C O N S T I T U T I O N
American Wu Shu Society, Inc.
Constitution accepted by:
AWS Executive Committee
The American Wu Shu Society, Inc. was founded as a Group to develop Chinese martial arts in New York, USA. Master E. Aguirre Wu Shu Master of more than 30 years was appointed the President.
Definitions and Interpretations
The words contained below shall bear the meaning set opposite to them, if not inconsistent with the context:
Associate Members---A member of the AWS having the rights and obligations referred to in these Articles.
Athlete---A sports person.
American Wu Shu Society---The world body organization responsible for all aspects of Chinese martial arts.
Chinese martial arts---Traditional Kung Fu, Contemporary Wu Shu, Taiji, Sanda.
Congress---A meeting of all Full and Associate Members as referred to in these Articles.
Martial Artist---A person that practices any martial art Martial Arts Competition, Any competition in which any martial art is displayed.
Chinese Martial Arts Competition---Any competition in which only the Chinese martial artists can compete.
Executive Committee---Members of the Executive of the AWS referred to in these Articles.
Founding Members---Those people, masters and/or countries present at the inaugural Congress.
Full Member---A member of the AWS having the rights and obligations referred to in these Articles.
Honorary Life Member ---A member of the AWS by virtue of these Articles.
National Associations---A national Martial Arts association afforded membership by virtue of these Articles.
Objects---The Objects of the AWS referred to in these Articles.
Regional Confederations---A group of ten or more Full Members, which are geographically situated and have formed themselves into a Regional Confederation, which is recognized by the AWS.
Regional Championships---A competition opens to all athletes residing within a Regional Confederation.
In this Constitution, unless it is inconsistent with the context: words importing the singular include the plural and vice versa; words denoting any gender shall include both genders; headings are for convenience only and shall not affect Interpretation; and references to any party shall include the party's successors and permitted assigns.
1.1 The name of the incorporated organization shall be American Wu Shu Society.
1.2 The American Wu Shu Society is subject to the law of the country of its incorporation or registration.
1.3 The American Wu Shu Society shall consist of Full Members which control Chinese Martial Arts in their respective countries and which are affiliated to and recognized by the American Wu Shu Society, Associate Members consisting of International Chinese Martial Arts Federations and Honorary Life Members who have rendered meritorious services to the American Wu Shu Society.
2.1 The objects of the American Wu Shu Society are as follows:
2.1.1 to be the international representative organization for Chinese Martial Arts.
2.1.2 to develop and to promote sport training and competition in the Chinese Martial Arts international sporting community.
2.1.3 to develop new training programs and expand existing opportunities for Chinese Martial Artists to participate in Competitions at international standards.
2.1.4 to award, supervise and assist in the coordination of tournaments that will help to promote the Chinese Martial Arts.
2.1.5 to promote the organization and development of Chinese Martial Arts in developing countries.
2.1.6 where the sport is recognized by the American Wu Shu Society, to sanction and where appropriate, to assist in the coordination and supervision of any World Championships and/or Regional Championships and Competitions as the sole international organization with the right to do so.
2.1.7 to liaise with the International Olympic Committee (IOC) and General Association of International Sport Federations (GAISF) in pursuance of these objectives.
2.1.8 to harmonize relations between countries by providing a means whereby ideas affecting Chinese Martial Arts can be exchanged.
2.1.9 to liaise and/or co-operate with, or lobby any relevant government or other organizations on behalf of Chinese Martial Artists participating in competitions.
2.1.10 to coordinate the calendar of international and regional sporting events.
2.1.11 to promote Chinese Martial Arts without discrimination on the ground of religion, politics, economics, sex, race or disability.
2.1.12 to do all things necessary or convenient to achieve or further any of these objectives.
The powers of the American Wu Shu Society includes:
3.1 to regulate and, if necessary, monitor and control the operations of National Associations.
3.2 to provide facilities for settlement of disputes, discipline of misconduct and for breach of this Constitution or any other by-law of this Constitution.
3.3 to control and invest the funds of the American Wu Shu Society in such manner as shall be decided from time to time.
3.4 to borrow, raise or secure the payment of monies and to lend money or give credit to any person or body of persons in such manner as the American Wu Shu Society may decide.
