CLUB - xkite - centro kitesurf - Lago di Garda

We were the first to design and organize the lift service on Lake Garda, a system of assistance boats that has allowed many beginners to overcome the obstacle of their first outings once the courses have finished. Our strengths are professionalism, passion and a close-knit and united group that always makes us feel part of a big family.

Art. 1 - Name and location 1. A sports association is established in Malcesine (VR), Via Priori n.5, pursuant to art. 36 and following Civil code called "xkite - amateur sports association".

Art. 2 - Purpose 1. The association is apolitical and non-profit. During the life of the association, management surpluses, funds, reserves or capital cannot be distributed, either directly or indirectly. 2. The association has as its purpose the development and diffusion of sporting activities related to the practice of kitesurfing, sailing sports and kite flying in general; the association considers sport as a means of psycho-physical and moral training for its members. The aims of the association are achieved through the management of any form of competitive, amateur, recreational or any other type of motor and non-motor activity, suitable for promoting the knowledge and practice of kitesurfing, sailing sports and kite flying generally. For the best achievement of the social purposes, the association will be able to carry out teaching activities for the start, updating and improvement in the performance of the sport of kitesurfing and kite flying in general. For the fulfillment of its social purposes, the association may affiliate or partner with sports promotion bodies, national and international federations, or other sports and cultural bodies and / or associations, complying with their respective statutes and regulations. In particular, the association undertakes to comply with the rules and directives of the C.O.N.I. 3. The association is characterized by the democratic nature of the structure, by the electivity and gratuitousness of the membership offices, by the services provided by the members and by the mandatory nature of the budget; mainly makes use of voluntary, personal and free services of its members. The association may also hire employees or take advantage of self-employment services to ensure the proper functioning of the structures or to qualify and specialize its activities.

Art. 3 - Duration 1. The duration of the association is unlimited and the same can be dissolved only by resolution of the extraordinary assembly of members.

Art. 4 - Application for admission 1. All those who participate in social activities are members, upon registration. Any temporal and operational limitation to the association relationship itself and the rights deriving from it is expressly excluded. 2. The natural persons who request it can be part of the association, by writing a question on a specific form and paying the requested membership fee; members must comply with the provisions of this statute and be inspired by healthy moral, civil and sporting conduct. 3. The validity of the quality of member effectively achieved at the time of submission of the application for admission is subject to acceptance of the application by the Board of Directors whose judgment must always be motivated; an appeal to the general meeting is allowed against the decision of the Board of Directors regarding the acceptance of the application for admission to the association. 4. In the event of an application for admission to a shareholder presented by minors, they must be countersigned by the parental authority. The parent who signs the application represents the minor in all respects towards the association and responds to it for all the obligations of the minor member. 5. The membership fee cannot be transferred to third parties or revalued.

Art. 5 - Shareholders' rights 1. All members over the age of 18 enjoy, at the time of admission, the right to participate in the social assemblies as well as the active and passive electorate. This right will be automatically acquired by the minor member at the first useful meeting held after reaching the age of majority. 2. The qualification of member gives right to attend the initiatives announced by the Board of Directors, according to the modalities established in the specific regulations.

Art. 6 - Forfeiture of the members 1. The members cease to belong to the association in the following cases:  voluntary resignation  arrears for more than two months from the expiry of the required payment of the membership fee  radiation deliberated by the absolute majority of the members of the Board of Directors , pronounced against the member who commits actions deemed dishonorable within and outside the association, or who, with his conduct, constitutes an obstacle to the good performance of the partnership. 2. The radiation order taken by the Board of Directors must be ratified by the ordinary assembly. During this meeting, to which the interested shareholder must be summoned, an examination of the objections will be conducted with the interested party. The radiation measure therefore remains suspended until the date of the meeting.

Art. 7 - Bodies 1. The corporate bodies are:  the General Assembly of the members  the President  the Board of Directors  the Board of Auditors

Art. 8 - Assembly 1. The general assembly of members is the highest deliberative body of the association and is convened in ordinary and extraordinary sessions. When it is duly convened and constituted it represents the universality of the associates and the deliberations legitimately adopted oblige all the associates, even if not intervened or dissenting. 2. The convocation of the ordinary meeting may be requested from the Governing Council by at least one third of the members in good standing with the payment of the membership fees at the time of the request that propose the agenda. In this case, the convocation is a due act by the Governing Council. 3. The assembly must be convened at the headquarters of the association or, in any case, in a suitable place to guarantee the maximum participation of the members.

