COMPANY STATUTES
GOLF CLUB LUBY
Article I.
Basic provisions and name of the club
- Golf Club Luby z.s. /hereinafter referred to as GC LUBY/ is a voluntary association of citizens pursuant to Act 89/2012 Coll. on the Association of Citizens.
- The activities of GC LUBY are governed by these Statutes.
- The name of the association is Golf Club Luby z.s. ("association", "registered association")
Article II.
Headquarters
- The headquarters of GC LUBY z.s. is in Luby u Chebu.
- Address of the headquarters of the association: GC LUBY z.s., Horní Luby 25, 351 34 Luby p.Skalná
Article III.
Objective of activity
- The purpose of GC LUBY is to create conditions for its members to practice competitive and recreational golf and related social and cultural activities.
- GC LUBY will carry out these activities at the golf course in Luby. The conditions are regulated by the contract between GC LUBY and the owner or operator of the course.
- To achieve its objectives, GC LUBY may join other clubs, chambers or associations, such as the Czech Association of Physical Education, the Czech Golf Federation and others.
Article IV.
Organizations
The organs of GC LUBY are:
- the general assembly
- club committee - presidium
- club president - statutory body
- club secretary
- control committee
- decision-making committee
Article V.
General Assembly
- A general meeting shall be called by the Club Committee at least once a year, and at least 10 days' notice shall be given to members.
- The AGM shall be composed of all members of the club.
- Only members who have paid their joining and other fees in full before the meeting shall have a casting vote. Other members have an advisory vote.
- The General Assembly shall decide on the following matters:
- changes to the Constitution
- approval of the budget and accounts in accordance with Article 12(1) of these Statutes
- determination of the main lines of action
- election of the President who is a member of the Committee
- approving the remuneration for the performance of its duties
- A supermajority of members present with a casting vote is required for a resolution to be valid. Voting shall be by public acclamation. An affirmative vote of the course owner is required to amend the Bylaws.
Article VI.
Election
- The executive body of the GC LUBY shall be a three-member Committee (Presidium), two members of which shall be appointed and removed by the Course Owner, and one member of the Committee shall be elected by the Elective General Assembly, which shall be held once every 5 years. The term of office of the Committee members appointed by the course owner shall expire upon their removal by the course owner, the term of office of an elected Committee member shall expire upon the election of a new Committee member at the Elective General Meeting.
- The Committee (Bureau) shall make final decisions on all matters not reserved to the Membership Meeting, in particular:
- Sets the amount of initiation fees, membership transfer fees, annual membership dues, and the amount of fees for reminding members of non-payment.
- Organizes sports, social and cultural activities and handles all operational matters of GC LUBY z.s.
- Provides for the preparation and implementation of the budget, bookkeeping according to Article XII, paragraph 1,
- Enters into a contract on behalf of the club with the owner or operator of the golf course according to Article III, paragraph 2 of these Statutes.
- Resolves, according to the principles of common sense, disputes between members and offences of members arising in connection with membership of the club. Disciplinary measures shall include warnings, reprimands and expulsion from the Club.
- Admits new members, rejection need not be justified. Only those who agree to the By-Laws of GC LUBY z.s. may become a member of GC LUBY z.s.
- About the dissolution of the club and carries out the related property settlement.
- Approve the operating rules of the course.
- Grants honorary membership.
- Negotiates with legal entities the terms of their membership.
- Maintains a record of members who repeatedly commit violations of their duties as members and infractions against golf etiquette and the Rules. It shall be entitled to publish such a list under the conditions laid down by law.
- Meetings of the Committee (Bureau) shall be convened by the Secretary at least once a quarter. The consent of two members of the Committee is required for the resolution to be valid. Minutes of the proceedings of the Committee, in particular of its resolutions, shall be taken by the Secretary and approved at the next meeting of the Committee. The Club Committee shall be entitled to decide, in justified cases, to reduce the fees from those announced for the period in question in accordance with the procedure laid down in Article VI, paragraph 2, letter a) of the Constitution.
Article VII. President
The President of the Club shall be the statutory body of the Association. The president of GC LUBY z.s. shall be elected by the general meeting. The President shall represent GC LUBY z.s. externally and shall perform legal acts on behalf of the Club in accordance with the resolutions of the General Assembly and the Committee. The President shall preside over the proceedings of the General Assembly and the Committee. In his absence, the Secretary shall preside over the General Assembly.
Article VIII.
Secretary
The Secretary shall be elected by the Committee. The Secretary shall handle the business of the Club in accordance with the resolutions of the General
Meeting and the Committee. Conceptually, the Secretary of the Club shall be identical to the STK of the Club. His remuneration for the performance of his duties shall be approved by the General Assembly of the Club.
Article IX.
Members
- A member of the Club shall have the right to attend membership meetings, to vote and to be elected to Club bodies. He/she shall also have the right to use the playing field, clubhouse and other facilities of the club, and to participate in sporting and social events of the club.
