Riva
Riva Society Nederland
1 Name and foundation.
On October 23rd 1998, in Paratico, in via Mazzini, 48, a free Association was founded in accordance to Italian laws and specifically articles 36 and following of the Italian Civil Laws under the name of: "Riva Historical Society", registered name and abbreviation of RHS.
Constitutive act, registered in Chiari November 6th, 1998, number 68 of registry155, collection N° 23028, of "Notaio" Francesco Bonardi.
2 Location
The Association's location is in Milan, Italy, in Via Fratelli Salvioni at number 14.
National or regional departments and offices may be constituted.
3 Objective
The subject of the Association is the conservation of Riva boats (the boats built by the Riva Yard of Sarnico) and of the technical and cultural wealth that they represent; the promotion and collection of research and studies, the encouragement and the assistance for the conservation and restoration, in the full respect of the original criteria; the keeping of the international Riva Historical Registry; the assistance for the creation and the development of National and regional departments (Chapters), the coordination and assistance to their activities, the appointment of or the organization of local and international events ("Riva Days" with the relative protection of the trade mark); and the traditional promotional and racing boating activity.
The intent of the Association is to install active relations with other similar associations both Italian and foreign, that share similar objectives, in order to affiliate or participate or offer participation or affiliation or cooperate with these subjects.
National and regional delegations (Chapters) must abide with the statutes and regulation of the local boating federations (F.I.M. in Italy).
The Association may not commercially operate and has no political or economic objectives.
4 Flag and Logo.
The Associations' distinctive logo is constituted by a Riva runabout on a background that is turquoise in its superior half and blue in its inferior half with the Riva trade Mark in its wake and "Historical Society" arched below it, as registered..
5 Members
The Association is composed of 4 categories: Founder Members¸ Senator Members, Members and Honorary Members.
Honorary President is Ing. H.C. Carlo Riva.
The Founder members are those individuals who founded the Association with Carlo Riva and Piero Gibellini and those individuals who joined the club in the following 15 days. (enclosed list)
The Senator members are the Founder members who ask to join this category within 30 days after the approval of this Statute and pay the relevant fee and the individuals, suggested by all categories of members with voting power, admitted in this category with 4/5 of the Board of Directors' favourable votes. There can be up to 25 at one time in the Association.
The Members the RHS' Chapters, which are authorised to use the RHS logo.
Honorary Members are those associations or individuals admitted by the Board of Directors for special merits towards the object of the Association.
6 Admission.
All those individuals and non profit associations that abide by this statute, RHS' internal rules, its Board of Directors' decisions, and that regularly pay a yearly fee not inferior to that decided by the Board of Directors for their category, may ask to join the RHS, within the allowed categories. For Chapters the annual fee will be fixed in relation to the number of their members. The Board of Directors always decides admission. The Board of Directors determines annual fees.
The decision of admission or of non admission of a member or an individual must by communicated by fax to all members and to the would be member: he, or any other member, may appeal to the Board of Arbiters within 15 days from the receipt of the fax. The Board of Arbiters will have to decide within 30 days of the appeal, after having heard the appellant, the would be member and the members of the Board of Directors. The inscription will be in effect after 30 days from the decision of admission, if this has not been opposed, or, in this last case, after 30 days from the decision of the Board of Arbiters
Every member has a vote independently of the fees paid, except for Honorary members that do not have the right to vote. Honorary Members are exempted from paying fees. Members are not liable beyond the amount of their fees. The fee cannot be passed onto others or re-evaluated.
It is expressly forbidden to participate to the Association and its life on a temporary basis.
It is excluded any form of reimbursement in case of exit from the Association.
7 Rights and duties of members.
With the exclusion of Honorary members, all members, independently the category they belong to, once admitted to the RHS acquire the right to participate in the Association's assemblies with the right to exercise their active vote if not overdue with the yearly fees.
Passive electorate may be exercised only after three years of uninterrupted association to the RHS
The yearly fee is to be paid within January 30th every year, after this date the member is considered to be overdue.
Chapters are independently and subjectively responsible under all aspects, legal and not, of their acts and their obligations assumed against third parties, according to applicable local laws and in no way can the RHS be considered co-responsible for the acts of its Chapters and members.
A member looses his position for death, resignation, when overdue, or for conduct incompatible with the Social objectives of the RHS (indignity, immoral behaviour, sport illicit, use of the RHS for commercial purposes).