3.5 to purchase, transfer, sell, assign, mortgage, lease, hire or exchange land, equipment, plant, furnishing or any other property whatever, and in any manner authorized by law, to improve, levy and collect annual membership fees and other charges upon or from its members.
3.6 to acquire and hold any estate or interest in any property whatsoever.
3.7 to raise money and acquire such assets necessary to carry out the above and to obtain such permits as may be necessary for that purpose.
3.8 to do all things necessary for or incidental to the pursuit of the Objects.
4. Categories of Membership
There shall be three (3) categories of members: Full Members, Associate Members and Honorary Life Members.
4.1 Full Members
4.1.1 A Full Member shall consist of a national association of Chinese Martial Arts which was either present as a Founding Member at the inaugural Congress or was admitted for full membership by the Congress in accordance with article 5.1.2.
4.1.2 A national association of Chinese Martial Arts may apply for Full Membership if it is:
188.8.131.52 a registered or recognized self-governing organization of Chinese Martial Arts in its country having a president;
184.108.40.206 Certified or is otherwise accepted by the National Olympic Committee in that country or, if there is no such body, the national governing body for sports in that country as the sole or a representative national organization of Chinese Martial Arts in that country; and is
220.127.116.11 Incorporated or has a constitution with appropriate aims, objects and purposes consistent with the intent and spirit of this Constitution.
18.104.22.168.1 Nomination of a national association of Chinese Martial Arts for membership of the American Wu Shu Society:
22.214.171.124 shall be made in writing in the form set out; and
126.96.36.199 shall be lodged with the Executive Director of the American Wu Shu Society.
188.8.131.52 The Executive Director shall, as soon as is practicable after the receipt of a nomination referred to in article 5.1 refer the nomination to the Legal Commission of American Wu Shu Society. The Legal Commission shall, in consultation with the Executive Committee, report to the Congress, which may admit the association in accordance with article 6.
4.2 Associate Members
4.2.1 An Associate Member shall consist of an international Chinese Martial Arts federation responsible for the administration of one sport in pursuance with the objects and principles of relevant IOC recognized international sports bodies with aims, objects and purposes consistent with this Constitution. Athletes shall first become members of a national Chinese Martial Arts federation prior to participating in events organized by international Chinese Martial Arts federations.
4.2.2 Nomination of an international Chinese Martial Arts federation for associate membership of the American Wu Shu Society:
184.108.40.206 shall be made in writing in the form set out, and;
220.127.116.11 shall be lodged with the Executive Director of American Wu Shu Society.
18.104.22.168 The Executive Director shall, as soon as is practicable after the receipt of a nomination referred to in article 5.2 refer the nomination to the Legal Commission of American Wu Shu Society. The Legal Commission shall, in consultation with the Executive Committee, report to the Congress which may admit the association in accordance with article 6.2.
4.3 Honorary Members
4.3.1 Subject to ratification at the next following Congress, Honorary Life Membership may be conferred by the Executive Committee on any member whom the Executive Committee wishes to acknowledge as having rendered meritorious services to American Wu Shu Society
5. Admission to Membership
5.1 The Congress may admit a national association to Full Membership after reviewing the report of the Legal Commission of American Wu Shu Society as to the Legal Commission's degree of satisfaction with the constitution or documents of incorporation, and qualifications of the national association.
5.2 The admission of Associate Members shall be determined by the Legal Commission of American Wu Shu Society. Any such decision shall be submitted for ratification at the next following Congress.
5.3 Any one national association, individual and/or federation on any country may be admitted by the American Wu Shu Society as a Full Member.
5.4 Admission to membership of the American Wu Shu Society will be subject to the payment of the annual membership fee.
6. Rights and Obligations of Members
6.1 Full Members
6.1.1 Full members of the American Wu Shu Society shall have the right, subject to this Constitution, the by-laws and decisions of the American Wu Shu Society to:
22.214.171.124 enter their athletes in any World Championships, American Wu Shu Society sanctioned competitions and official American Wu Shu Society competitions sanctioned by the American Wu Shu Society;
126.96.36.199 vote at meetings of the Congress at which they are present;
188.8.131.52 nominate persons from their national associations for committees of the American Wu Shu Society; and
184.108.40.206 participate in all competitions, events and activities of the American Wu Shu Society.
