Translation of the official Dutch statutes of the TCFE
by Carolyn Cearley, corrected by all founders and signed as correct.
ESTABLISHMENT OF ORGANIZATION
Today, June tenth, nineteen hundred ninety eight, attended by myself, Mr. GEORG HENRICUS DENNINGER, notary public in the city of Hilversum, The Netherlands:
All parties present declare by this proclamation the wish to establish an organization and thereby declare the following statutes:
NAME, SEAT, DURATION AND OFFICIAL LANGUAGE
- The Organization uses the name “TAIJIQUAN (Tai Chi Chuan) AND QI GONG FEDERATION FOR EUROPE” also named in an abbreviated form as “TCFE”. Within these statutes also known as the Organization. The term Taijiquan includes all other manners of spelling for the same art such as Tai Chi Chuan and T’ai Chi Ch’uan. The term Qi Gong includes all other manners of spelling for the same art such as Ch’i Kung.
- The statutory location of the Organization is Utrecht, however administration can take place elsewhere.
- The Organization will continue for an indefinite period of time.
- An organizational year coincides with the calendar year.
- The official languages of the Organization are English and French.
- In cases of interpretation of official text, the English version will be the decisive one.
- The Organization has the following goal:
- The organization, representation, co-ordination and advancement of Taijiquan, Qi Gong and other Chinese internal arts at a national and specifically at a European level and from there to create further relevant intercontinental connections.
- To preserve and defend the diversity of different styles and traditions within Taijiquan, Qi Gong and other Chinese internal arts in Europe.
- The advancement of development of all aspects of Taijiquan, Qi Gong and other Chinese internal arts, including health, meditative, ethical, philosophical, martial, and sportive aspects as well as general well-being.
- The Organization attempts to reach this goal by means of:
- The organization of international events regarding Taijiquan and other Chinese internal arts, such as festivals, demonstrations etc, and the exchange of information about these and other major events organized by other groups, with Taijiquan practicians and other interested parties.
- The negotiation with other European and international organizations and governments in order to promote the perspective of Taijiquan, Qi Gong and other Chinese internal arts with regard to relevant laws or regulations.
- The establishment of a forum in which teachers and practicians of Taijiquan, Qi Gong and other Chinese internal arts in Europe can exchange ideas and as necessary, can reach a consensus for topics of particular interest.
- The introduction of rules for Taijiquan, Qi Gong and other Chinese internal arts competitions.
- The discussion of European recognition of qualifications in Taijiquan, Qi Gong and other Chinese internal arts.
MEMBERS AND DONORS
- The membership to the Organization is open to European legally empowered organizations which are active in the field of Taijiquan, Qi Gong and other Internal arts of Chinese origins such as Pa Kua (Ba Gua), Hsing I (Xing Yi) and other martial arts and exercise methods, and the agreements formally established by those European countries, as defined by the United Nations.
- The general meeting can by means of a simple majority vote admit to membership responsible organizations residing outside of Europe, who also meet the criteria stated in paragraph 1 of this article.
- The organization recognizes regular members and aspiring members. Regular members can represent more than one group of associates from the given country. These members have the right to propose candidates who can be elected to the Executive Committee and can vote in the general meetings. Aspiring members are not given the right to be elected to the Executive Committee nor are they able to vote in the general meetings. The Executive Committee has the final decision as to which organizations may be admitted as members and whether the membership will be that of a regular or aspiring member.
- The Executive Committee shall maintain a register in which the names and addresses of all regular and aspiring member are recorded.
- Donors are those who are committed to the Organization by means of paying a yearly donation and as such may be admitted by the Executive Committee.
- The members are required:
- To abide by the statutes and regulations, as well as the decisions from the Executive Committee or the general meetings.
- Not to damage the interest of the organization.
- To advance and abide by the other requirements which have been proclaimed by the Organization on behalf of the concerns of the members, or those, which have come forth from the members of the Organization.
- In addition to these requirements stated in the statutes, the Organization may impose requirements only after prior agreement from the general meeting.
- In general penalty may be imposed for such actions or neglects which conflict with the statutes, requirements and/or decisions from the Organization, or in situations in which the interests of the Organization are harmed.
- Executive committee has the capability, in situations of transgressions as indicated in the first paragraph, to impose the following sanctions:
- Suspension may be imposed for a maximum duration of twelve months. During the period of suspension, the suspended member may not exercise the rights associated with membership.