The exclusion of a member for incompatible behaviour with the RHS' objectives is to be deliberated by the Board of Directors. In case of overdue fees, these must be overdue after June 30th of the year they refer to. The decision of expulsion must be communicated to the member.
Against the decision of expulsion a member may appeal to the Board of Arbiters, within 15 days, that will have to decide within 30 days from the appeal, after hearing both the appellant and the President of the Board of Directors
All members have the right to use the Social pertinence and to participate in all Social activities as deemed by the Board of Directors.
8 Property.
The Association can be financed for its objectives as follows:
a) Members' fees;
b) Offers from members or non-members. Members and non-members making offers acquire the title of "Benemeriti" of the RHS, and may be listed in a specific register,
c) as from the revenues of activities listed in point 3 of this statute;
d) from any other entry that may concur to increase the Association's funds.
9 Financial year.
The financial year ends on October 23rd of every year.
Within April 30th of the following year, the Board of Directors will have to seek the General Assembly's approval for the previous year's economic management, with a financial report of the past and next years. The date of April 30th may be postponed to June 30th with the Board of Director's motivated decision for exceptional reasons.
The past years conclusive balance sheet, its accompanying report and the next year budget must remain exhibited within the Association's headquarters for 15 days prior to the date of the assembly called to approve them.
Revenues and positive economic results, funds, reserves and capital cannot be distributed, even indirectly, during the association's life, except for provisions of law.
10 Association's governing bodies.
The following are Executive Bodies:
a) The Assembly of members;
b) The Board of Directors;
c) The President;
d) The Vice President;
e) The Secretary;
The following are Technical bodies:
The Board of the Auditors.
The following are Justice bodies:
The Board of the Arbiters,
The following are Operative bodies:
a) Technical and Functional Commissions,
b) Area Delegations or those necessary to create new Chapters.
All positions within the Associations are held gratuitously.
No one who has commercial or professional interests relative to the boating world can be eligible to any of the Association's positions (Shipyard members or employees, Restorers, Dealers brokers etc…)
The General Assembly.
The Assembly is composed of all the Association's category of paying members. The President of the Board of Directors calls it within the end of April, except when the Board of Directors itself uses the faculty to postpone the date of the call of the assembly, for the approval of the budget, to the end of June.
The Assembly may also be called to meet any time the President of the Board of Directors feels it is necessary.
The Assembly may be called to meet by the means of individual letter sent by post at least 15 days before the date of the meeting, or by fax or electronic mail (after receiving an answer of confirmation of reception) at least ten days before the date of the meeting, and must indicate the matters to be discussed.
The following are competencies of the Assembly:
a) the approval of the previous year's budget, the next year's budget, and the annual report of the Board of Directors;
b) the election of the Board of Directors; its President and vice-President;
d) the election of the Board of Auditors;
e) the election of the Board of Arbiters;
f) the decision about any issues inherent to the Association's activities that the Board of Directors deems necessary to ask the Assembly to express itself;
g) the modifications to this statute and the end of the Association.
Any Member may represent other members (maximum 2) in the Assembly by a written mandate. Any one member may not represent in the Assembly more than a total three members including him.
To the purpose of the decisions taken by the Assembly the principle of the single vote, as expressed in article 2352, second comma, of the Civil Code of Italian Laws, is valid.
The Assembly is presided by the President of the Board of Directors and in case of his impediment by the Vice President or the eldest amongst the Senator members.
Members overdue with the payment of their fees cannot participate to the Assemblies.
The Ordinary and Extraordinary Assemblies are validly called which ever is the number of the members that are present and the decisions are taken with the favourable vote of 50% + 1 of the present members, with the exception of what is contemplated in point 12 in ref3erence to the end of the Association.
If it is expressly indicated thus in the convocation of the Assembly, then members may express their vote by ordinary mail or fax on the matters to be discussed, providing their vote expressed by these means arrives to the Assembly before the time it was called to meet.
Decisions will be taken when the necessary and above indicated majorities have been reached, counting the total number of members present and members that have managed to have their fax or letter received in time.
13 Duration.
The Association has unlimited duration.
To end the Association it is necessary a favourable vote of at least 4/5 of the members that are not overdue with their fees.
The Board of Directors.
