IPCA STATUTES
(2019)
I. Chapter. General principles.
1. Article. Name of the Association.
1.1. The name of the Association is the “International Physically Disabled Chess Association” (“IPCA” as an abbreviation).
1.2. The IPCA was founded in 1992 in Czech Republic and it is the only international chess organization of the chess players with physical disability in the world, recognized by the International Chess Federation (FIDE).
1.3. The IPCA is the highest authority in the chess matters of the physically disabled people.
2. Article. Legal status.
2.1. The IPCA is constituted under the protection of the Spanish Law 2/2011 of 22nd March 2011, of the Valencian Government about Sports and Physical Activity of the Valencian Community and will be governed by this Law by Royal Decree 177/1981 of 16th January 1981, on Sports Clubs and Sports Federations, as applicable and for all other regional and state provisions that are in force and are applicable;
2.2. Likewise, the IPCA will be governed by these Statutes and by the Regulations and Provisions of the Sports Federation or the Federations of the Valencian Community to which it is attached, and failing that, by the provisions of the FIDE, as well as by the internal regimen regulations or others that will be approved by the IPCA Congress.
2.3. The IPCA complies and recognizes the Statutes and rules of the Sports Federations of the Valencian Community or the Federations to which it is affiliated.
3. Article. Registration of office.
3.1. The IPCA Office is registered in 03185 Torrevieja (Alicante), Spain, in Don Juan de Asturia Street, 11, Door 5, with address for the purposes of notification in 127549 Moscow, Russia, in Muranovskaya Street, number 4, Apt. 21, having to report, in case of variation, to the Registry of Sports Entities of the Valencian Community.
3.2. The residence of the IPCA Office will be located in the residence site of the IPCA President.
4. Article. Foundation of activity.
4.1. The IPCA is a non-profit organization.
4.2. The IPCA is founded on the principles of equality and non-discrimination of anybody for national, political, racial, religious or social reasons or on account of gender.
5. Article. Chess as main sports activity.
5.1. The IPCA practices the chess as the main sport.
5.2. The IPCA Congress or in the appropriate cases the duly authorized the IPCA Presidential Council may agree to the creation as many sports sections as the number of specific sports will be practiced in the Association, which have to be affiliated to the respective federations and reported such creation to the Registry of Sports Entities of the Valencian Community through a certificate issued by the IPCA General Secretary with the approval of the IPCA President.
6. Article. Purposes.
6.1. Popularization, promoting and cultivating of the chess game among people with physical disability of all nations on the international basics.
6.2. Organizing of the stationary and / or online IPCA chess competitions:
a) IPCA World Individual and Team Chess Championships,
b) IPCA World Chess Olympiads,
c) IPCA World Chess Cups,
d) IPCA International Chess Championships.
6.3. Participation of the IPCA chess players (men, women and juniors) at the stationary and / or online FIDE chess competitions:
a) FIDE World Chess Olympiads,
b) FIDE World Chess Paralympiads,
c) FIDE World Chess Cups for people with disabilities,
d) FIDE World Individual and Team Chess Championships for disabled people.
6.4. The IPCA is affiliated to the chess federations:
a) The International Chess Federation (FIDE),
b) The Chess Federation of the Valencian Community.
7. Article. Participation in the IPCA chess competitions.
7.1. The right to participate in the IPCA chess competitions has every chess player with physical disability, being a member of the IPCA.
7.2. The IPCA Presidential Council may charge an entry fee from all participants of the IPCA chess competitions. Amount of the entry fee will be communicated with the official invitation to the particular tournament and it must be paid by every participant before the start of this competition. Non-payment the entry fee before the tournament may lead to the exclusion from the competition.
7.3. The IPCA Presidential Council may determine the medical criteria, necessary for participation of the physically disabled chess players in the IPCA chess competitions.
8. Article. Financial year.
8.1. The financial year of the IPCA is the calendar year (from 1st January to 31st December).
9. Article. Annual subscription.
9.1. The amount of the annual subscription is determined by the IPCA Congress.
9.2. The annual subscription must be paid before 1st March of a current year and every member must transfer to the banking account of the Association without reminder.
II. Chapter. Membership.
10. Article.
10.1. The membership in the IPCA may consist of the ordinary and honorary members and sponsoring partners. Application for membership in the IPCA must be submitted in writing.
11. Article.
11.1. The right to be an ordinary member (individual and collective) of the IPCA has:
a) Every chess player with physical disability who is not a member of any national chess organization for the physically disabled people,
b) Every national chess organization for people with physical disability.
12. Article.
12.1. The right to an honorary membership (individual and collective) in the IPCA has:
a) Every person being an accompanying person (attendant) of physically disabled chess player or person helping for the disabled chess players from the IPCA,
b) Every person or organization acting for a benefit of the physically disabled people from the IPCA,
c) Every person or organization nominated by the IPCA Congress at the proposal of the IPCA Presidential Council or of an ordinary collective member of the IPCA.