- Expulsion may only be imposed when the member has seriously transgressed the statutes, rules and/or decisions established by the Organization, or if the Organization has been unreasonably harmed as well as neglecting to settle payment of contribution after being requested. After the executive committee has reached the decision to expel the member, the given member will be promptly contacted in writing as to the decision with an explanation of cause.
The finances of the organization consist of:
- Membership contribution.
- Receipts from events.
- Donations and gifts.
- Other sources.
The members are obligated to pay a yearly contribution, the amount of which will be determined by the general meeting, bearing in mind that aspiring members may be required to pay a lesser contribution than regular members. In cases of the yearly contribution not being paid in full within sixty days of acquiring membership, the executive committee may suspend that member.
The membership terminates:
- By disbanding the legally empowered organization of which one is a member.
- By notice being given by the member, which is to be served in writing to the Executive Committee.
- By notice being given by the Organization, which is to be served by the Executive Committee.
- By expulsion as stated in article 5 paragraph 4.
Donors have no other rights and requirements than those recognized or imposed by the power of the statutes or standing orders and procedures.
- The Executive Committee consists of at least three and at maximum ten adults. The number of Executive Committee members will be determined by the general meeting. The Committee Members will be selected by the general meeting from the candidate proposed by the regular members. One person and no more may represent a given country.
- Each Executive Committee Member serves a maximum term of three years after his election in accordance to a schedule created by the Executive Committee.
- A general meeting can suspend or terminate an Executive Committee Member if the situation demands it. In order to reach such a decision, a two-thirds majority vote is required. A suspension, which is not followed within three months by a decision for termination, ends with the completion of serving the term.
- The Executive Committee Membership may terminate as follows:
- By death of the member.
- Due to the fact the individual who rose from the ranks of the executive committee decides to no longer be a member of the Organization.
- By resignation of the member.
- By expulsion.
DECISION MAKING POLICY BY THE EXECUTIVE COMMITTEE
A statement from the chairperson that the Executive Committee has reached a decision is definitive.
The secretary shall record minutes of the proceedings of each meeting and Executive Committee members present, and during the next executive committee meeting be presented for approval and acceptance by the Executive Committee members.
In order to obtain a binding decision from the Executive Committee, a quorum of half plus one of all functioning and not expelled members is required.
In meetings all Executive Committee members have one and only one vote. A proxy who is specified in writing can carry out the vote. It is also possible to place the vote in writing or by fax. For so far as the statutes do not state otherwise, decisions will be made by a simple majority of votes placed.
The Executive Committee has the duty of management of the Organization. All committee members collectively as well as two jointly acting committee members are authorized to represent the Organization in legal and contractual negotiations. If the number of committee members falls below three, the Executive Committee shall maintain its power. It is mandatory that a general meeting be summoned so quickly as possible in order to restore the committee to its required number of members. The Executive Committee is authorized to delegate specific aspects of its duties to committees, which shall be appointed by the Executive Committee. In lending money, as well as purchasing, alienate, encumberments, renting out or renting real estate, for agreements in which the Organization offers itself as collateral or takes financial responsibility, which empower a third party or assumes responsibility of debts for third parties, the Executive Committee requires approval from a General Meeting.
- The Executive Committee is required to maintain a record of the financial status of the Organization from which all her assets and obligations can be viewed.
- The Executive Committee shall present its annual report at a general meeting within six months after the end of the organizational year, and render an account, by means of an explanation of the balance and a statement of credit and debits, over their management in the previous book year.
- The general meeting shall select annually, at least thirty days before the annual general meeting, a finance committee consisting of two members who may not be members of the executive committee.
- The members of the finance committee shall serve their term according to the schedule and are only able to be re-elected for one contiguous term.
- The finance committee checks the accounts and is responsible for the management and presents the general meeting with a report of its findings. Approval by the general meeting of the annual report and of the treasurerÕs accounts shall notify to the Executive Committee. The Executive Committee is required to save the records, indicated in the second and third paragraph, for ten years.
A general meeting shall be held annually, maximally six months following the end of the organizational year. The agenda of this meeting will contain among the following:
- Minutes of the previous general meeting.
- Annual report from the secretary.
- Annual report from the treasurer.
- Report from Finance Committee.
- Determination of the budget.
- Determination of the contribution and minimum amount from donors.
- Selection of Executive Committee member.
- Selection of members of the Finance Committee.
In addition to the annual meeting as indicated in paragraph 1, general meetings may be held whenever the Executive Committee deems fit. Upon receiving a request as indicated in paragraph 3 of this article, the Executive Committee is required to call a general meeting within four weeks. Where the request for calling a general meeting has elicited no response within fourteen days of the request being received by the Executive Committee, those making the request may themselves call together a general meeting in the same manner as the Executive Committee does.
