Club statutes

These statutes were unanimously adopted at the Annual General Meeting held at the Hotel Laudinella on 5th October 2024 and replace all previous ones.

1 Identity and location

1.1 The club shall be called the “St. Moritz Cricket Club” (hereinafter referred to as “the Club) and shall be based in St. Moritz, Switzerland. The postal address may differ.

1.2 The Club is an association conforming to article Swiss Civil Code, Section 2, Article 2. The Club shall be limited to the number of members as the Committee may from time to time decide.

2. Purpose and Objectives

2.1 The Club is committed to the encouragement and promotion of cricket in both the St. Moritz / Graubünden region, as well as across Switzerland more generally, in accordance with the Laws of Cricket, the ‘Spirit of Cricket’ as described therein, and in the best traditions of respectful sporting behaviour.

2.2 Actions of the official(s) of the Club, as may be elected from time to time to the Board and/or the Club Committee (together the ‘Committee), shall conform to the highest standards of honesty, impartiality, equity, and integrity when discharging their duties and responsibilities.

2.3 As adopted and enforced by Cricket Switzerland, the Club supports the "Charter of Ethics", the anti-doping statute of the Swiss Olympic Association (Swiss Olympic) and abides by its anti-corruption code and shall disseminate the principles of ethics among its members.

2.4 The Club adopts and abides by any other regulation as may be required by Cricket Switzerland, Swiss Olympic and/or the International Cricket Council (ICC) and shall ensure compliance with such codes and regulations by its members.

2.5 The Club shall aim to fulfil its objectives through, establishing, as the need arises, additional Operating Committees to organise and deliver:

a. the ‘Cricket-on-Ice’ international cricket tournament, to be held annually (for as long as weather conditions allow) on the frozen lake of St. Moritz, or any such alternate location as conditions may dictate; and

b. from time to time conducting or participating in cricket tournaments and related events for the benefit of its membership.

2.6 Club Members may additionally be members of any or all Operating Committees.

3. Membership

3.1 Club membership shall consist of ‘Honorary Members’, ‘Ordinary Members’, ‘Social Members’ and ‘Affiliate Members’ (together ‘Club Members’):

3.1.1 Honorary Members shall be limited to such persons as have made significant contribution to the supporting the aims of the Club. Candidates for Honorary Membership shall be nominated at the Annual General Meeting and Honorary Membership shall be approved by a simple majority vote of those present. Honorary Members shall not be required to pay an annual membership fee and shall have full voting rights at AGM.

3.1.2 Ordinary Membership or Social Membership is open to everyone, subject to timely payment of the respective annual Membership Fee. Ordinary Members shall have full voting rights at AGM. Social Members shall have no voting rights at AGM.

3.1.3 Affiliate Membership shall be granted automatically to all persons participating as representatives of the Club (in either a playing or an administrative capacity) in cricket competitions or cricket tournaments, subject to payment of the respective competition or tournament fee. Affiliate Membership shall be limited to the duration of the competition or tournament. Affiliate Members shall have no voting rights at AGM.

4. Membership, Tournament & Competition Fees (the “Fees”)

4.1 The Club annual subscription (“Membership Fees”) shall be determined at the Annual General Meeting (hereinafter referred to as ‘AGM’) each year. Membership fees are due by 31 March annually.

4.2 Tournament & Competition Fees shall be determined by the Committee and are due within 30 days of receipt by the payee of the respective tournament or competition invoice or other written advice. Where provision is made for a deposit payment to guarantee a team’s participation, such deposit payment shall be made within 30 days of receipt of invoice or other written advice, the outstanding balance no less than 60 days prior to commencement of the respective tournament or competition.

4.3 With respect to the annual ‘Cricket-on-Ice Event' any outstanding balance payment shall be made by September 30th of the year immediately preceding the competition or tournament.

4.4 Deposit payments may be refunded, at the discretion of the Committee and under such conditions as advised to the payee prior to the initial deposit payment.