The Board of Directors is composed of 9 members, amongst which the Honorary President is a member by statutory rights.
Within the Board of Directors 6 members (including the Honorary President, Ing. Carlo Riva, and the President of The Board of Directors) must be elected by the General Assembly within the category of the Senator Members.
Within the Board of Directors the remaining 3 members must be elected by the General Assembly within the Chapters representatives.
The Board of Directors' mandate lasts for 3 years.
The members of the Board of Directors are re-eligible.
In case of ceasing of one or more of the Directors before the end of the mandate the Board of Directors has the faculty to choose a substitute - to be chosen within the same category of the Director to be replaced - that will remain in this position until the next Assembly.
The Board of Directors' meetings may be called by the means of a letter sent by post, fax or electronic mail (after receiving an answer of confirmation of reception), indicating the issues to be discussed and must be sent to the members of the Board of Directors at least three days before the meeting, (or, in case of urgencies, the convocation of the meeting may be made by phone the day before)
The meetings of the Board of Directors are presided by the President or the vice-President as his deputy.
Members of the Board of Directors may express their vote also by fax and electronic mail (after receiving an answer of confirmation of reception). Members of the Board of Directors may not receive mandates to represent other Directors within its meetings.
The Board of Directors is validly called to decide if it meets with half of its components and votes with the favour of the majority counting both its members that are physically present and those that have expressed their vote by the means of fax or electronic mail.
The Board of Directors names the Association's positions, when they have not been named by the General Assembly.
The ordinary and extraordinary direction of the Association, the promotion and the organisation of the Social activities, the admission and exclusion of members, the use of the means to reach the Association's objective as in this statute, the appointment of the Board of Directors' secretary (amongst its members or amongst other members of the association) are all managed and governed by the Board of Directors.
The Board of Directors determines the amount of the yearly fees.
The Board of Directors may delegate part of its powers to one or more of its members or to one of the Operative Bodies of the Association for specific tasks and issues.
The Operative Bodies of the Association are appointed and named by The Board of Directors.
Each Member of the Board of Directors looses his position if he is unjustifiably absent, and without having prior expressed his vote as permitted, for 3 consecutive meetings of the Board of Directors in one year.
Members of the Governing Bodies of the Association may not be appointed to governing or directive positions in other historic or motor boat associations, that are not recognised as RHS' Chapters.
In the case that the members of the Governing Bodies of the Association are also members of Governing Bodies of the Association's Chapters then these members must refrain from voting in all decisions concerning or inherent to the Chapter they also belong to.
The Board of Directors may recall any member of the Association, of any category, to the observance of the spirit and the letter of the statute, warning them that in case of perseverance of those behaviour deemed incompatible the Board of Directors may invoke the expulsion procedure indicated in this statute (paragraph number 7).
14 Honorary President.
Carlo Riva is the Honorary President of the Association for life, and has a right to vote in the Board of Directors.
15 President.
The legal representative of the Association is borne by the President of the Board of Directors; he is entitled to the free signature in the name of the Association and may name procurators for legal disputes inherent the Association.
The President calls for the meetings of the Board of Directors, he superintends the implementation of the decisions taken and the administrative management, and he superintends the activity of all the Association's Bodies with the exception of those of Justice.
The President is responsible together with the Board of Directors towards the General Assembly for meeting the Social objective
The President manages the payment of the expenses as determined in the financial budget and as determined by the legitimate decisions of the Board of Directors.
The President acts as demanded to him by the present statute, the Association's regulations, and, by mandate, by the Board of Directors.
16 Vice President.
To the Vice President of the Board of Directors are mandated the functions of delegate of the President, when the latter is impeded.
17 Secretary.
The Board of Directors appoints the Secretary of the Board of Directors. He may vote in its meetings only if he is chosen amongst the members of the Board of Directors.
The Secretary writes the minutes of the meetings of the Board of Directors and of the Assemblies, helps the President in the execution of the decisions of the Board of Directors and in the ordinary management of the Association.
The Secretary may exert other functions to him demanded by the Board of Directors; he compiles the first copy of the previous year's budget and the next year's budget to be presented for the discussion to the General Assembly.
The Secretary ceases his functions in case of resignation or revocation of his mandate by the Board of Directors.
18 The Board of the Auditors.
The Board of the Auditors is composed of three members that may be elected also amongst non-members of the Association and appoints its own President.
