Clube de Golfe do Levante
RULES
1. The Rules
These Rules have been drawn up by the Board in accordance with the Second Section of Chapter III of the Statutes of Clube de Golfe do Levante. As used in these Rules, “Golf Courses” shall mean the two golf courses at Vila Nova de Cacela owned or operated by Quinta da Ria S.A., “Clubhouse” shall mean the clubhouse currently standing on those golf courses, “Club” shall mean Clube de Golfe do Levante, “Board” shall mean the board of management referred to in the Second Section of Chapter III of the Statutes of the Club “Member” shall include any of the categories of Membership set out in section 4 and “Golf Title” shall mean a golf title issued by Quinta da Ria in accordance with the terms of the contract between Quinta da Ria S.A. and the Club dated 28th September 2001.
2. Name
The name of the Club is “Clube de Golfe do Levante”
3. Objects
The objects of the Club are to liaise with Quinta da Ria S.A. regarding the condition and use of the Golf Courses and the Clubhouse, and to organise and promote golf competitions, matches and related activities for Members.
4. Membership
There are six categories of membership of the Club:-
(i) Founder Members
The Founder Members are the ten persons who executed the Public Deed of Constitution of the Club
(ii) Permanent Members
Permanent Members are persons who, having been approved by the Board, acquire a Golf Title
(iii) Spouse Members
Spouse Members are the spouses or opposite sex co-habiting partners of Permanent Members and Founder Members who have paid the subscription applicable to Spouse Members. Spouse Members shall enjoy all the rights and privileges of Permanent Members including the right to vote at any General Meeting of the Club
(iv) Junior Members
Junior Members are the children of Permanent Members and Founder Members who have not yet reached the age of eighteen and who have paid the subscription applicable to Junior Members. Junior Members shall enjoy all the rights and privileges of Permanent Members except that they shall not be entitled to vote at any General Meeting of the Club. Until such date as may be determined by the Board, they shall be entitled to enter any Club competition.
(v) Honorary Members
Honorary Members are persons who, for services rendered to the Club or to golf in general, are proposed by the Board or by not less than 25 Permanent Members and are approved by an Annual General Meeting. Such memberships shall be valid from the date of the relevant Annual General Meeting until the date of the next succeeding Annual General Meeting. No more than 10 Honorary Members may be approved at any Annual General Meeting. Honorary Members shall enjoy all the rights and privileges of Permanent Members except that they shall not be entitled to attend or vote at any General Meeting of the Club.
(vi) Temporary Members
Temporary Members are persons who are nominated by the holder of a corporate golf title issued by Quinta da Ria S.A. in accordance with the terms of such corporate golf title. The terms of such corporate golf title will permit the holder to nominate more than one person during any year to be Temporary members, for such periods as the holder may determine, provided that at any one time only one person may be a Temporary Member of the Club. Temporary Members shall enjoy all the rights and privileges of Permanent Members during their period of Temporary Membership, except that they shall not be entitled to attend or vote at any General Meeting of the Club or be appointed to any Club office or be appointed to any of the Club committees. The number of corporate golf titles shall not exceed 100. The subscription payable to the Club in respect of such Temporary Members shall be determined by the Board
5. The Board
The Board shall consist of seven members. For a term commencing on the expiry of three years after the formation of the Club, and ending on the date of the Annual General Meeting in 2008, four members, who shall be Founder Members or Permanent Members, shall be elected by the Founder Members and three members, who shall be Permanent Members, shall be elected by the Permanent Members at an Annual General Meeting. Thereafter all members shall be elected for three year terms. For each succeeding three year term, the number of members elected by the Founder Members shall be reduced by one and the number of members elected by the Permanent Members shall be increased by one, until all members of the Board are elected by the Permanent Members. All members of the Board, other than the President, shall be Vice Presidents of the Club during their term of office.
The Board shall have the management powers set out in the Second Section of Chapter III of the Statutes of the Club.
6. Meetings of the Board
Meetings of the Board shall be held at monthly intervals or at such times as the Board considers necessary or appropriate. The quorum for meetings shall be[four members. The President shall chair all meetings of the Board. In the absence of the President a chairperson for any meeting shall be elected by those present at the meeting .The President or any other chairperson shall have a casting vote if the number of votes for and against any resolution is equal.
7. General Meeting Board
The General Meeting Board shall consist of three members, a Chairman a Vice Chairman and a Secretary, elected at an Annual General Meeting for a term of three years
The Chairman of the General Meeting Board has the power to convene General Meetings.