4.5 At the Committee’s sole discretion failure to pay the required Fees (or part thereof) by the due date may result in the defaulting member(s) being excluded from the respective tournament or competition, and/or all activities, including voting rights at subsequent AGMs.

5. General Meetings and subsidiary bodies of the Club

5.1 The permanent bodies of the Club are:

a. The annual general assembly of members at AGMs and the Extraordinary General Meetings (hereinafter referred to as ‘EGM’).

b. The Board.

c. The Committee.

d. The Auditor

5.2. Meetings of all bodies may be conducted physically, remotely or as a combination of both.

6. Role and Functions of the Annual General Meeting

6.1 The Role and Functions of the Annual General Meeting are:

a. Approval of the annual reports of the Committee members.

b. Approval of the financial accounts of the previous year and the report of the Auditors (if applicable).

c. Discharge the outgoing Committee members from their obligations.

d. Approval of amendments to the Statutes.

e. Election of the members of the new Board, Committee and the Auditors.

f. Election of new Honorary Members.

g. Approval of the annual fees; such fees may from time to time comprise but are not limited to Ordinary Member fees, Social Member fees, Affiliate Member fees. Approval of both tournament fees and of competition fees and any associated expenditure shall be the responsibility of the Committee.

h. Approval of the budget for the current year.

i. Debate and vote on proposals submitted to the agenda of the AGM.

j. Consideration and decision on any other issues for which the AGM is competent; and

k. Dissolution of the organisation in accordance with its statues.

7. The Annual General Meeting

7.1 The AGM shall be held no sooner than 31st August in each year.

7.2 The President shall decide the date and place following consultation with the Committee. The AGM shall be notified formally to the membership by the Secretary in writing at least 14 days before the meeting date.

7.3 Each Honorary Member and Ordinary Member will be entitled to one vote only per motion.

7.4 Nominations for election to the Board and to the Committee and proposals for the agenda of the AGM must reach the Secretary, in writing, no less than 30 days prior to the date of the next AGM. Nominations for the Committee may be taken from the floor on the day of the AGM .

7.5 The order of the proceedings at an Annual General Meeting shall be to:

a. Adopt the Minutes of the previous AGM or EGM.

b. Approve the annual reports of the Committee members.

c. Approval of the accounts of the previous year

d. Approve the Auditors’ reports (if required).

e. Discharge the members of the outgoing Committee from their obligations.

f. Approve amendments to the Statutes

g. Elect the members of the new Committee.

h. Elect the Auditors.

i. Elect the members of the Board and of the Committee.

j. Approve the annual fees specified in article 6g above.

k. Approve the budget for the forthcoming year.

l. Consider and decide on applications for Honorary membership.

m. Debate and vote on proposals submitted to the agenda of the AGM.

7.6 Motions received from the floor shall be taken under “any other business”.

7.7 The Club President shall be the Chairman at an AGM or EGM. In the case of his or her absence the Vice-President shall replace him or her. In the absence of both, an acting Chairman shall be elected for the purpose of conducting the business of that AGM or EGM only.

7.8 The quorum shall be one-third of those members entitled to vote. (Vide Art. 7.3).

7.9 Voting at an AGM or EGM shall be carried by a simple majority of those members present and eligible to vote except where otherwise stated.

7.10 In the event of a tie, the Chairman shall have a casting vote.

8. The Extraordinary General Meeting

8.1 The Secretary shall summon an EGM of the Club at either the request of the AGM, the Committee, or upon receipt of a written, signed request by at least one-third of the Ordinary members. In all cases the purpose/s of the EGM shall be stated by the proponents. Such a meeting shall be held not later than six weeks after the receipt of such a request.

