STATUTES AND ARTICLES

Article 1 - General

1.1 NAME :

An association called the ASIAN MOTORCYCLE UNION (herein after referred to as UAM its official acronym) has been founded by those approving these statutes.

1.2 HEADQUARTERS:

The legal headquarters and executive secretariat of the UAM shall be located at a chosen place by General Assembly. General Assembly has the supreme authority to changing its location when necessary.

1.3 DURATION:

The duration of the UAM shall be unlimited.

1.4 AIM :

The aims of the UAM shall be to develop and promote all forms of motorcycling in Asia as well as the cooperation and friendship between its members, and notably:

  • To examine all questions related to the development of motorcycling in ASIA.
  • To organise Asian Championship and help establish all competitions that appear beneficial.
  • To organise camps and seminars for riders, officials, coaches and administrators of various federations.
  • To help the creation and development of motorcycling activities in all Asian Countries.
  • To encourage the use of motorcycle in Asian countries and to develop motorcycling tourism.
  • To represent the interest of motorcyclist before Asian and notably before the management Council of Asian Motorcycling Union.
  • To promote in the media the sports of motorcycling and the use of motorcycles in all of Asia.
  • To advance the goals, objectives and strategic development of FIM.

1.5 LEGAL STATUS :

The UAM shall be declared a non-profit Asian association, a constituent of the FIM. The UAM shall allow no political, religious or racial discrimination.

Article 2 - Composition and Admission Procedures

MEMBERS :

Full members :

The UAM is composed of FIM-affiliated members in the Asian continent. All federations in the UAM, who are members, must comply with these statutes.

2.1.2 Associate and honorary members :

The UAM may also recognize associate members without voting rights that can be either federations recognized by their government or organizations with direct link to motorcycle manufacturers of the sport as well as honorary members.

2.2 ADMISSION OF NEW MEMBERS

Any country wishing to become an UAM member must send a written application indicating that it undertakes to pay its annual dues and justifying its membership to the FIM subject to its first being accepted as a member of the FIM.

Admission shall be pronounced at the General Assembly, upon the proposal of the Management Council.

The same procedure applies to associate members except for the clause concerning FIM membership.

2.3 LOST OF MEMBERSHIP

The membership is lost either by resignation, addressed to the UAM by registered post at least 60 days prior to the date of the next General Assembly; or by expulsion. Expulsion is automatic when the member looses its FIM membership, or when it neglects to pay its dues in two consecutive years.

Or a UAM member may also be expelled by the General Assembly upon the proposal of the Management Council for any serious reason or neglect of paying dues, after the member concerned has been heard and has presented its defense.

2.4 REPRESENTATION OF MEMBERS :

Each member of the UAM shall be represented at the General Assembly.

2.5 OFFICIAL LANGUAGE

The official language of the UAM is English. All Documents and publications must be published in English.

Article 3 - Bodies of the UAM

3.1 UAM BODIES

The UAM bodies are the following:

  • The General Assembly
  • The Management Council
  • The Commissions
  • The Auditors
  • The Disciplinary Bodies

3.2 GENERAL ASSEMBLY

3.2.1 Composition

The General Assembly shall consist of one representative of each member country.

3.2.2 Powers

Upon proposal of the Management Council, the General Assembly:

  • Defines the general policies of the UAM
  • Approves the annual report presented by the Management Council
  • Determines the sums of dues and different fees
  • Approves the accounts of the previous year
  • Fixes the budget for the following year
  • Approves proposal made by the Management Council, Commissions and Members
  • Elects the President
  • Elects the members of the Management Council
  • Elect Auditors
  • Creates and dissolves all UAM agencies
  • Pronounces itself on all matters related to the goals of the association and not dealt with by another authority
  • Accept the proposals of management council for the admission of new members
  • Endorses the proposals of the Management Council for the admission of new members.

3.2.3 Meetings

General Assembly shall meet minimum once a year at a chosen date. But over 2/3 of members accept, extraordinary meeting of General Assembly will take place at any time.

The venue for the General Assembly and the date will be decided at previous General Assembly.

If there is no candidate, country where UAM secretariat located will be the venue.

3.3 VOTING RIGHTS

Each country member is entitled to one vote only. These votes will be expressed by members or representative.

Voting by mail and by proxy is forbidden

3.3.1 Convening notice and quorum

The General Assembly shall convened by notice of its President sent out at least thirty days before the date of the General Assembly.

A General Assembly shall be convened upon the written request of at least a third of the Full member countries.

All useful documents must be enclosed with the convening notice.

The convening notice must indicate the place, date and time of the General Assembly as well as the agenda drawn up by the Management Council.