6.1.2 Full Members shall pay the annual membership fee as levied by American Wu Shu Society by April 1st of the calendar year. It will be a fee of $100.00 per year. Interest will be due and payable at ten per cent for late payments until October. All other levies and fees are payable within 60 days of their imposition.
6.1.3 A Full Member shall only be permitted to exercise its rights pursuant to article 6.1.1 if the annual membership fee and any outstanding levies have been paid and received by the American Wu Shu Society.
6.2 Associate Members
6.2.1 Associate Members shall have neither voting nor nominating rights, but may participate in discussions at the Congress.
6.2.2 Associate Members shall pay the annual membership fee as levied by American Wu Shu Society by April 1st of the calendar year. It will be a fee of $30.00 per year. Interest will be due and payable at ten per cent for late payments until October. All other levies and fees are payable within 60 days of their imposition.
6.3 Obligations of Members
6.3.1 All members shall have the same goals as American Wu Shu Society.
6.3.2 All members shall abide by American Wu Shu Society Anti-Doping and rules in all competitions.
7. Suspension and Termination of Membership
7.1 The membership of Full Members, Associate Members and Honorary Life Members may be suspended or terminated by the Congress on the recommendation of the Executive Committee of the American Wu Shu Society.
7.1.1 A member from any category of membership may be suspended for:
220.127.116.11 breach of the terms of this Constitution and American Wu Shu Society Games regulations;
18.104.22.168 non-payment or non-renewal of the annual membership fee by October 1st of the calendar year or any other levy; or
22.214.171.124 dishonorable conduct or bringing Chinese Martial Arts into disrepute.
7.2 A member under suspension loses all rights and privileges of membership. In particular a suspended member shall not be entitled to attend or vote at the Congress and may not be allowed to enter athletes in any events or activities organized or sanctioned by the American Wu Shu Society.
7.3 The Executive Director may terminate a membership by removing the member from the Register of members on the advice of Congress upon a review by the Executive Committee.
7.4. A suspended member may be re-admitted when the reason(s) for suspension has been resolved satisfactorily, by applying for re-admission to the Executive Committee.
8. Resignation of Membership
8.1 A Full Member or Associate Member may resign [upon payment of all monies owing to American Wu Shu Society] from the American Wu Shu Society for reason of:
8.1.1 the Full Member is no longer recognized by their national government or the National Olympic Committee as a national body with responsibility for Chinese Martial Arts;
8.1.2 the Associate Member is no longer accepted by its members as an international body with responsibility for the sport it represents, and
8.1.3 any other reason a Member deems appropriate.
8.2 The resignation must be made in writing to the Executive Director giving at least three months' notice, or such shorter notice as the Executive Director may determine.
8.3 The Executive Director may remove the member from the Register of Members on the advice of the Executive Committee upon a resignation under this article.
9. Structure and Responsibilities of the American Wu Shu Society
9.1 The American Wu Shu Society shall consist of the Congress, Extraordinary Congress and Executive Committee.
9.2.1 The Congress is a meeting of all Full Members and shall be called at least every two years.
9.2.2 The Congress shall be held within one week prior to the commencement of the summer or winter program of the American Wu Shu Society Games.
126.96.36.199 A Congress shall have a quorum when at least fifty percent of Full Members are present.
188.8.131.52 There shall be at least 50% representation from no less than two Regional Confederations before the Congress can proceed.
184.108.40.206 In event of lack of quorum, the Congress shall proceed without voting on proposals.
9.2.4 Full Members shall have two votes and may be represented by a maximum of two delegates.
9.2.5 Associate members may be represented by two persons who are not entitled to vote or to nominate, and may participate in discussions at the Congress.
9.2.6 Every effort shall be made by Members to include Chinese Martial Artists fluent in international languages in their delegations.
9.2.7 The responsibilities and powers of Congress include:
220.127.116.11 to act as the supreme governing body of the American Wu Shu Society;
18.104.22.168 to determine the direction for the development of Chinese Martial Arts at international standards;
22.214.171.124 to elect the Executive Committee of the American Wu Shu Society, with the exception of the Regional Representatives;
126.96.36.199 to consider and approve the annual financial statements of the American Wu Shu Society;
188.8.131.52 to consider and approve the rules of procedure for the election of the office bearers;
184.108.40.206 to consider motions from Full Members, the Executive Committee and any other Committees of American Wu Shu Society. Such motions shall:
220.127.116.11.1 be submitted in writing to the Secretariat of the American Wu Shu Society not less than four months (unless waived by the Executive Committee in its absolute discretion) before the month in which Congress is due to meet and
18.104.22.168.2 except for amendments to the Constitution be decided by a simple majority of Full Members present and voting.