ADMITTANCE AND DECISION POLICY IN GENERAL MEETING
All members may attend the general meeting. Each country may cast one vote in the general meeting through the representation of the regular members. If more than one organization per country is represented, then these organizations will split that country’s one vote. In the case of difference in meaning over the casting of this vote, the Executive Committee will appoint a referee committee consisting of at least three regular members from countries not involved in the conflict. A decision reached by the referee committee is binding for all parties.
Voting over issues shall be verbally, over persons shall be in writing. In order to reach a binding decision in a General Meeting, a quorum of three regular members is required. All proposals will be, if the statutes do not state otherwise, decided upon by a simple majority of those votes placed.
The general meeting will be lead by the chair of the Executive Committee. In his or her absence, one of the other Executive Committee members will chair the meeting. The secretary or another member of the Executive Committee appointed by the chair will record minutes of the meeting.
The Executive Committee shall name persons to form a Technical Committee, which if necessary can provide advice on technical, educational and other areas concerning the practice of Taijiquan, Qi Gong and other Chinese internal arts. The Technical Committee shall likewise provide advice regarding the organization and regulation of Taijiquan and other internal martial arts competitions.
AMENDMENT OF STATUTES
The modification of statutes may only be made by a decision of the general meeting, whereby a meeting is called with the announcement that amendment of the statutes will be proposed. The call for such a meeting must take place at least thirty days before the scheduled meeting. Those, who have called for a general meeting in order to discuss the amendment of the statutes, must submit a copy of the proposed amendment(s) at least thirty days in advance of the date of the meeting, so that all members are informed. The decision to amend the statutes may only be made by a general meeting in which at least two-thirds of the total number of regular member or their representative (substitutes) are in attendance, with a majority of at least two-thirds of votes placed. In case of not being able to comply with the required quorum stated in paragraph 3 of this article, an amendment can be decided upon in the following meeting held at least thirty and no more than sixty days after the first scheduled meeting, regardless the number of those members or representatives present at the meeting, with a majority of two-thirds of the number of votes.
That which in Article 18 was determined is not applicable if during the general meeting all present members or representatives and the decision to amend the statutes was reached with a general vote.
Any amendment of the statutes will not be effective until after a notary proclamation is drawn up. The Executive Committee is obliged to present an official original of the amendments and of the amended statutes to the Chamber of Trade and Commerce in the region where the organization is established.
DISBANDING AND SETTLEMENT
According to the provisions of article 50 from Book 2 of the Dutch Civil Code, the organization may be disbanded by decision of a general meeting called for that purpose with at least two-thirds of the total valid votes and where at least three-fourths of the regular membership is present or represented. If the quorum in paragraph 1 of this article is not reached, a decision to disband can be made in a meeting held within thirty days to sixty day following the previous one, regardless of the number of present or represented members with a majority of two-third of total votes placed. With the announcement of the meeting indicated in paragraph 1 and 2 of this article, it is necessary to state that during the meeting a motion will be made to disband the organization. The announcement for this meeting must be made at least thirty days before date of meeting. In the case that a decision to disband is reached with appearance of no indicated liabilities, settlement takes place by the Executive Committee. An eventual credit balance will be appropriated by a general meeting for purposes, which are compatible with the goals of the Organization. After disbanding, the Organization will remain in existence as long as necessary until settlement of assets is reached. During the settlement the statutes and rules will remain valid in as much as possible. In correspondence and documents originating from the Organization, the words “in liquidation” must be added to its name.
STANDING ORDERS AND PROCEDURES
- A general meeting may make Standing Orders and Procedures.
- Amendment of Standing Orders and Procedures may occur by decision of the general meeting.
- Standing Orders and Procedures may not be in conflict with the law nor with these statutes.
In all cases, in which the law as well as these statutes including the Standing Orders and Procedures were not foreseen will be decided upon by the Executive Committee. After announcing the statutes of the organization, the parties present declare who will initially be members of the Executive Committee. The parties present are myself, notary public, recognized and the identity of those parties associated by this proclamation is from myself, notary public, according to the hereby stated and to that end intended documents declared.
in Original Drawn Up, has taken place in Hilversum on the date stated in the beginning of this proclamation. Following succinct statement to the parties present regarding the contents of this proclamation, they have unanimously proclaimed to be familiar with the contents of this proclamation and upon thorough reading thereof have no objections. Thereupon this proclamation after a brief reading was signed by all parties present and myself, notary public.
sign as correct (original Dutch version)
Epi van de Pol