The Board of the Auditors has auditing functions for the financial management, and relates to the General Assembly.
The Board of the Auditors mandate lasts for three years and its members are re-eligible.
19 The Board of the Arbiters.
The Board of the Arbiters is composed of three Senator members, and appoints its own President.
The Board of the Arbiters has the function to evaluate and determine the member's behaviour, and particularly those called to answer to specific disciplinary issues by the Board of Directors.
The Board of the Arbiters decides in relation to behaviours, acts or issues related to members, between the Association and its members, or between members themselves inherent the interests of the Association and its Chapters. No member is allowed to seek justice outside the Board of Arbiters.
The Board of the Arbiters decides in relation to appeals inherent the admittance or exclusion of members, the revoke of the permission to use the name RHS and the Association's logo and trade marks.
The Board of the Arbiters must safeguard the right of the appellants to perform all the actions that the appellant deems necessary or useful for his case.
No appeal is allowed against the final decisions of the Board of the Arbiters.
20 Chapters.
The Chapter Members of the Association will use the names:
"Riva Club of ......, RHS Chapter of ......".
The Chapters (that are members) of the RHS may be area or national. These must be no profit associations, and their statute must not contain elements in conflict with this statute of the RHS. Each such member (or Chapter) must designate a representative towards the RHS. The representative must be a physical persona and can be the President of the Board of Directors of the Chapter or any member of the Board of Directors of that Chapter.
Chapters must abide to all parts the RHS statute and regulations, must be independent (from every fiscal and capital aspect), must use the RHS logo, flag and name as indicated in this statute and regulations, must renounce to the commercial use of the Riva Logo, and must designate a legal representative.
A Chapter may be created with a minimum of 10 members that make specific request of adhesion.
Every Chapter must correspond to the RHS a fixed fee and a variable fee according to the number of its members as indicated annually by the RHS Board of Directors.
No other RHS Chapter may be created in a country where already exists an RHS Chapter; local sections of that Chapter may exist but its members must all vote in the same assembly and for the same Board of Directors.
The only exceptions are made in the following cases, when both cases exist together, and only after a decision of the Board of Directors of the RHS:
21 Regulations
The Board of Directors creates and adopts a Comprehensive Rule of the Association to deal with all matters inherent the RHS not dealt with within this statute and, as an example, concerning activities, evaluation system for boats, the functioning of the Governing Bodies of the RHS, and the functioning of its Chapters.
22 End of the Association.
In case of end of the life of the RHS, for any cause, the remaining capital of the Association will be donated by the Board of Directors towards the objective of the Association, and it is explicitly excluded the possibility of a reimbursement to the members of the RHS.
The donation of the capital must be in favour of other associations that have similar objectives or for public utility, after having heard the opinion of the controlling body as per article n°3, comma 190, of the Law 23 December 1966 n° 622, except in case of different imposition by a state law at the time of end.
The choice of the beneficiary association that should receive the capital of the RHS, and in case of more than one option, the choice must be done in favour of that association that will offer the best guaranties for the conservation of the International Riva Historical Registry, of its historical and photographic documentation, of the RHS' library, and, if possible, to that association that will guarantee the best possible continuation of the Registry and the collection of documents and books.
23 Effectiveness of this statute.
This statute will enter into force the day after its approval by the General Assembly
24 Transitory clause.
1. RIVA CLUB ITALIA - Italian Chapter of RHS: it is the home of those owners and amateurs of the marque that have no reference Chapter in their country, and/or, though having a reference chapter, have reasons, logistic or geographic, or anyhow valid reasons, to enrol in the Riva Club Italy. As all other Chapters the Riva Club Italy has one vote in the RHS General Assembly of members. It will be governed by the statute that its founding members will create and adopt, with its future modifications as determined by its General Assembly.
2. Those individuals that are today members of the RHS with the exception of Founder members and Senator Members may renew their membership to the RHS until 23/10/2001. After this date, if these members have not yet chosen a Chapter in which to apply for membership, their membership will be automatically considered as paid for the Riva Club Italia - Italian Chapter of RHS of which they will become members.
1 Name and foundation.
On October 23rd 1998, in Paratico, in via Mazzini, 48, a free Association was founded in accordance to Italian laws and specifically articles 36 and following of the Italian Civil Laws under the name of: "Riva Historical Society", registered name and abbreviation of RHS.