22.214.171.124 to approve the international Chinese Martial Arts calendar as proposed by the Executive Committee;
126.96.36.199 to appoint a chartered and practicing accountant;
188.8.131.52 to consider and approve the annual membership fee;
184.108.40.206 to approve any change in the country of location of American Wu Shu Society headquarters; and
220.127.116.11 to exercise any other incidental powers necessary for the Congress to carry out its responsibilities pursuant to this Constitution.
9.3 Extraordinary Congress of the American Wu Shu Society
9.3.1 The Extraordinary Congress of the American Wu Shu Society of all Full Members is requisitioned either by the President of the American Wu Shu Society or upon request of at least one-third of Full Members from at least two Regional Confederations.
9.3.2 A requisition for an Extraordinary Congress shall:
18.104.22.168 state the reasons for the requisition;
22.214.171.124 state the date of the proposed Extraordinary Congress (which must be within three (3) months after the date on which the requisition is set);
126.96.36.199 be signed by the President of the American Wu Shu Society or all of the Full Members making the request for the Extraordinary Congress, as the case requires; and
188.8.131.52 be sent by the Executive Director to the address of each Member not less than 2 months before the date of the proposed Extraordinary Congress.
9.4 Executive Committee of the American Wu Shu Society
9.4.1 The Executive Committee of the American Wu Shu Society shall consist of the following office bearers:
184.108.40.206 one President;
220.127.116.11 one Vice-President;
18.104.22.168 one Sport Director;
22.214.171.124 three members-at-large; and
126.96.36.199 the President or his appointee from each Regional Confederation in a non-voting capacity.
9.4.2 All members of the Executive Committee must be a person fluent in international languages.
9.4.3 The Executive Committee shall consist of persons who are members of the National Association of their country of residence admitted to Full Membership by virtue of this Constitution.
9.4.4 Only one member per National Association shall be elected to the Executive Committee.
9.4.5 Elected members of the Executive Committee may not serve as officers of Regional Confederations and vice versa.
9.4.6 The members of the Executive Committee shall be elected for a term of four (4) years commencing at the Congress held prior to the summer program of the American Wu Shu Society Games.
9.4.7 The Executive Committee shall hold at least one meeting per year.
9.4.8 The Executive Committee shall have the following responsibilities and powers:
188.8.131.52 to implement policies as agreed upon by the Congress;
184.108.40.206 to consider and make recommendations on all motions, proposals and amendments submitted to the Congress;
220.127.116.11 to formulate and approve rules of procedure and by-laws in accordance with the Constitution;
18.104.22.168 to forward to all Members details (including the date and venue) of the next following Congress not less than six (6) months prior to the date of the proposed Congress;
22.214.171.124 to determine and dispatch to all Members the agenda with all materials for the Congress not later than two (2) months prior to the date of the proposed Congress;
126.96.36.199 to approve the calendar of international and regional sporting events for submission to the Congress;
188.8.131.52 to apprise the President of the American Wu Shu Society when liaising with other international sports organizations, as well as other bodies as may be necessary to achieve or further any Objects of the American Wu Shu Society;
184.108.40.206 to make payment to persons who are engaged by the Executive Committee to perform tasks at its direction;
220.127.116.11 to establish such ad hoc committees as it may deem necessary for the carrying out of its duties; and
18.104.22.168 to exercise any other incidental powers necessary for the Executive Committee to carry out its responsibilities pursuant to this Constitution.
22.214.171.124 to fill any vacancies until the next Congress.
9.5 Management Team of the American Wu Shu Society
9.5.1 The Management Team of the American Wu Shu Society shall consist of the following office bearers:
126.96.36.199 Sports Director;
9.5.2 The Management Team shall hold at least two meetings per year.
9.5.3 The Management Team shall have the following responsibilities and powers:
188.8.131.52 to approve the number and conditions of employment of the Secretariat; and
184.108.40.206 to exercise any other incidental powers necessary for the Management Team to carry out its responsibilities pursuant to this Constitution.
