Constitution
The constitution of the MLC was signed at the inaugural meeting that was held on 26 September 2022 in Riccione, Italy.
Article 1. Name and Formation
1.1. The
International Life Saving Federation (ILS) Members bordering the Mediterranean
Sea have founded a Mediterranean Lifesaving Confederation, abbreviated
"MLC".
1.2. The MLC is a
non-governmental, non-profit association and is established for an indefinite
duration.
Article 2.
Registered Office - Seat
The registered office is located in the country decided by the General
Assembly. The location of the registered office may be changed from time to
time by the General Assembly. The current seat is located in the Italian
Swimming Federation (FINS) Training Centre in Ostia,
Italy.
Article 3.
Objectives
The objectives of the MLC are to promote lifesaving sport in the
Mediterranean Games and to include Lifesaving Sport in the Mediterranean Games
and Mediterranean Beach Games. The MLC is allowed to undertake all actions,
engage in all activities and execute all legal instruments, which are useful,
necessary or which directly or indirectly contribute to the achievement of its
objectives. The activities of the MLC may not conflict with
the interests of ILS and its Regional Branches.
Article 4. Members
4.1. All ILS
Members whose borders falls within the geographical and political Mediterranean
Zone (as defined by the International Committee for the Mediterranean Games)
shall also be a Member of the MLC.
4.2. Categories
of membership, together with rights and obligations connected with the
respective category of membership, shall be the same as for the ILS.
4.3. A lifesaving
organisation cannot be a member of the MLC without being a Member of the ILS.
Article 5. Legislation
5.1. The
legislation of the MLC consists of the Constitution and the Bye-Laws.
5.2. The MLC legislation shall at all times
remain subject to the ILS legislation.
5.3. Requirements
and procedures for organising lifesaving sport events and competitions are
regulated in the ILS Rules of Lifesaving Sport.
Article 6. General Assembly
6.1. The General
Assembly is the supreme governing body of the MLC. It is composed of
representatives from the MLC Members. Full Members may attend the General Assembly and have voting
rights. The other Members may attend the General Assembly but have no voting
rights.
6.2. The General
Assembly is empowered to: (a) Approve and modify the Constitution and Bye-Laws.
(b) Elect and dismiss the MLC President, the MLC Secretary General, the MLC
Vice-Presidents, the MLC Directors and the MLC Financial Auditors. (c) Approve
the accounts and accept budgets. (d) Exonerate or discharge from responsibility
the MLC Board of Directors and the MLC
Financial Auditors. (e) Adopt programmes of activities. (f) Decide upon
proposals submitted by the MLC Board
of Directors and the Full Members. (g) Decide on all other cases foreseen in
the MLC Constitution and Bye-Laws.
(h) Voluntarily dissolve the MLC.
6.3. Meeting
frequency. (a) The General Assembly of the MLC meets at least once every four calendar years. The
first time in 2022, then in 2024 and then every four years. (b) If requested by
the MLC Board of Directors or if a
written request is submitted to the MLC Board of Directors by at least 20% of the Full Members an Extraordinary
General Assembly must be convened within three months.
6.4. Convening
Notice. (a) The place and date of the General Assembly or Extraordinary General
Assembly shall be promulgated by procedures and timetables set out in the MLC Bye-Laws. Procedures governing
the calling of a General Assembly or Extraordinary General Assembly shall be
set out in the MLC Bye-Laws. (b) The
convening notice of an Elective General Assembly shall be promulgated by the MLC Secretary General not less than four months and
the agenda two months before such meeting by means described in the MLC Bye-Laws.
6.5. Agenda Items.
(a) The agenda for a General Assembly and an Extraordinary General Assembly
shall be composed by the MLC Board of Directors. (b) An agenda item shall be added if requested in
writing by at least 1/20 of the Full Members and received at least 14 days
before the Extraordinary General Assembly and 30 days before the Elective
General Assembly.
6.6. Representation
to Vote. (a) In a General Assembly and an Extraordinary General Assembly, the
delegates of the Full Members are empowered to vote on behalf of their
respective Full Members. (b) Each Full Member has one vote. Each Full Member
can have one proxy from one other Full Member as per procedures specified in
the Bye Laws.
6.7. Quorum. (a) A
General Assembly is only validly constituted if the convening thereof has
occurred in accordance with this Constitution. A General Assembly can only
decide on items on the agenda. (b) The quorum of Full
Members required to be present at a General Assembly for resolutions on
dissolution of the MLC, on distribution of its assets and on amendments to the
MLC Constitution, shall be more than 50%. For other matters the minimum quorum
shall be 30% of Full Members with voting rights. (e) The respective quorum shall be reached at the opening session of
the General Assembly and is then valid for the whole General Assembly meeting.
