2024-01 – AGM 2023 – Resolution 4 – National registration requirement for MNAs

Preamble

Proposal: To authorise the Board to prepare revisions to the FISTF Statutes, for consideration at the FISTF Congress to be held in 2024, and to the FISTF Official Handbook (to be adopted after the 2024 Congress if the amendments to the Statutes are approved) to amend the current membership requirement that an MNA must register as an officially recognised body in its national territory (unless it is unable to do so), provided the MNA can demonstrate that it is otherwise established and running appropriately.

Background:

 Article 3.5 of the Statutes currently requires that an MNA “provide evidence of its Annual General Meeting, voting for its Board positions, registration as an officially recognised body in its national territory (or an official statement that such registration is not possible in its territory).”  The primary reason for these requirements is to ensure that MNAs are properly run (that is, with transparency, accountability, proper rules etc).  These requirements, rightly, force an association to follow proper rules around elections, the board and accounts.  The ultimate aim of these requirements is to ensure MNAs are not just an informal group of people but have some ‘official’ status.

Read strictly, this requirement applies even where such registration is possible but is not required domestically.  The recent MNA audit has shown this to be an issue for a number of countries, including Canada, England, Ireland, Northern Ireland, Scotland, the United States and Wales.  In most cases, these MNAs have explained that there are financial costs and other administrative burdens which have meant that they have not pursued registration. There are therefore a number of otherwise well-run MNAs which are not required by the domestic laws to register, have not done so and therefore do not, strictly speaking, meet this membership requirement.

After some discussion, including of the need to balance proper accountability mechanisms with some flexibility for associations, the Board agreed consideration should be given to allow for the possibility of non-registration where it is not required domestically, providing that the MNA can demonstrate that it is otherwise established and running appropriately (that is, that it has a constitution, regular/annual general meetings, an elected Board etc, in accordance with section 2.1.2 of the Handbook).

Noting that this would require a change to the Statutes at the next Congress, it was agreed that that the issue should be raised at the 2023 AGM for MNAs’ initial consideration and, depending on the outcomes of the discussion, amendments to the Statutes (and consequential amendments to the Handbook) could be considered at the Congress due to held in 2024.

(Submitted by E Kennedy, General Secretary FISTF)

Discussion: Eliot Kennedy briefly spoke to the resolution. Noting that there are various Government agencies that might be relevant, Alexander Haas (AUT) asked if there was any definition of what “officially recognised body” means.  Eliot Kennedy replied that this was not currently defined in the Statutes or Handbook and had been left quite open – some MNAs had registered with a national sports association, others with a non-profit regulator or other government entity.  This might involve the MNA becoming incorporated or otherwise gaining legal personality, but this is not a requirement.  Steve Dettre agreed and explained that the background to this requirement was as part of a broader push to position FISTF to become a member of the Global Association of International Sports Federations (GAISF) or possibly even the IOC. This would require putting FISTF and its members on a much stronger legal footing but would also impose large financial and other burdens and had not been pursued.

Noting that the proposed amendment to the Statute would actually do away with the requirement to register at a national level (though the Statutes would still encourage it), Eliot Kennedy undertook to spell out some options for national registration when drafting the amendments.

Voting

AGM 2023 – Resolution 4 – National registration requirement for MNAs

To authorise the Board to prepare revisions to the FISTF Statutes, for consideration at the FISTF Congress to be held in 2024, and to the FISTF Official Handbook (to be adopted after the 2024 Congress if the amendments to the Statutes are approved) to amend the current membership requirement that an MNA must register as an officially recognised body in its national territory (unless it is unable to do so), provided the MNA can demonstrate that it is otherwise established and running appropriately.

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As per the FISTF Statutes, a simple majority vote is needed to carry this resolution.
Abstention is not a cast vote (it was voted but will not be considered in the final results)