The General Assembly can only convene if not less than 1/3 of its members are present.

3.3.2 Agenda

The agenda shall at least include:

  • Approval of the minutes of the last General Assembly
  • Approval of the President report presented in the name of the Management Council
  • The Auditor report
  • Approval of the previous year accounts
  • Approval of the provisional budget of the coming year
  • A member has the right to submit a proposal to be included in the agenda. The proposal must be made in writing and sent by registered post at least fifteen days before the date of the General Assembly.

3.3.3 Voting

Decisions shall be taken on the basis of a simple majority of votes, the members represented voting shall be by secret ballot unless otherwise decided by the General Assembly if requested by a member country.

For the election of persons, voting shall only be by secret ballot, with the absolute majority of two ballots. After the second ballot, the candidate that has obtained the greatest number of votes, even if it is not the absolute majority shall be elected.

3.3.4 Procedures of Voting

Independent tellers shall be appointed by the General Assembly to supervise the running of the elections and to count the ballots papers.

Ballot papers shall only be deemed valid if they do not contain more names than there are positions to be filled, nor any names other than those of the officials candidates.

Blank or void ballot papers or any other form of abstention shall not be taken into account when counting the total number of votes cast.

To be elected, a candidate needs an absolute majority of the votes cast (50% of the votes cast + 1 vote, rounded up to the next highest whole number). If there are less vacancies to be filled than there are elected candidates, the post shall be filled by those candidates having received the highest number of votes.

If all the vacancies have not been filled after the first round of voting, the following procedure shall apply:

If the number of remaining candidates is higher than the number of vacant position(s) after the first round, the number of candidates allowed to participate in the second round shall be selected according to the highest number of votes they have obtained and by applying the following formula:
number of vacant position(s) plus one

If the number of candidates is equal or less than the vacant positions after the first round, all candidates shall take part in the second round.

In both cases, only the candidate(s) who has/have obtained the absolute majority (50% of the votes cast + 1 vote, rounded up to the next highest whole number) shall be elected. If there are less vacancies to be filled than there are elected candidates, the posts shall be filled by those candidates having received the highest number of votes.

There shall be no third round of voting and the remaining position(s) shall remain vacant.

Any position which falls vacant before a period of office has ended or which remains vacant from a previous election shall be filled at the following Congress or Biennial Session. A position prematurely vacated shall be filled for the remainder of the period of office. Candidates will be elected and posts will be awarded according to the rules laid down in paragraphs 5-8. However, if posts with different period of office are to be filled, the allocation of posts shall be in descending order of votes received.

3.4 MANAGEMENT COUNCIL

3.4.1 Composition

The Management Council shall be composed of a President and four (4) Vice Presidents, each of different nationalities, elected by the General Assembly.  (proposal to change rejected as such this is retained)

Secretary
The Secretary shall be appointed by the Management Council. The Secretary shall assist the President to take care of the daily work of the UAM Secretariat. The Secretary may attend the Management Council Meeting but without voting right.

Upon the President’s request, the qualified persons may attend the Management Council Meeting as observers.

3.4.2 Meetings

The Management Council shall meet at lease once a year but the UAM President may call an extraordinary Management Council meeting when necessary.

3.4.3 Powers

The Management Council shall have all power that, according to the statutes, are not exclusively reserved to the General Assembly or other agencies of the UAM for matters relating to the administration and management of the UAM as well as for the carrying out of its future goals.

UAM in all legal actions as defendant or petitioner.

3.4.4 Creation of Commission

The Management Council shall create and dissolve the specialised commissions responsible for the management and organization of different events.

Each commission shall be chaired by a member appointed by the Management Council.

The commission shall consist of at least 3 members appointed by the Management Council for a duration of 2 years.

The Management Council proposed to create another article about commission’s composition, rights and President’s authority.

3.5 PRESIDENT

The President shall chair the General Assembly and the Management Council.

The President is the legal representatives of the Union and represents it before the law, as well as before all external organizations or companies.

He may delegate powers to other members of the Management Council.

In the event of the President being indisposed, the Management Council should elect an official to chair the meeting.

3.5 President and Vice Presidents

General Assembly will elect 1 President and 4 Vice-presidents by election.

President and Vice Presidents are volunteers, no monthly wages will be paid by the UAM except allowance for making UAM business trip.

