Section 1 Name, Registered Seat, Purpose of Activity, Duration

Section 2 Types of Membership in the ALBGC

Section 3 Termination of Membership and Its Suspension

Section 4 Rights and Obligations of Members of the ALBGC

Section 5 Association Bodies

Section 6 Assets and Economic Activity of the Association

Section 7 Dissolution, Merger and Voluntary Disbandment of the Association

Section 8 Final Provisions

Constitution of a Civic Association

ALBATROSS GOLF CLUB PRAHA

Section 1

Name, Registered Seat, Purpose of Activity, Duration

1. The ALBATROSS GOLF CLUB PRAHA is an association pursuant to Act no.  83/1990 of the Collection of Laws (Coll.) dated 27 March 1990, on the association of citizens. This association is a legal entity and it can set up organisational units, establish other legal entities or become a part of other legal entities.

2. The association has the name: ALBATROSS GOLF CLUB PRAHA (ALBATROSS GOLF CLUB – PRAGUE”). Hereinafter the abbreviation “ALBGC” shall be used to refer to this association.

3. The registered office of the ALBGC is Václavské nám. 53, 11000 Prague 1.

4. The purpose of the ALBGC is to be a grouping of members for the pursuance of the game of golf and to create and arrange conditions for the sport of golf and necessary related services for fulfilling the sporting and social interests of the members of the ALBGC.

5. The purpose of the ALBGC is mainly ensured through:

a) organising a membership base,

b) arranging spaces for the game by leasing golf grounds,

c) supporting recreational and competitive golf,

d) general support and publicity for the sport of golf, the ALBGC, its commercial partners and the golf grounds in the Czech Republic and abroad,

e) organising educational, training, recreational and leisure programmes,

f) creating conditions for the fulfilment of the sporting, social, cultural and economic interests of the ALBGC.

6. The ALBGC has been established for an indefinite period.

Section 2

Types of Membership in the ALBGC

1. Two basic types of membership are the regular membership and the honorable membership. Other types and forms of membership and the conditions for acquiring them can only be defined by the Board of Management of ALBGC. An honorable member has the same rights and obligations as a regular member but he/she is exempted from payment of the entering or yearly fees at ALBGC.

2. Decisions about admissions of new members to ALBGC can only be made by the Board of Management of ALBGC, based on a written application along with an affirmation from the applicant that he/she has no record in the penal register for an intended criminal offence (hereinafter referred to as “declaration of integrity“). Application signed in applicant’s own hand along with two additional signatures of present members of ALBGC who by their signatures recommend admission of the applicant. Detailed procedure towards admission in case the applicant doesn‘t have two signatures of present members of ALBGC is described in paragraph I “Conditions of membership in ALBATROSS GOLF CLUB PRAHA”

Section 3

Termination of Membership and Its Suspension

1. Membership in the ALBGC terminates with the departure, expulsion or death of the member if the member is a natural person, and with departure, expulsion, liquidation, dissolution, the commencement of insolvency proceedings or a declaration of bankruptcy if the member is a legal entity.

2. Any member may freely leave the association. Notification of a departure from the ALBGC is delivered in writing to the ALBGC’s Board of Management.

3. The ALBGC's Board of Management is authorized to debar a member of ALBGC if they find out that his/her declaration of integrity was not truthful, if he/she breaks the code of rules of ALBGC or the membership conditions or other rules made by the Board of Management of ALBGC or if he/she causes by his/her behavior any kind of harm to the good name of ALBGC, if he/she acts in violation of the interests of ALBGC, or was lawfully sentenced for an intentional criminal offense..

4. Members whose membership in the ALBGC has terminated, are not entitled to make any demands of the ALBGC. In particular, they may not demand the return of subscriptions that have already been paid.

5. A member who has not paid any mandatory subscription in time may be suspended by the Board of Management for a period of up to three months until this obligation is fulfilled. During a period of suspended membership, a member is not entitled to play, to participate in ALBGC events or to partake of the advantages ensuing from membership of the ALBGC. If three months elapse to no effect, the conditions for expulsion have been fulfilled pursuant to point 3.

Section 4

Rights and Obligations of Members of the ALBGC

1. Members of the ALBGC have the rights and obligations stipulated by this constitution, membership Terms and Conditions and other regulations issued by the ALBGC Board of Management.

2. In particular, members of the ALBGC have the right to:

a) use the facilities that the ALBGC provides for its members for the game of golf,

b) participate in sporting and social events organised by the ALBGC for its members,

c) partake of the advantages ensuing from membership in the ALBGC,

d) go to the ALBGC and its bodies with their complaints and suggestions.

e) provide a recommendation for new applicants for membership in ALBGC according to regulation § 2 par. 2. If a member of ALBGC breaches an obligation according to par. 4 ltr. f) of this paragraph and provides a recommendation to an inappropriate applicant his right to provide such recommendations can be taken away by a written decision of the Board of Management.

3. All members of the ALBGC, namely natural persons aged 18 and over, are also entitled to participate in decision-making via ALBGC bodies, as well as to propose candidates and be elected to ALBGC bodies. A legal entity is represented by its statutory body or authorised representative, who is entitled to designate an employee for election to ALBGC bodies.