Constitutive act, registered in Chiari November 6th, 1998, number 68 of registry155, collection N° 23028, of "Notaio" Francesco Bonardi.
2 Location
The Association's location is in Milan, Italy, in Via Fratelli Salvioni at number 14.
National or regional departments and offices may be constituted.
3 Objective
The subject of the Association is the conservation of Riva boats (the boats built by the Riva Yard of Sarnico) and of the technical and cultural wealth that they represent; the promotion and collection of research and studies, the encouragement and the assistance for the conservation and restoration, in the full respect of the original criteria; the keeping of the international Riva Historical Registry; the assistance for the creation and the development of National and regional departments (Chapters), the coordination and assistance to their activities, the appointment of or the organization of local and international events ("Riva Days" with the relative protection of the trade mark); and the traditional promotional and racing boating activity.
The intent of the Association is to install active relations with other similar associations both Italian and foreign, that share similar objectives, in order to affiliate or participate or offer participation or affiliation or cooperate with these subjects.
National and regional delegations (Chapters) must abide with the statutes and regulation of the local boating federations (F.I.M. in Italy).
The Association may not commercially operate and has no political or economic objectives.
4 Flag and Logo.
The Associations' distinctive logo is constituted by a Riva runabout on a background that is turquoise in its superior half and blue in its inferior half with the Riva trade Mark in its wake and "Historical Society" arched below it, as registered..
5 Members
The Association is composed of 4 categories: Founder Members¸ Senator Members, Members and Honorary Members.
Honorary President is Ing. H.C. Carlo Riva.
The Founder members are those individuals who founded the Association with Carlo Riva and Piero Gibellini and those individuals who joined the club in the following 15 days. (enclosed list)
The Senator members are the Founder members who ask to join this category within 30 days after the approval of this Statute and pay the relevant fee and the individuals, suggested by all categories of members with voting power, admitted in this category with 4/5 of the Board of Directors' favourable votes. There can be up to 25 at one time in the Association.
The Members the RHS' Chapters, which are authorised to use the RHS logo.
Honorary Members are those associations or individuals admitted by the Board of Directors for special merits towards the object of the Association.
6 Admission.
All those individuals and non profit associations that abide by this statute, RHS' internal rules, its Board of Directors' decisions, and that regularly pay a yearly fee not inferior to that decided by the Board of Directors for their category, may ask to join the RHS, within the allowed categories. For Chapters the annual fee will be fixed in relation to the number of their members. The Board of Directors always decides admission. The Board of Directors determines annual fees.
The decision of admission or of non admission of a member or an individual must by communicated by fax to all members and to the would be member: he, or any other member, may appeal to the Board of Arbiters within 15 days from the receipt of the fax. The Board of Arbiters will have to decide within 30 days of the appeal, after having heard the appellant, the would be member and the members of the Board of Directors. The inscription will be in effect after 30 days from the decision of admission, if this has not been opposed, or, in this last case, after 30 days from the decision of the Board of Arbiters
Every member has a vote independently of the fees paid, except for Honorary members that do not have the right to vote. Honorary Members are exempted from paying fees. Members are not liable beyond the amount of their fees. The fee cannot be passed onto others or re-evaluated.
It is expressly forbidden to participate to the Association and its life on a temporary basis.
It is excluded any form of reimbursement in case of exit from the Association.
7 Rights and duties of members.
With the exclusion of Honorary members, all members, independently the category they belong to, once admitted to the RHS acquire the right to participate in the Association's assemblies with the right to exercise their active vote if not overdue with the yearly fees.
Passive electorate may be exercised only after three years of uninterrupted association to the RHS
The yearly fee is to be paid within January 30th every year, after this date the member is considered to be overdue.
Chapters are independently and subjectively responsible under all aspects, legal and not, of their acts and their obligations assumed against third parties, according to applicable local laws and in no way can the RHS be considered co-responsible for the acts of its Chapters and members.
A member looses his position for death, resignation, when overdue, or for conduct incompatible with the Social objectives of the RHS (indignity, immoral behaviour, sport illicit, use of the RHS for commercial purposes).
The exclusion of a member for incompatible behaviour with the RHS' objectives is to be deliberated by the Board of Directors. In case of overdue fees, these must be overdue after June 30th of the year they refer to. The decision of expulsion must be communicated to the member.