Art. 9 - Participation rights 1. Only members in good standing with the payment of the annual fee on the date of convocation of the assembly can take part in the ordinary and extraordinary meetings of the association. Only adult members will have the right to vote. 2. Proxy voting is not allowed in the shareholders' meetings.

Art. 10 - Tasks of the assembly 1. The convocation of the ordinary assembly will take place at least eight days in advance by posting a notice at the headquarters of the association and contextual communication to the members by ordinary mail, electronic, fax or telegram. The convocation of the meeting must indicate the day, place and time of the meeting and the list of subjects to be discussed. 2. The assembly must be convened, by the Board of Directors, at least once a year within four months of the end of the financial year for the approval of the economic and financial report and for the examination of the budget. 3. It is up to the assembly to deliberate on the general guidelines and directives of the association as well as on the approval of the social regulations, for the election of the governing bodies of the association and on all matters pertaining to the life and relations of the Association. that do not fall within the competence of the extraordinary assembly and that are legitimately submitted to its examination. 4. The assemblies are chaired by the President of the Governing Council, in the event of his absence or impediment, by one of the persons legitimately attending the assembly and designated by the majority of those present. 5. The assembly appoints a secretary and, if necessary, two tellers. 6. The assistance of the secretary is not necessary when the minutes of the Shareholders' Meeting are drawn up by a notary. 7. The President directs and regulates the discussions and establishes the methods and order of the votes. Voting concerning the appointment of the governing bodies takes place by secret ballot.

8. A specific report must be drawn up for each meeting, signed by the President of the same, by the Secretary and, if appointed, by the two scrutineers. A copy of the same must be made available to all members with the formalities deemed most suitable by the Governing Council to guarantee maximum diffusion.

Art. 11 - Validity of the assembly 1. The ordinary assembly is validly constituted on first call with the presence of the absolute majority of the members entitled to vote and deliberates validly with the favorable vote of the majority of those present. Each member has the right to one vote. 2. The extraordinary meeting on first call is validly constituted when two thirds of the members with voting rights are present and passes resolutions with the favorable vote of the majority of those present. 3. After one hour from the first call, both the ordinary and extraordinary shareholders' meetings will be validly constituted whatever the number of members attending and deliberates with the vote of those present.

Art. 12 - Extraordinary assembly 1. The extraordinary assembly must be convened by the Board of Directors by registered letter sent to the members at least 15 days before the meeting. 2. The extraordinary assembly deliberates on the following matters: approval and modification of the articles of association; deeds and contracts relating to real estate rights, dissolution of the association and liquidation procedures.

Art. 13 - Governing Council 1. The Governing Council is made up of four members and in its own area elects the president, vice-president and secretary with functions of treasurer. All social assignments are intended free of charge. The Board of Directors remains in office for four years and its members are eligible for re-election. Resolutions will be adopted by majority. In the event of a tie, the President's vote will prevail. 2. Only members in good standing with the payment of membership dues that are of age can hold corporate offices. 3. The Governing Council is validly constituted with the presence of the majority of the directors in office and deliberates validly with the favorable vote of the majority of those present. 4. In the event of a tie, the President's vote is decisive. 5. The resolutions of the board, for their validity, must result from a report signed by the person who chaired the meeting and by the secretary. The same must be made available to all members with the formalities deemed most suitable by the Governing Council to ensure maximum diffusion.

Art. 14 - Resignation 1. In the event that for any reason during the course of the financial year one or more directors are missing, the remaining directors will convene the shareholders' meeting to substitute the missing ones; the newly elected will remain in office until the expiry date of the mandate of the replaced directors. 2. The Board of Directors must be considered dissolved and no longer in office if the majority of its members lose due to resignation or for any other reason.

Art. 15 - Executive Convocation 1. The Executive Council meets whenever the President deems it necessary, or if at least two Directors request it, without formalities and voting. Voting concerning the appointment of the governing bodies takes place by secret ballot.

8. A specific report must be drawn up for each meeting, signed by the President of the same, by the Secretary and, if appointed, by the two scrutineers. A copy of the same must be made available to all members with the formalities deemed most suitable by the Governing Council to guarantee maximum diffusion.