4. In particular, members of the ALBGC are obliged to

a) fulfil the obligations specified by the Constitution and other regulations issued by the ALBGC’s Board of Management

b) pay ALBGC subscriptions in time, to observe the rules and ethics of the game of golf, to fully respect the organisational, sporting and technical decisions of the ALBGC’s Board of Management,

c) develop the good name of the ALBGC through their actions and behaviour, and to not damage the ALBGC,

d) not curtail the rights of other members of the ALBGC,

e) protect the property of the ALBGC, the golf course, including equipment and facilities, from damage and theft.

f) provide recommendation according to regulation  § 2 par. 2 only to those members who will be willing and able to properly fulfill their duties according to ltrs. a) to e) if they become members.

Section 5

Association Bodies

The bodies of the association are:

A. the Board of Management

B. the President

C. the Supervisory Board

A. The ALBGC’s Board of Management

1. The Board of Management is the supreme body of the ALBGC.  In particular, its tasks and authority includes:

a) the complete arrangement of the ALBGC’s activity,

b) the administration of the ALBGC’s assets,

c) setting the Terms and Conditions of membership in the ALBGC, including the level of subscriptions and other payments to the ALBGC,

d) drawing up the annual budget and economic policies,

e) compiling the Board of Management’s annual report on the activity of the ALBGC

f) the amendment of the Constitution,

g) issuing internal regulations for the ALBGC

h) taking care of the proper condition, operation and development of the golf course on which the ALBGC pursues its activity.

2. The first Board of Management is composed of members of the preparatory committee and it has three members. At its first meeting, this first Board of Management elects an ALBGC President by way of a simple majority. The tenure of the first members of the Board of Management ends as of the moment when the elected President appoints a new Board of Management.

3. The President, appointed by the first Board of Management pursuant to article 2, appoints a new three-member Board of Management. The tenure of the members of the Board of Management is five years and it begins as of the day of their appointment. Reappointment is possible. Any person over 18 years of age may be appointed as a member of the Board of Management. 

4. At its first meeting, the Board of Management appoints a Vice-President from its members. The President and the Vice-President represent the ALBGC in its external dealings and each does so independently. The Board of Management is quorate if at least two thirds (2/3) of its members are present. The Board of Management adopts its decisions by way of a simple majority of the votes of the members who are present. In the event of votes being equal, the Vice-President has the casting vote. 

5. Apart from death or the expiry of their tenure, a member of the Board of Management leaves office by being dismissed or by resigning. Members of the Board of Management may at any time inform the President in writing of their resignation, and this resignation takes effect as of the day it is delivered to the President. The President is authorised at any time to dismiss the Board of Management or one of its members and to appoint a new member.

B. The President of the ALBGC

1. The President fully represents the ALBGC in its external dealings and does so independently.

2. The President appoints and dismisses the members of the Board of Management and decides on amendments to the Constitution of the ALBGC.

3. The President’s tenure ends with his resignation.

C. Supervisory Board

1. The Supervisory Board consists of three members. The Board of Management elects and dismisses the members of the Supervisory Board from ALBGC members suggested to the Board of Management. The tenure of the members of the Supervisory Board is five years and it begins as of the day of their election. Re-election is possible. Any person over 18 years of age may be elected as a member of the Supervisory Board.

2. At its first meeting, the Supervisory Board appoints a Chairperson. The Supervisory Board is quorate if at least two thirds (2/3) of its members are present. The Supervisory Board adopts its decisions by way of a simple majority of the votes of the members who are present. In the event of votes being equal, the Chairperson has the casting vote. 

3. The controlling task of the Supervisory Board is to check the economic activity of the ALBGC and the observance of the Constitution by the members and bodies of the ALBGC, and to submit a report on its activity to the Board of Management and the President of the ALBGC.

4. The disciplinary task of the Supervisory Board is to conduct disciplinary proceedings against members of the ALBGC who breach its Constitution or Terms and Conditions of membership in the ALBGC, and to submit proposals for disciplinary measures to the Board of Management and the President of the ALBGC.

5. The Supervisory Board is responsible for organising and running the ALBGC’s sports competitions, as well as for keeping sporting and technical records, including sports results and players’ handicaps, and submitting the relevant data and information to the Czech Golf Federation.

Section 6

Assets and Economic Activity of the Association

1. The ALBGC’s assets consist of:

a) membership subscriptions,

b) proceeds from sporting, cultural and social events as well as other events and activities,

c) revenues from advertising or donations.

2. The Board of Management is responsible for the administration and management of the ALBGC’s assets. The economic activity of the ALBGC is governed by legal regulations.

Section 7

Dissolution, Merger and Voluntary Disbandment of the Association

1. If the Board of Management decides on the voluntary disbandment of the ALBGC, then the settlement and distribution of assets will be implemented. The settlement and distribution will implemented by the Board of Management, and after the settlement of all obligations, the non-monetary assets of the ALBGC will be converted into cash. Together with the monetary balance on accounts and in the coffers, this will be divided among the ALBGC’s members so that each member receives a share corresponding to the share of the subscriptions they have paid towards the sum total of all subscriptions.

2. In the event of a decision by the Board of Management on the merger of the ALBGC with another association, no settlement and distribution of assets will be implemented. The assets recorded in the ALBGC’s accounts will be transferred within the framework of the merger to the association with which the ALBGC is merging.

3. In accordance with the law, the Board of Management of the ALBGC has an obligation to inform the Ministry of the Interior of the Czech Republic of the dissolution of the ALBGC within 15 days.

4. The association shall also be dissolved on the basis of a final and conclusive decision by the Ministry of the Interior of the Czech Republic on its disbandment pursuant to the provisions of Section 12, 12, subsection 1, letter b) of Act no. 83/1990 Coll., as amended.

Section 8

Final Provisions

This constitution was approved by a preparatory committee on 12 November 2008.