8. General Meetings
An Annual General Meeting shall be held each year on the last Sunday in March, unless such Sunday falls on Easter Sunday, in which case the Annual General Meeting shall be held on the immediately preceding Sunday, to approve the annual report of the Board, the Balance Sheet and Statement of Income and Expenditure, and to receive the opinion of the Fiscal Board
An Extraordinary General Meeting may be convened when determined by the Chairman of the General Meeting Board or by the Board or at the request of Twenty Five Percent (25%) of the Founder and Permanent Members. Any notice convening a General Meeting must include an agenda and be sent to all members by registered letter not less than fifteen days prior to the date of the meeting
The quorum for any General Meeting shall be not less than fifty percent (50 %) of the total of Founder and Permanent Members, but if at any General Meeting a quorum is not present, a second General Meeting shall be convened one hour after the first meeting and at such meeting any number of Founder or Permanent Members shall constitute a quorum. Members unable to attend may appoint a proxy.
The President shall chair all General Meetings. In the absence of the President a chairperson for any meeting shall be elected by those present at the meeting. The President or any other chairperson shall have a casting vote. Voting shall be by show of hands unless the chairperson determines that for any particular vote a secret ballot should be conducted or a secret ballot is requested by two or more Members. In the event of a contested election, information regarding the candidates shall be distributed to Members prior to the General Meeting and Members shall be given the option of submitting a postal vote, appointing a proxy to cast their vote in a particular manner, or appointing a proxy to cast their vote in the proxy’s discretion.
Any resolution may be passed by a majority of not less than fifty per cent (50%) of Members present or voting by proxy.
9. The Fiscal Board
The Fiscal Board shall consist of three members, a chairman and two other members, elected at an Annual General Meeting for a term of three years.
The Fiscal Board has the power (i) to examine quarterly or whenever it considers appropriate the books of account of the Club and other documents relating to the activities of the Club and (ii) to give an opinion in respect of the annual report of the Board, the Balance Sheet and Statement of Income and Expenditure
10. Officers
The Officers of the Club are:
(i) The President
The President shall be a member of the Board and shall be appointed by the Board for a term corresponding with his/her term of office as a member of the Board. The President shall act as Chairman at all meetings of the Board and at all General Meetings.
(ii) The Treasurer
The Treasurer shall be a member of the Board and appointed by the Board for a term corresponding with his/her term of office as a member of the Board. The Treasurer shall be responsible for keeping the books of account of the Club and for presenting a Balance Sheet and Statement of Income and Expenditure to the Annual General Meeting
(iii) The Technical Director
The Technical Director shall be a member of the Board and appointed by the Board for a term corresponding with his/her term of office as a member of the Board. The Technical Director shall be responsible for liaising with Quinta da Ria S.A. on matters of a technical nature
(iv) The Club Captain
The Club Captain shall be a member of the Board and appointed by the Board for a term corresponding with his/her term of office as a member of the Board. The Club Captain represents the Club in all matters concerning the playing of golf .
(v) The Secretary
The Secretary shall be a member of the Board and appointed by the Board for a term corresponding with his/her term of office as a member of the Board. The Secretary shall be responsible for taking minutes of Board Meetings and any General Meetings and for performing such other duties as the Board may delegate from time to time
(vi) The Men’s Captain
The Men’s Captains shall at first be appointed by the Board of Management and shall hold office until 31st August of the year following the year of their appointment. The Mens’ Captain appointed in 2004 shall hold office until the Annual General Meeting in 2006. Thereafter the Men’s Captain shall be a Member (other than a Junior Member or Temporary Member) elected at each Annual General Meeting, to hold office until the succeeding Annual General Meeting. The Men’s Captain shall be responsible for selecting teams for all Algarve Interclub matches (jointly with the Ladies’ Captain) and any other men’s or mixed matches against other clubs or societies. The Men’s Captain shall also perform such other duties as may from time to time be delegated by the Board.
(vii) The Men’s Vice Captain
The first Mens’ Vice Captain shall be selected by the Mens’ Captain and shall hold office until the Annual General Meeting in 2006. Thereafter the Men’s Vice Captain shall be a Member (other than a Junior Member or Temporary Member) nominated by the Men’s Captain immediately following his election at the Annual General Meeting, and such nomination shall be subject to the approval of such Annual General Meeting. The Vice Captain shall hold office until the next succeeding Annual General Meeting. The Vice Captain shall act as a substitute for the Men’s Captain whenever the Men’s Captain is unable to perform his duties.
(viii) The Ladies’ Captain
The first Ladies’ Captain shall be a Member appointed by the Board of Management and shall hold office until the Annual General Meeting in 2006. Thereafter the Ladies’ Captain shall be a Member (other than a Junior Member or Temporary Member) elected at each Annual General Meeting, to hold office until the succeeding Annual General Meeting
The Ladies’ Captain shall be responsible for selecting teams for all ladies’ matches against other clubs or societies and (jointly with the Men’s’ Captain) interclub teams. The Ladies’ Captain shall also perform such other duties as may from time to time be delegated by the Board.