8.2 Members shall be notified of the date, venue and agenda of the EGM at least 14 days in advance of the meeting.

8.3 The agenda of an EGM, once fixed, shall not be altered.

8.4 The quorum shall be one half of the membership present and entitled to vote.

8.5 All decisions taken by an EGM shall be carried by two-thirds of the voting membership present.

8.6 The EGM shall abide by the relevant rules applicable to an AGM.

9. The Committee

9.1 The Committee shall be composed as a minimum of:

The President and Member of the Board,

The Vice-President and Member of the Board,

The Secretary and Member of the Board,

The Treasurer and Member of the Board.

9.2 The AGM may decide to admit additional members to the Committee for one year if this beneficial to the interests of the Club. Such members shall have the same voting rights as the other members.

9.3 The Committee shall meet as often as is necessary, and shall be responsible for:

a. Managing and administering the affairs of the Club, including its day-to-day business;

b. Deciding on all questions related to Club and for which the Statutes and/or Swiss law does not provide otherwise;

c. Executing action programs and implementing the decisions passed by the AGM, EGM or the Committee.

d. Formulating proposals for the attention of the AGM, preparing and placing on the agenda of all questions to be dealt with at the AGM;

e. Establishing and maintaining relations with St. Moritz Tourismus AG, local restaurants & hoteliers, Cricket Switzerland, other sporting authorities, and the media;

f. Planning and organising cricket matches involving St. Moritz CC as well as the annual ‘Cricket-on-Ice’ international tournament to be held on St. Moritz Lake.

9.4 Members of the Board shall be elected at the AGM and shall serve a term of five (3) years. Board members shall be individual members of Honorary or Ordinary status. Board members shall be eligible for re-election.

9.5 The Committee shall be elected at the AGM and shall serve a term of two (2) years (staggered so to ensure not all end at the same time). Committee members shall be individual members of Honorary or Ordinary status. Committee members shall be eligible for re-election.

9.5 The President shall convene and chair the Committee meetings. He or she shall have an ordinary vote on the Committee and whenever votes are equal, he or she shall exercise a casting vote.

9.6 The President may request the Vice-President, Secretary or Treasurer to act on his or her behalf during his or her absence.

9.7 The Committee may appoint other officers if necessary, during the then current season for specific purposes, but without the right to vote.

10. Finances

10.1 The Club financial year shall run from April 1st annually.

10.2 The Club shall operate as a not-for-profit organisation, financed by subscriptions, donations, sponsorship, gifts, and any other means determined by the AGM so as to ensure the solvency of the Club for both the then current season, and a minimum of one (1) season thereafter having paid due consideration to the direction of the Committee and its plans.

10.3 The Treasurer shall ensure that accounts are kept in proper order.

10.4 All available Club monies shall, after ratification at the AGM, be applied in support of Club objectives in a manner just and secure. The Committee shall be responsible for authorising any such application.

10.5 All expenses beyond budgeted expenditure (e.g., tours, visiting teams, donations, receptions, legal expenses) which exceed CHF2’500 shall require prior written authorization of the Committee.

10.6 The President and Treasurer jointly are authorised to sanction expense of up to CHF2’500 without reference to the Committee.

10.7 All payments made from the bank account of St. Moritz CC shall require dual authorization of two officers of the Board, nominally the President and/or the Treasurer plus one other member of the committee (including their deputies as may have previously been notified to both the Committee and to the Club’s Bank in writing).

11. Application of Funds

11.1 The funds of the Club shall be applied a follows:

a. The income and property of the Club whencesoever derived shall be utilised solely towards the promotion of the objectives as set forth in Art. 2 of these Statutes.

b. The Club shall not secure the services of any salaried officers unless previously sanctioned at an AGM.

c. Services rendered to the Club by all those holding office, other than reasonable expenses relating to travel and such other direct costs as incurred in performance of official duties, shall be on a voluntary basis in the best interests of cricket.

d. The funds of the Club shall be used for:

i. the base operating costs of the Club (e.g., insurance, communications fees, bank charges, professional services).