- The member of the club is obliged to observe the rules of golf and etiquette, not to damage GC LUBY by his/her actions, to follow the statutes of GC LUBY and to observe the operating rules of the course. He/she shall furthermore be obliged to save and protect the property of the club, the course and its equipment and to require the same from other users. A member of the Club shall pay membership dues and reminder fees in the amount and due date set by the Club Committee pursuant to Article VI, Paragraph 2(a) of the Bylaws. A member who ceases to be a member during the year shall be subject to the terms and conditions of Article IX, paragraph 7 or paragraph 8, depending on the date on which his membership ceased in relation to the due date for payment of dues. The member shall monitor the Club's website, in particular the Club's committee information on the amount and due date of membership fees for each calendar year.
- Honorary members have the same rights and obligations as other members, but do not pay annual dues.
- Termination of a member's membership occurs:
- by a member's written notice of termination of membership delivered to the Club Committee in paper form,
- by expulsion of a member pursuant to Article VI, paragraph 2(e) of the By-Laws
- A member who has resigned from GC LUBY or has been expelled shall have no property or other claims or rights against GC LUBY.
- Membership is a personal asset and cannot be the subject of inheritance, transfer or assignment of membership to another person.
- In the event that the Club Committee, in accordance with Article VI (2) (a) of the By-Laws, sets an annual membership fee that is higher than the previous year's membership fee, the member shall be entitled to object to the increase in the annual membership fee prior to the due date of the annual membership fee by giving notice of termination of his/her membership at the end of the calendar year for which the annual membership fee was set. In such a case, the member shall be obliged to pay the membership fee at the same rate as in the preceding year, with the proviso that his membership shall expire on 31 December of that year. The Committee shall ensure that such member's membership is terminated on 31 December. Notice of termination of membership as provided for in the preceding text may not be withdrawn.
- A member who terminates membership after the announcement of the annual membership fee shall be required to pay the annual membership fee in full.
- The annual membership fee shall always be due on 14 February of the calendar year. The Club Committee may set the due date differently. In the event of late payment, the Committee shall proceed in accordance with Article VI, paragraph 2, letter a) of the Statutes and in accordance with the applicable law of the Czech Republic. Interest on late payment shall be set at the CNB repo rate plus 7 percentage points for the period from the due date of the membership fee until payment. In matters not regulated by these Statutes, the relations between GC LUBY and its members shall be governed by the Civil Code. With respect to persons who are or have been members of GC LUBY and are in default in the payment of their due obligations to the Club, the Club shall be entitled to take measures leading to the blocking of the debtor's ability to play the HCP adjustment for the duration of the debt.
- Any member who is a member of GC LUBY as at 1 January in any year shall, subject to clauses 7 to 9 of this article, be liable to pay the membership fee for that year regardless of when they ceased to be a member of GC LUBY.
Article X.
Auditors of Accounts - Audit Committee
The General Assembly of GC LUBY z.s. shall elect two Auditors of Accounts and one alternate for one annual term. The auditors of accounts shall review the annual accounts and submit a written report on the audit to the members' meeting.
Article XI. Arbitration Committee
- The Arbitration Committee shall be an independent body of the Society to decide disputed matters belonging to the self-government of the Society .
- The Arbitration Commission decides in particular disputes between members and the Society concerning the payment of membership fees, disputes between members of the Society arising from contracts. The Arbitration Commission also reviews decisions to expel a member from the Society.
- The Arbitration Commission shall have at least three members. The General Assembly may, when electing the Arbitration Commission, determine that the number of members shall be more than 3, but it shall not be a number divisible by 2. Only a person of good character and full legal capacity who is not serving as a member of the Committee or the Control Commission may be a member of the Arbitration Commission.
- The term of office of a member of the Arbitration Commission shall be four years.
- The Adjudication Committee shall elect a chairperson by vote from among its members.
- A member of the Arbitration Committee shall be excluded from the work of the Arbitration Committee if the circumstances of the case prevent or could prevent him/her from making an unbiased decision.
- The Arbitration Committee of the Society must decide on the merits of the case within 9 months at the latest.
- Proceedings before the Arbitration Committee are initiated on the date on which the action is delivered to the address of the registered office of the Society. The Arbitration Commission may only hear and decide the matter in the presence of all its members.
- Proceedings before the Arbitration Commission are governed by Sections 40e - 40k of Act No. 216/1994 Coll., the Arbitration Act.
Article XII.
Management
- The assets of the GC LUBA shall consist primarily of initiation and annual dues of members and donations. These revenues shall be used in particular to pay the club's obligations under the contract with the owner or operator of the course pursuant to Article III, paragraph 2 and Article VI, paragraph 2, letter d), for sporting, social and cultural activities, for the payment of dues by virtue of GC LUBY's membership in other clubs, chambers or associations pursuant to Article III, paragraph 3 and for the payment of the activities of the committee.
- The Secretary is responsible for the management of the property and the keeping of accounts in accordance with the regulations in force.
These Statutes of the Golf Club Luby z.s. were approved at the meeting of the General Assembly on 25 April 2015.