(ix) The Ladies’ Vice Captain
The first Ladies’ Vice Captain shall be selected by the Ladies’ Captain and shall hold office until the Annual General Meeting in 2006. Thereafter the Ladies’ Vice Captain shall be a Member (other than a Junior Member or Temporary Member) nominated by the Ladies’ Captain immediately following her election at the Annual General Meeting, and such nomination shall be subject to the approval of such Annual General Meeting. The Ladies’ Vice Captain shall hold office until the next succeeding Annual General Meeting. The Ladies’ Vice Captain shall act as a substitute for the Ladies’ Captain whenever the Ladies’ Captain is unable to perform her duties
11. Committees
The following Committees shall be constituted
(i) The Handicap Committee
The Handicap Committee shall consist of five members , the Men’s Captain and the Ladies’ Captain for the time being and three members appointed by the Board of Management. The Handicap Committee shall be responsible for determining whether the handicap of any member should be adjusted in accordance with the Rules of the European Golf Association.
(ii) The Competition Committee
The Competition Committee shall consist of the Men’s Captain and the Ladies’ Captain for the time being and one member appointed by the Board. The Competition Committee shall be responsible for organising all Club competitions and matches.
(iii) The Finance Committee
The Finance Committee shall consist of the Treasurer and two members appointed by the Board . The Finance Committee shall be responsible for monitoring the accounts and financial status of the Club
(iv) The Charity Committee
The Charity Committee shall consist of three members appointed by the Board. The Charity Committee shall be responsible for organising any charity fund raising activities of the Club
(v) The Legal and Contractual Committee
The Legal and Contractual Committee shall consist of two members appointed by the Board. The Legal and Contractual Committee shall be responsible for advising the Board on matters of a legal or contractual nature.
(vi) The House Committee
The House Committee shall consist of two members appointed by the Board and shall be responsible for monitoring the quality of the catering and other services provided in the Clubhouse by Quinta da Ria S.A. and for liaising with Quinta da Ria S.A. in relation to the organisation of the catering for any Club function.
12. Subscriptions
The Board shall determine the amount of annual subscription payable to the Club by each category of member for each calendar year. The amounts determined by the Board shall be submitted to the Annual General Meeting for approval. Founder Members and Honorary Members shall not pay a subscription. The subscription for Temporary Members shall not be less, pro rata, than the subscription payable by Permanent Members.
If a member fails to pay his subscription by 31st March of the year in which such subscription falls due, his/her right to the use of the Golf Courses and the Clubhouse shall be suspended until payment has been made.
13. Termination of membership
The Board shall be entitled to terminate the membership of any Member in the following circumstances:
(i) if the Member fails to make payment of his subscription to the Club or to Quinta da Ria S.A. within six months of such subscription falling due and such failure continues for a period of thirty days after a final notice demanding payment of the same; or
(ii) if the Member fails to make punctual payment of any other amount due to the Club or to Quinta da Ria S.A. and such failure continues for a period of thirty days after a final notice demanding payment of the same; or
(iii) if the Member is guilty of conduct which in the opinion of the Board makes him/her unsuitable to be a member of the Club; or
(iv) if the Member’s Golf Title is redeemed or transferred.
Any termination of a membership shall not affect the right of the Member whose membership has been terminated from transferring his Golf Title.
Any decision of the Board to terminate a membership shall be communicated to the Member concerned by registered letter and shall take effect when posted on the notice board at the Clubhouse and from such time such Member shall be barred from entering upon the Golf Courses and the Clubhouse. A Member may appeal to a General Meeting against any such decision by giving notice within fifteen days after receipt of notice of the Board’s decision, whereupon the Board shall convene a General Meeting within thirty days after the date of receipt of the Member’s notice of appeal.
14. Suspension of Membership
The Board shall be entitled to suspend the membership of any Member for such period as it may determine if such Member has been found to have engaged in unruly, ungentlemanly or unsporting conduct or otherwise in such a manner as to bring the Club into disrepute. The Board shall not make any decision regarding a Member’s suspension until it has conducted a hearing at which the Member in question has been given the opportunity to present his case and the Board has heard such evidence as such Member may wish to adduce. Any member of the Board who was involved in any way in the incident or incidents giving rise to the proposed suspension shall take no part in any such hearing or have any vote in relation to such suspension.
A Member whose membership is suspended shall not be entitled to any refund of his/her subscription during the period of suspension.
Any decision of the Board to suspend a membership shall be communicated to the Member concerned by registered letter and shall take effect when posted on the notice board at the Clubhouse and from such time until the expiry of the period of suspension such Member shall be barred from entering upon the Golf Courses and the Clubhouse
15. Mobile Telephones
Members are encouraged to carry mobile telephones when playing on the Golf Courses, to be used for medical or other emergencies only. Mobile telephones should not be used to make or receive any other personal or business calls
16. Handicaps
Handicaps shall be granted and regulated in accordance with the EGA Handicap System as applied by the Portuguese Golf Federation.
17. Competitions
The Competitions Committee may make rules from time to time regarding the procedure for entry of competitions, eligibility for entry and related matters.