ii. tournament & competition expenses (e.g. purchase of pitch, balls, pads, and other such equipment) as well as ‘on-ice’ & refreshments, and ‘Gala Dinner’ services for the Cricket-on-Ice tournament.

iii. other direct expenses (e.g., telephone calls, stationery, postage, reasonable travel expenses, and stock purchases for the purpose of issuance to participating teams or for resale).

iv. other miscellaneous expenses, subject also to prior Committee approval if comprising a single charge in excess of CHF 2’500

12. Amendments to the Statutes

12.1 Proposals to amend these Statutes shall either be filed by the Committee or by a Member.

12.2 Any proposed amendment to these Statutes shall be sent in writing to the Secretary at least 30 days before the AGM or prior to the convening of an EGM. Any such proposal for amendment(s), other than those made by the Committee, shall require the support in writing of at least two other Members at the time of submitting the proposal.

12.3 All amendments to these Statutes shall be circulated to each Member 14 days before an AGM or at an EGM at which they shall be tabled for discussion.

12.4 Proposed changes to these Statutes require a two-thirds majority in favour by those present and entitled to vote at an AGM or EGM.

13. Dissolution

13.1 Any motion relating to the dissolution of the Club shall require the consent of at least two-thirds of those present and entitled to vote at an AGM or EGM (vide Art. 7.8). Such a motion shall be submitted to the Secretary, in writing by not less than one-third of the Members and bear the signatures of those submitting the motion.

13.2 In the event of the dissolution of the Club, the Board, the Club Committee or a sub-Committee previously appointed for this purpose at an AGM or EGM shall be responsible for implementing the dissolution.

13.3 The disposal or further use of the net assets, after meeting fully all payments & liabilities, shall be applied to the furtherance of sport or as may be decided at an AGM or EGM prior to dissolution.

13.4 In no case shall Members claim that the assets are divided amongst the members.

13.5 The financial liability of each member of the Club shall not exceed in total an amount greater than the Club annual Ordinary membership fee.

14. Entry into Force

14.1 The Club’s Statutes shall be effective immediately upon adoption.

14.2 Amendments to the Club’s Statutes shall be effective immediately upon adoption.

15. Language

15.1 The original language of the Constitution shall be English. Translations into official national Swiss languages may be approved at an AGM.

15.2 All Club business, including the AGM, the EGM, and the Committee meetings, shall be conducted in English. Documentation may be translated into German, French or Italian where deemed necessary.

16. Final Provisions

16.1 The Club assumes no responsibility nor liability whatsoever for any accidents occurring before, during, or after a Club event neither to players, nor officials, nor spectators, nor third parties.

16.2 Every member joining the Club shall be deemed to have read the Statues and rules of the Club and shall be bound by them as well as the decisions made and directives given by the responsible Club officers.

APPENDIX A to the St. Moritz Cricket Club Statutes

DUTIES AND RESPONSIBIITIES OF THE COMMITTEE MEMBERS

A1. Duties and responsibilities of Committee Members

The President represents St. Moritz Cricket Club to cricketing organizations and institutions such as local authorities, Federal Sport-Amt, the media and at international cricket meetings. He/she shall be prepared to act and guide his/her colleagues in the Committee to promote cricket in St. Moritz, Switzerland. He/she shall chair all meetings of the Committee. He/she shall maintain good relations with the external sporting and other local authorities.

The Vice-President - pending (wording to be approved by Committee)

The Secretary shall organize the meetings of the Committee, preparing their agendas, taking and distributing the minutes. He/she shall assist the President with relations with external sporting and other authorities.

The Treasurer shall keep accurate records of the accounts of the financial transactions of St. Moritz Cricket Club. He/she shall prepare and present to the AGM a budget for the forthcoming financial year and shall be responsible for keeping to the budget. He/she shall verify that payments for Ordinary membership and competitions & tournament participation fees are received in due time and shall inform the Committee of matters that are within their purview.