3.5.1 The duties of the President are:

  • To represent UAM in all circumstances
  • To chair General Assembly as well as the management council meeting
  • To ensure the decisions of the General Assembly and Management Council are implemented
  • To ensure the smooth and efficient functioning of the UAM at all times
  • To ensure that the UAM is run in a manner that allows the aims of the UAM to be achieved as complied with the UAM Statues and to ensure that the UAM statures are respected
  • To enhance the development of UAM and to promote motorcycle sports in the Asian region.
  • The President is the legal representatives of the Union and represents it before the law, as well as before all external organisations or companies.
  • The President may delegate powers to other members of the Management Council. In the event of the President being indisposed, the Management Council should elect an official to chair the meeting.
  • President may attend any meeting of commissions, working group of the UAM but without voting right.

3.5.2 Duties of Vice-Presidents:

The duties of the Vice-Presidents are

  • To support the UAM President to fulfill his duty
  • To act as a contact person between commissions and management council.
  • in case of absent of the President, one of Vice-Presidents must be acting President during President’s absence

Vice- Presidents may attend any meeting of commission, working group of the UAM but without voting right.

3.5.3 Candidature

To be eligible for candidature

  • must have knowledge concerning motorcycle sports and Asia situation
  • must be forwarded by the FMN concerned
  • must make a speech in English to introduce himself and explain his planning and target at election.
  • That all candidates for Presidency shall make their optional presentation orally only.
  • must resign from current FIM/UAM post upon a successful election to the new position
  • to give an equal chance to all members, current or former President cannot be a candidate for President unless there is unanimous acceptance by the General Assembly or at lease 2 president’s terms passed.

3.5.4 Term of President

Term of president is 4 years.

Term starts at the Congress when the President is elected until next President’s election.

3.5.5 Release from President

President will be relieved by the General Assembly in case of

  • giving UAM any damage or loss of financially, confidentially
  • using UAM to get personal profit
  • having racial discrimination
  • absence from work more than 6 months due to illness or any other reason

This President release can be made any time during his presidency by General Assembly, but must have more than 2/3 of members’ agreement.

3.6 AUDITORS

An auditor shall be elected by the General Assembly for a period of two years. An additional auditor is appointed by the FIM.

The auditors shall be responsible for checking the execution of the budget as well as auditing the accounts and the annual financial report.

The auditors shall present their report to the General Assembly before the vote on the financial report.

The UAM finance report shall be distributed in advance before the said congress.

3.7 DISCIPLINARY COMMISION AND APPEALS COURT

The Disciplinary Commission shall consist of three members and one of whom shall be a lawyer.

The Appeals Court is the Appeals Courts of the CDI (FIM International Disciplinary Court), of the FIM.

Article 4 - Call For Nominations and Duration of Office

With the convening notice for the General Assembly meeting, the members shall receive of open positions.

The term of office shall be:

  • President 4 years
  • 4 Vice Presidents 4 years

In case of election during a term to replace a casual vacancy, the person shall be elected until the next general election.

A country may withdraw the mandate given to its delegate. This withdrawal must be made in writing, signed by the President concerned and sent by registered post

The said delegate whose mandate is withdrawn shall cease to host its elected position with effect from the notice.

Article 5 - Resources

Resources of the UAM shall be :

  • Annual fee of its members
  • FIM subsidies
  • Grants from Asian institutions
  • Gifts from the industry
  • Profit from sponsorship or sale of rights
  • Any income legally acquired

Article 6 - Motion of Censure And Withdrawal of Mandate

Any member of an UAM agency that shall not correctly fulfill his duty can be subject to a motion Of censure. Similarly, any member that shall not comply with the rules of the UAM when carrying out his duties for the UAM may be dismissed of his mandate. Such a person may also be subject to sanctions laid out in the Disciplinary and Arbitration Code.

Article 7 - Alterations To The Statutes

The Statutes may only be altered by a resolution of the General Assembly obtained with a two-thirds majority of the voting delegates.

Alterations to statutes shall take effect immediately after the General Assembly of the current year.

Article 8 - Standing Order

The standing orders shall define the duties of the members of the UAM bodies and the rules and procedures necessary for the administration of the UAM. They shall be approved by the General Assembly.

Article 9 - Interpretation Act

For all clauses not included in these statutes or in the standing orders of the UAM, the texts of the FIM shall prevail.

Article 10 - Dissolution

The dissolution of the UAM shall be decided by an Extraordinary General Assembly to which at least two-thirds of the members shall attend. The decision shall only be valid if carried-out by three-quarters of the votes of members present or represented.

In case the quorum shall not be reached during this General Assembly, a second Extraordinary General Assembly shall be convened thirty days later during which no quorum is necessary but the decision to dissolve the UAM shall only be valid if carried-out by three-quarters of the votes of members present or represented.

In case of dissolution of the UAM, the available assets at the date of dissolution shall be distributed according to the decision taken by the General Assembly.