Against the decision of expulsion a member may appeal to the Board of Arbiters, within 15 days, that will have to decide within 30 days from the appeal, after hearing both the appellant and the President of the Board of Directors
All members have the right to use the Social pertinence and to participate in all Social activities as deemed by the Board of Directors.
8 Property.
The Association can be financed for its objectives as follows:
a) Members' fees;
b) Offers from members or non-members. Members and non-members making offers acquire the title of "Benemeriti" of the RHS, and may be listed in a specific register,
c) as from the revenues of activities listed in point 3 of this statute;
d) from any other entry that may concur to increase the Association's funds.
9 Financial year.
The financial year ends on October 23rd of every year.
Within April 30th of the following year, the Board of Directors will have to seek the General Assembly's approval for the previous year's economic management, with a financial report of the past and next years. The date of April 30th may be postponed to June 30th with the Board of Director's motivated decision for exceptional reasons.
The past years conclusive balance sheet, its accompanying report and the next year budget must remain exhibited within the Association's headquarters for 15 days prior to the date of the assembly called to approve them.
Revenues and positive economic results, funds, reserves and capital cannot be distributed, even indirectly, during the association's life, except for provisions of law.
10 Association's governing bodies.
The following are Executive Bodies:
a) The Assembly of members;
b) The Board of Directors;
c) The President;
d) The Vice President;
e) The Secretary;
The following are Technical bodies:
The Board of the Auditors.
The following are Justice bodies:
The Board of the Arbiters,
The following are Operative bodies:
a) Technical and Functional Commissions,
b) Area Delegations or those necessary to create new Chapters.
All positions within the Associations are held gratuitously.
No one who has commercial or professional interests relative to the boating world can be eligible to any of the Association's positions (Shipyard members or employees, Restorers, Dealers brokers etc…)
The General Assembly.
The Assembly is composed of all the Association's category of paying members. The President of the Board of Directors calls it within the end of April, except when the Board of Directors itself uses the faculty to postpone the date of the call of the assembly, for the approval of the budget, to the end of June.
The Assembly may also be called to meet any time the President of the Board of Directors feels it is necessary.
The Assembly may be called to meet by the means of individual letter sent by post at least 15 days before the date of the meeting, or by fax or electronic mail (after receiving an answer of confirmation of reception) at least ten days before the date of the meeting, and must indicate the matters to be discussed.
The following are competencies of the Assembly:
a) the approval of the previous year's budget, the next year's budget, and the annual report of the Board of Directors;
b) the election of the Board of Directors; its President and vice-President;
d) the election of the Board of Auditors;
e) the election of the Board of Arbiters;
f) the decision about any issues inherent to the Association's activities that the Board of Directors deems necessary to ask the Assembly to express itself;
g) the modifications to this statute and the end of the Association.
Any Member may represent other members (maximum 2) in the Assembly by a written mandate. Any one member may not represent in the Assembly more than a total three members including him.
To the purpose of the decisions taken by the Assembly the principle of the single vote, as expressed in article 2352, second comma, of the Civil Code of Italian Laws, is valid.
The Assembly is presided by the President of the Board of Directors and in case of his impediment by the Vice President or the eldest amongst the Senator members.
Members overdue with the payment of their fees cannot participate to the Assemblies.
The Ordinary and Extraordinary Assemblies are validly called which ever is the number of the members that are present and the decisions are taken with the favourable vote of 50% + 1 of the present members, with the exception of what is contemplated in point 12 in ref3erence to the end of the Association.
If it is expressly indicated thus in the convocation of the Assembly, then members may express their vote by ordinary mail or fax on the matters to be discussed, providing their vote expressed by these means arrives to the Assembly before the time it was called to meet.
Decisions will be taken when the necessary and above indicated majorities have been reached, counting the total number of members present and members that have managed to have their fax or letter received in time.
13 Duration.
The Association has unlimited duration.
To end the Association it is necessary a favourable vote of at least 4/5 of the members that are not overdue with their fees.
The Board of Directors.
The Board of Directors is composed of 9 members, amongst which the Honorary President is a member by statutory rights.
Within the Board of Directors 6 members (including the Honorary President, Ing. Carlo Riva, and the President of The Board of Directors) must be elected by the General Assembly within the category of the Senator Members.
