of all the benefits and advantages that the Association may
obtain.
e) Be electors and eligible for election for directive positions. |
| 20 |
Members will have the following
obligations : |
| |
a) Comply with the Articles of
Association and agreements of the Congresses and Management Committee.
b) Payment of the established quotas.
c) Circulate to all the other members copies of their regular customer
communications.
d) Act as host following a rotation sequence upon proposal by the Management
Committee at regular bi-annual Congress of the Association. |
|
| CHAPTER V - ECONOMIC RESOURCES |
| 21 |
The economic resources allocated for the
undertaking of the objectives and activities of the Association will be as
follows : |
| |
a) The Initial Patrimony will comprise
9,000 sterling pounds being the equivalent of 1.845.000. - Ptas. (one million
eight hundred and forty five thousand pesetas).
b) The corresponding annual fees.
c) Any other legitimate resource. |
| 22 |
The limit of the Association Annual Budget
will be established during the biannual Ordinary Congress. |
|
| CHAPTER VI - DISSOLUTION OF THE
ASSOCIATION |
| 23 |
The Association will be dissolved for any
of the following causes : |
| |
a) With the agreement of the two thirds
of its members taken in an extraordinary Congress.
b) Because the objectives and aims for which the Association was formed have
deviated or have been substantially changed. |
| 24 |
If dissolution takes place a Liquidating
Commission will be formed. Once the debts are satisfied, if any funds remain,
they will be destined to charity. |
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| ADDITIONAL DISPOSITION |
| |
On all which is not foreseen in the
Articles of Association, the present Law of Associations dated 24th December
1964 and complementary dispositions in force will be applied on. |
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