2024-12 – AGM 2024 – Resolution 1c – Associate Member

Preamble

Proposal: To authorise the Board to make changes to the FISTF Statutes, as outlined below, to take effect immediately following the 2024 Congress.

Background:

The FISTF Statutes can only be changed at a FISTF Congress or Extraordinary Congress. It is established practice to review the Statutes prior to each Congress to determine whether amendments are required.
The Board has reviewed the Statutes and is proposing the following changes, many of which are a result of discussions and decisions made at the 2023 AGM.

c) Article 3.5 – amend as per Resolution 4 of the 2023 AGM to make registration with national authority strongly encouraged but not compulsory; Article 3.6 – include reference to additional criteria for MNAs currently included in the Official Handbook

At the 2023 AGM, members agreed to a 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.

The background to this proposal is outlined in detail in the document prepared for the 2023 AGM. In summary, however, the audit of MNAs‘ compliance with the membership requirements conducted in 2023 showed 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 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 permitted to but 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). 

On the other hand, it was noted at the Congress that most MNAs have gone to the bother and expense of being registered and/or obtaining independent legal status, which does put such MNAs on a sounder and more professional legal footing.  It does not seem fair that MNAs which could pursue registration but choose not to are treated the same as MNAs which do. While such associations should be recognised as MNAs, there should be some consequences for not pursuing registration/legal status. It was suggested by France that once such consequence should be that unregistered MNAs should only be allowed to enter one player in each individual category at the World Cup, rather than two.  This is set out below as an additional, separate proposal.

It is therefore proposed that Article 3.5 of the Statutes be amended to read as follows (refer to the attached draft revised Statutes at Attachment A to see revisions marked):

(EN) An MNA must provide evidence of its Annual General Meeting and voting for its Board positions. Each MNA is strongly encouraged to register as a club/association or as an officially recognised body within the juridical laws of its national territory. Where such registration is not possible in its territory, or there are no such laws, the MNA must prove such a situation with an appropriate document or reference to government statutes.  Where registration is possible but is not sought by the MNA, the MNA must set out the reasons for not seeking registration. This document must be submitted to the FISTF General Secretary according to the FISTF Official Handbook description, and must demonstrate that the MNA is otherwise established and running appropriately (that is, that it has a constitution, regular/annual general meetings, an elected Board etc, in accordance with the requirements outlined in FISTF Official Handbook).

Additional proposal from France (to be voted on separately): Such associations will be recognised as MNAs, but will not be entitled to the full rights of MNAs which are registered as a club/association or as an officially recognised body within the juridical laws of its national territory. In particular, unregistered/unrecognised MNAs will only be able to enter one player per individual category at the World Cup.

In addition, to formalise longstanding practice, it is proposed to add the following new Article 3.6:

(EN) Further qualification of MNA status is defined in the FISTF Official Handbook, as are the sanctions for failure to comply with the membership requirements. These regulations are complementary to the Statutes and cannot conflict with the Statutes.

(Submitted by Eliot Kennedy, General Secretary, FISTF)

Voting

AGM 2024 – Resolution 1c – Associate Member

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As per the FISTF Statutes, a majority vote of 66.67% is needed to carry this resolution.
Abstention is not a cast vote (it was voted but will not be considered in the final results)