Within the Board of Directors the remaining 3 members must be elected by the General Assembly within the Chapters representatives.
The Board of Directors' mandate lasts for 3 years.
The members of the Board of Directors are re-eligible.
In case of ceasing of one or more of the Directors before the end of the mandate the Board of Directors has the faculty to choose a substitute - to be chosen within the same category of the Director to be replaced - that will remain in this position until the next Assembly.
The Board of Directors' meetings may be called by the means of a letter sent by post, fax or electronic mail (after receiving an answer of confirmation of reception), indicating the issues to be discussed and must be sent to the members of the Board of Directors at least three days before the meeting, (or, in case of urgencies, the convocation of the meeting may be made by phone the day before)
The meetings of the Board of Directors are presided by the President or the vice-President as his deputy.
Members of the Board of Directors may express their vote also by fax and electronic mail (after receiving an answer of confirmation of reception). Members of the Board of Directors may not receive mandates to represent other Directors within its meetings.
The Board of Directors is validly called to decide if it meets with half of its components and votes with the favour of the majority counting both its members that are physically present and those that have expressed their vote by the means of fax or electronic mail.
The Board of Directors names the Association's positions, when they have not been named by the General Assembly.
The ordinary and extraordinary direction of the Association, the promotion and the organisation of the Social activities, the admission and exclusion of members, the use of the means to reach the Association's objective as in this statute, the appointment of the Board of Directors' secretary (amongst its members or amongst other members of the association) are all managed and governed by the Board of Directors.
The Board of Directors determines the amount of the yearly fees.
The Board of Directors may delegate part of its powers to one or more of its members or to one of the Operative Bodies of the Association for specific tasks and issues.
The Operative Bodies of the Association are appointed and named by The Board of Directors.
Each Member of the Board of Directors looses his position if he is unjustifiably absent, and without having prior expressed his vote as permitted, for 3 consecutive meetings of the Board of Directors in one year.
Members of the Governing Bodies of the Association may not be appointed to governing or directive positions in other historic or motor boat associations, that are not recognised as RHS' Chapters.
In the case that the members of the Governing Bodies of the Association are also members of Governing Bodies of the Association's Chapters then these members must refrain from voting in all decisions concerning or inherent to the Chapter they also belong to.
The Board of Directors may recall any member of the Association, of any category, to the observance of the spirit and the letter of the statute, warning them that in case of perseverance of those behaviour deemed incompatible the Board of Directors may invoke the expulsion procedure indicated in this statute (paragraph number 7).
14 Honorary President.
Carlo Riva is the Honorary President of the Association for life, and has a right to vote in the Board of Directors.
15 President.
The legal representative of the Association is borne by the President of the Board of Directors; he is entitled to the free signature in the name of the Association and may name procurators for legal disputes inherent the Association.
The President calls for the meetings of the Board of Directors, he superintends the implementation of the decisions taken and the administrative management, and he superintends the activity of all the Association's Bodies with the exception of those of Justice.
The President is responsible together with the Board of Directors towards the General Assembly for meeting the Social objective
The President manages the payment of the expenses as determined in the financial budget and as determined by the legitimate decisions of the Board of Directors.
The President acts as demanded to him by the present statute, the Association's regulations, and, by mandate, by the Board of Directors.
16 Vice President.
To the Vice President of the Board of Directors are mandated the functions of delegate of the President, when the latter is impeded.
17 Secretary.
The Board of Directors appoints the Secretary of the Board of Directors. He may vote in its meetings only if he is chosen amongst the members of the Board of Directors.
The Secretary writes the minutes of the meetings of the Board of Directors and of the Assemblies, helps the President in the execution of the decisions of the Board of Directors and in the ordinary management of the Association.
The Secretary may exert other functions to him demanded by the Board of Directors; he compiles the first copy of the previous year's budget and the next year's budget to be presented for the discussion to the General Assembly.
The Secretary ceases his functions in case of resignation or revocation of his mandate by the Board of Directors.
18 The Board of the Auditors.
The Board of the Auditors is composed of three members that may be elected also amongst non-members of the Association and appoints its own President.
The Board of the Auditors has auditing functions for the financial management, and relates to the General Assembly.
The Board of the Auditors mandate lasts for three years and its members are re-eligible.
19 The Board of the Arbiters.
The Board of the Arbiters is composed of three Senator members, and appoints its own President.