10.1.1 Resolutions involving the termination of membership under article 7 or an amendment to this Constitution shall require a seventy five percent majority of votes of Members present and voting at the Congress or Extraordinary Congress.
10.1.2 All other resolutions, including the admission of national associations and the amendment of rules and regulations shall be determined by a simple majority of votes of Members present and voting at the Congress or Extraordinary Congress.
10.1.3 Voting by proxy shall not be permitted.
10.1.4 The procedures for voting and elections shall be prescribed in the by-laws.
11.1 The Executive Committee may establish any of the following Commissions which shall be responsible to the Congress:
11.1.1 Athletes Commission
11.1.2 Appeals Commission
11.1.3 Athletes treatment Commission
11.1.4 American Wu Shu Society Order Commission
11.1.5 Legal Commission
11.1.6 Finance and Sponsorship Commission
11.1.7 Anti-Doping Commission
11.1.8 Regional Confederations Commission
11.1.9 Technical Commission
11.1.10 Recognition Commission
11.1.10 Such additional commissions as the Executive Committee may deem necessary
11.2 The Executive Committee shall have the right to appoint members for any Commission.
11.3 The majority of the Commission members shall be Chinese Martial Artists.
11.4 Copies of all minutes of meetings and records shall be forwarded to the Executive Director as soon as is practicable.
11.5 Each Commission shall at the completion of every calendar year furnish to the Executive Committee a report detailing the year's activities.
12.1 The funds of the American Wu Shu Society consist of:
12.1.1 annual membership fees of Members and any levies; and
12.1.2 such contributions, donations, sponsorships, government grants and other income as may be received for use by or in connection with the American Wu Shu Society.
12.2 Subject to any resolution of the Congress, the Funds are to be used in pursuance of the Objects of the American Wu Shu Society in such manner as the Executive Committee determines.
12.3 No portion of the Funds are to be distributed directly or indirectly to any member except as a bona fide compensation for services rendered or expenses incurred on behalf of the American Wu Shu Society.
12.4 Financial Statements
12.4.1 The Fiscal year of the American Wu Shu Society shall be from 1 July to 31 June.
12.4.2 At the close of each calendar year the American Wu Shu Society Executive Director shall submit statements of income and expenditure and assets and liabilities of the American Wu Shu Society. Such statements shall be presented to each Congress for adoption, after being audited by a chartered accountant qualified in audits.
13.1 English shall be the official language of the American Wu Shu Society.
13.2 Each Member is responsible for its own translations to/from English.
13.3 American Wu Shu Society publications shall be printed in English.
13.4 As deemed necessary, American Wu Shu Society shall provide for the Congress simultaneous translation in spoken English.
13.5 In the event of any differences in the interpretation of any text, the English version shall prevail.
14. Dispute Resolution
If any dispute arises concerning the construction of this Constitution or any matter arising from it and any disciplinary matters, then such dispute will solely and exclusively be resolved by the Congress. The decision of the Congress will be final and binding on the parties and it is agreed that neither party will institute or maintain proceedings in any court or tribunal beyond the Congress.
15.1 The American Wu Shu Society shall be dissolved in the event of the number of Full Members falling below 25 from at least 3 Regional Confederations or upon the vote of seventy five percent of the majority of Full Members present and entitled to vote at an Extraordinary Congress convened for that purpose and of which notice incorporating this proposed dissolution is given in accordance with this Constitution.
15.2 Upon dissolution, the assets and all profits, if any, after payment of all expenses and liabilities shall be conveyed to any other organization having similar objects, such choice to be decided upon the vote of a simple majority of the members at the Extraordinary Congress.
16. By-Laws, Rules, and Regulations
American Wu Shu Society may from time to time make by-laws, rules and regulations for the conduct of the American Wu Shu Society. The by-laws shall be set out in an appendix to this Constitution.
17. Liabilities of Full Members
The liability of a Full Member to contribute towards the payment of debts and liabilities of the association or the costs, charges and expenses of the winding up of the American Wu Shu Society is limited to the amount, if any, unpaid by the Full Member in respect of membership of the American Wu Shu Society as required by article 6.1.2
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