6.8. Majority. The
following majorities are required: (a) Any vote on the dissolution, and the
distribution of the assets shall be passed by the agreement of 3/4 of the Full
Members present and voting. (b) Any vote on the move of the seat shall be
passed by the agreement of 3/4 of the Full Members. (c) Any vote on an
amendment to the MLC Constitution
or the MLC Bye-Laws shall be passed
by the agreement of 2/3 of the Full Members present and voting. (d) Any vote on
other matters shall be passed by a simple majority of the Full Members present
and voting. (e) For the purpose of ballots at a General Assembly, abstentions
shall not be included in these calculations. (f) Abstentions are not counted to
define majorities.
6.9. Decisions of
any General Assembly take immediate effect unless otherwise stated. The minutes
of the meeting are promulgated to all Members within two months after the
closing of the General Assembly by means described in the Bye-Laws.
6.10. A General
Assembly or a Board of Directors may decide that electronic ballots shall take
place. The following majorities are then required: (a) Dissolution, liquidation
and move of the seat of the MLC: Majority of 3/4. (b) All other motions: Majority of 2/3.
6.11. Any meeting
of the MLC can be organised electronically. The rules applied by the ILS are
also applicable for the MLC.
Article 7. Board of Directors
7.1. The Board of
Directors of The MLC is composed as follows: (a) One
MLC President. (b) One MLC Secretary General. (e) Up to three MLC Vice-Presidents who shall come, one from an
African, one from an Asian and one from a European country, but not from the
same country as the President and the General Secretary. (d) Four other
Director from another different country of the MLC. (e) The Board of Directors should preferably
include a minimum of one person of each gender.
7.2. All members
of the MLC Board of Directors shall be elected normally for a term of four
years, commencing at the conclusion of the Elective General Assembly or
Extraordinary General Assembly of the MLC.
7.3. Each Member
of the Board of Directors of the MLC shall be nominated by a Full Member and
hold membership in that Full Member Association. Each Member shall be elected
for a period of four years and is eligible for re-election. If a person elected
to be a Member of the Board has ceased to hold credentials in the nominating
Association this person automatically resigns from the Board. For this purpose,
a formal letter signed by the President or Secretary General of the nominating
Association that a person is no longer supported by that Association in the
role of Director shall be conclusive evidence of that resignation when received
by the Secretary General of the MLC.
7.4. The Board of
Directors shall meet at least once a year and the place and date shall be
promulgated by procedures set out in the Bye-Laws. The meeting can
also be electronically.
7.5. The Board of
Directors shall be empowered to: (a) Implement the decisions of the General
Assembly of the MLC. (b) Create and dissolve
commissions and working groups and approve their composition, membership, their
tasks and working procedures. (e) Approve the organisation for all regional
competitions conducted under the authority of the MLC. (d) Establish, maintain, publish and distribute
the calendar of the MLC activities.
(e) Adopt the activity report and the future projects. (f) Submit to the
General Assembly all proposals which it has agreed upon. (g) Appoint and
dismiss such officers and employees of the MLC as the Board considers necessary to carry on out the day-to-day business
of the MLC. (h) Adopt regulations
(policies and procedures) to guide the management of the MLC. (i) Enter into strategic alliances and other
collaborative arrangements with ILS organisations.
7.6. The quorum
of the Board is reached when more than 50 % of the Directors are present or
represented. One Board Member can be represented by another Board Member. The
resolutions of the Board shall be approved by a majority of 50%+1 of Directors
present.
7.7. A decision
can be made by way of a written-decision making procedure that is detailed in
the Bye-Laws.
7.8. The MLC
President and the MLC Secretary General are empowered to jointly represent the
MLC vis-à-vis third parties and as such to enter into legally binding
transactions and sign any agreement or other document on behalf of the MLC
provided that such transactions and agreements do not conflict with the
Constitution and the Bye-Laws and that they were approved by the Board of
Directors or the General Assembly. The Board of Directors may appoint the MLC President, the MLC Secretary General, or an MLC Member or Members of the MLC Board of Directors to represent the MLC in any legal matter.
7.9. The MLC
President is asked to report annually at the ILS Board Meetings about the
activities of MLC, its efforts and progress to achieve its objectives.
Article 8.
Commissions/Working Groups
The appointment/dismissal of the members of commissions or working
groups, their duties, obligations, responsibilities and voting rights shall be
set out in the Bye-Laws.
Article 9. Budgets and Accounts
9.1. The financial
year begins on 1 January and ends on 31 December of the same year.
9.2. The Board of
Directors shall present the audited financial statements and proposed budgets
to the General Assembly by the procedures as set out in the Bye-Laws. The
account auditing procedures are also set out in the Bye-Laws.
Article 10. Arbitration – Rules
of Conduct
Disciplinary measures will be as described in
the ILS Constitution and Bye-laws. The MLC shall conduct its affairs in full compliance with
the World Anti-Doping Agency requirements for lifesaving sport.
Article 11. Political, religious
and racial
Given the nature and the aims of
the MLC, Members are to be discouraged
from raising political, religious and racial matters.
Article 12. Dissolution
In the case of the MLC being dissolved, its assets shall be distributed to the ILS.