The Board of the Arbiters has the function to evaluate and determine the member's behaviour, and particularly those called to answer to specific disciplinary issues by the Board of Directors.
The Board of the Arbiters decides in relation to behaviours, acts or issues related to members, between the Association and its members, or between members themselves inherent the interests of the Association and its Chapters. No member is allowed to seek justice outside the Board of Arbiters.
The Board of the Arbiters decides in relation to appeals inherent the admittance or exclusion of members, the revoke of the permission to use the name RHS and the Association's logo and trade marks.
The Board of the Arbiters must safeguard the right of the appellants to perform all the actions that the appellant deems necessary or useful for his case.
No appeal is allowed against the final decisions of the Board of the Arbiters.
20 Chapters.
The Chapter Members of the Association will use the names:
"Riva Club of ......, RHS Chapter of ......".
The Chapters (that are members) of the RHS may be area or national. These must be no profit associations, and their statute must not contain elements in conflict with this statute of the RHS. Each such member (or Chapter) must designate a representative towards the RHS. The representative must be a physical persona and can be the President of the Board of Directors of the Chapter or any member of the Board of Directors of that Chapter.
Chapters must abide to all parts the RHS statute and regulations, must be independent (from every fiscal and capital aspect), must use the RHS logo, flag and name as indicated in this statute and regulations, must renounce to the commercial use of the Riva Logo, and must designate a legal representative.
A Chapter may be created with a minimum of 10 members that make specific request of adhesion.
Every Chapter must correspond to the RHS a fixed fee and a variable fee according to the number of its members as indicated annually by the RHS Board of Directors.
No other RHS Chapter may be created in a country where already exists an RHS Chapter; local sections of that Chapter may exist but its members must all vote in the same assembly and for the same Board of Directors.
The only exceptions are made in the following cases, when both cases exist together, and only after a decision of the Board of Directors of the RHS:
- The existing Chapter must count at least 30 members AND the new Chapter must count at least 20 new members that desire to create a new Chapter, AND that there are logistic or geographic reasons sufficient to justify the birth of a new National Chapter
- that the existing Chapter does not oppose the birth of the new Chapter, with valid reasons. If the existing chapter has opposed the entrance in RHS of the new one, and the new chapter insists in being accepted, the Board of Directors will appeal to the Board of Arbiters, that will have to decide within 30 days.
21 Regulations
The Board of Directors creates and adopts a Comprehensive Rule of the Association to deal with all matters inherent the RHS not dealt with within this statute and, as an example, concerning activities, evaluation system for boats, the functioning of the Governing Bodies of the RHS, and the functioning of its Chapters.
22 End of the Association.
In case of end of the life of the RHS, for any cause, the remaining capital of the Association will be donated by the Board of Directors towards the objective of the Association, and it is explicitly excluded the possibility of a reimbursement to the members of the RHS.
The donation of the capital must be in favour of other associations that have similar objectives or for public utility, after having heard the opinion of the controlling body as per article n°3, comma 190, of the Law 23 December 1966 n° 622, except in case of different imposition by a state law at the time of end.
The choice of the beneficiary association that should receive the capital of the RHS, and in case of more than one option, the choice must be done in favour of that association that will offer the best guaranties for the conservation of the International Riva Historical Registry, of its historical and photographic documentation, of the RHS' library, and, if possible, to that association that will guarantee the best possible continuation of the Registry and the collection of documents and books.
23 Effectiveness of this statute.
This statute will enter into force the day after its approval by the General Assembly
24 Transitory clause.
1. RIVA CLUB ITALIA - Italian Chapter of RHS: it is the home of those owners and amateurs of the marque that have no reference Chapter in their country, and/or, though having a reference chapter, have reasons, logistic or geographic, or anyhow valid reasons, to enrol in the Riva Club Italy. As all other Chapters the Riva Club Italy has one vote in the RHS General Assembly of members. It will be governed by the statute that its founding members will create and adopt, with its future modifications as determined by its General Assembly.
2. Those individuals that are today members of the RHS with the exception of Founder members and Senator Members may renew their membership to the RHS until 23/10/2001. After this date, if these members have not yet chosen a Chapter in which to apply for membership, their membership will be automatically considered as paid for the Riva Club Italia - Italian Chapter of RHS of which they will become members.