Art. 16 - Tasks of the Board of Directors 1. The tasks of the Board of Directors are: a) to deliberate on the membership applications; b) drawing up the budget and the final balance to be submitted to the assembly; c) set the dates of the ordinary shareholders 'meetings to be called at least once a year and convene the extraordinary shareholders' meeting if it deems it necessary or requested by the members; d) draw up any internal regulations relating to the corporate activity to be submitted for approval by the assembly of members; e) adopt disciplinary measures (admonition, suspension of up to 12 months, cancellation) against the shareholders, who will be able to challenge them before the necessary meeting; f) implement the purposes set out in the articles of association and implement the decisions of the shareholders' meeting.

Art. 17 - The President 1. The President, by delegation of the Board of Directors, directs the Association and is its legal representative in any eventuality.

Art. 18 - The Vice President 1. The Vice President replaces the President in case of his absence or temporary impediment and in those tasks in which he is expressly delegated.

Art. 19 - The Secretary 1. The Secretary executes the resolutions of the President and the Board of Directors, draws up the minutes of the meetings, awaits correspondence and as treasurer takes care of the administration of the Association and takes charge of keeping the accounting books as well as the collections and payments to be made subject to the mandate of the Board of Directors.

Art. 20 - The Board of Auditors The Board of Auditors is made up of three members and within its scope appoints the President of the Board; the Board remains in office for four years and its members are eligible for re-election. The Board of Auditors is validly constituted with the presence of at least two members. In the event that for any reason during the course of the financial year one or more members are missing, the shareholders' meeting must be called to substitute the missing ones; the newly elected will remain in office until the expiry date of the mandate of the replaced members. The Board oversees and controls the economic-financial management of the association and verifies the veracity of the association's economic-financial statement, reporting it to the assembly.

Art. 21 - The report 1. The Governing Council draws up the economic and financial report of the association, both preventive and final, to be submitted for assembly approval. The final report must inform about the association's economic and financial situation, with a separate indication of any commercial activity carried out alongside the institutional activity; this also through a separate accompanying relationship. 2. The statement must be drawn up clearly and must represent the association's economic and financial position in a truthful and correct manner, in compliance with the principle of transparency towards its members. 3. A copy of the report must be made available to all members, in conjunction with the convening of the meeting which has its approval on the agenda.

Art. 22 - Company year 1. The company year and the financial year begin on January 1 and end on December 31 of each year.

Art. 23 - Heritage 1. The financial means consist of the membership fees determined annually by the Board of Directors, the contributions of entities and associations, bequests and donations, the proceeds deriving from the activities organized by the Association.

Art. 24 - Comprehensive Clause 1. All disputes arising between the association and the members and between the members themselves will be devolved to the exclusive competence of an Arbitration Board composed of n ° 3 arbitrators, two of whom are appointed by each of the parties, and the third, acting as President, by the arbitrators thus designated or, failing that, by the President of the Court of Verona. 2. The party wishing to submit the matter to the Arbitration Board must communicate it to the other by registered letter to be sent within the peremptory deadline of 20 days from the date of the event giving rise to the dispute, or from the date on which the party that believes it has suffered the prejudice has come to know of it, also indicating the name of its arbitrator.

3. The arbitration will be based in Malcesine, and the College will judge and adopt the award with the maximum freedom of form, having to be considered to all intents and purposes, as irrelevant.

Art. 25 - Dissolution 1. The dissolution of the Association is deliberated by the general assembly of the members, convened in an extraordinary session, with the approval, both in first and second convocation, of at least 4/5 of the members expressing only one vote staff, with the exclusion of proxies. Likewise, the request of the extraordinary general assembly by the members having as their object the dissolution of the Association must be presented by at least 4/5 of the members with voting rights, with the exclusion of the proxies. 2. The assembly, upon dissolution of the association, will deliberate, after hearing the authority in charge, regarding the destination of any residual assets of the association's assets. 3. The destination of the residual assets will take place in favor of another association that pursues similar purposes or for purposes of public utility, except for different destinations imposed by law.

Art. 26 - Postponement rule 1. For anything not expressly provided for in this statute, the rules of the civil code apply.

Malcesine, 30 marzo 2013