13. Article.
13.1. The IPCA may also have the sponsoring partners who will pay an optional amount (at least 100 Euro). They have the right to participate in the IPCA Congress, but on their own cost. They are not entitled to vote at the IPCA Congresses. They are not entitled to participate in the IPCA chess tournaments.
14. Article. Rights and duties of the member and partner.
14.1. The ordinary member and partner have the following rights:
a) To participate in the realization of the specific purposes of the Association,
b) To demand that the Association’s actions comply with the provisions of the Valencian Community Sports and Physical Activity Law, its implementing regulations and other regional or state regulations that are in force and are applicable in sport matters and the provisions of these Statutes,
c) To freely separate from the Association,
d) To know their activities and examine their documentation,
e) To freely express their opinions within the scope of the Association,
f) To be able to elect and be elected to the governing and representative organs, provided he/she is 18 years old and have full capacity to act,
g) To be informed about the composition of the governing and representation organs of the Association, its state of accounts and the development of its activity,
h) To challenge the agreements of the governing and representative organs of the Association that he/she will deem contrary to the law or the Statutes,
i) To be heard prior to the adoption of disciplinary measures against him/her and to be informed of the facts that give rise to such measures, and the agreement that, if applicable imposes the sanction must be motivated.
14.2. The ordinary member and partner have the following duties:
a) Pay at due time the fees required by the IPCA Presidential Council, approved previously by the Congress of the Association,
b) Contribute to the maintenance of the IPCA, as well as to the promotion, dissemination and practice of the sports disciplines that are practiced in the IPCA,
c) Comply with all the provisions issued by the IPCA Congress or the IPCA Presidential Council for the good governance of the Association,
d) And all other duties arising from these Statutes.
15. Article.
15.1. The sporting members and partners will have the right to enjoy the social services and facilities in the Association, having in return the obligation to represent it in the sporting events that it decides. The families of members and partners will have the right to enjoy certain services and facilities that will be determined after payment of the fixed fee.
16. Article.
16.1. The IPCA is guided in its activities by the principles of equality of all members and partners and it rejects a discriminatory treatment for due to race, gender, religion, ideology or any other conditions and personal or social circumstances.
17. Article.
17.1. For admission as member or partner of the IPCA it is necessary:
a) Fulfillment of the conditions indicated for membership,
b) Request in writing to the IPCA Presidential Council,
c) Payment of the appropriate membership fee.
18. Article.
18.1. The status of member or partner of the IPCA is lost:
a) By own will,
b) By non-payment of the established social contributions,
c) By agreement of the Presidential Council, based on misdemeanors of a very serious nature, after the initiation of a sanctioning file and with a hearing of the interested person. The agreement have to be ratified at the first another IPCA Congress.
19. Article
19.1. The reasons for expulsion from the IPCA are:
a) Behavior detrimental to the interests of the IPCA,
b) Failure of payment of the annual subscription until 31st of December of the year, which is due, despite a written reminder may lead to the automatic expulsion of the concerned member. The membership may be renewed only after payment of the outstanding subscription,
c) Until exclusion of the member, the IPCA Presidential Council must provide to the interested member 3 (three) months of postponement for justification.
19.2. The member may appeal from decision of the expulsion within 3 (three) months. The next IPCA Congress then finally resolves the matter after hearing the basis for the appeal, before the entry into force of the final decision.
III. Chapter. Organs.
20. Article.
20.1. The organs of the IPCA:
1) The IPCA Congress,
2) The IPCA Presidential Council.
21. Article. The IPCA Congress.
21.1. The Congress is the supreme organ of the IPCA. The IPCA Congress consists of the delegates: ordinary members (individual and collective) from the member countries, the IPCA Presidential Council, honorary members and sponsoring partners. A quorum is present at the Congress, if there are represented at least 50% (fifty percent) of its national member organizations or member countries.
21.2. Every national member organization or member country of the IPCA has 1 (one) vote at the IPCA Congress. The IPCA President has the right of the separate vote independently from a representative of his/her country.
21.3. The IPCA Congress is held at least once every 4 (four) years, if it possible in connection with the IPCA World Chess Championship or the IPCA World Chess Olympiad, and more often if the IPCA Presidential Council will deem this necessary. The IPCA Congress is convened by the IPCA President on 6 (six) months before the date on which it is scheduled. In the invitation is enclosed the provisional agenda. The IPCA Congress defines the final agenda. At least 8 (eight) weeks before the date of the IPCA Congress the IPCA Secretariat will send all relevant documents to the participants of the IPCA Congress.
21.4. The IPCA Congress may be chaired by the IPCA President or in his/her absence (due to illness, etc.) by the 1st IPCA Vice-President or by a member of the IPCA Presidential Council, appointed by the IPCA President or by the IPCA Presidential Council.
21.5. Only the delegates being the ordinary individual members from the member countries in which there are no registered in the national chess organizations (defined in Article 11, point 11.1. a) and the representatives of the ordinary collective members (defined in Article 11, point 11.1. b) have the right to vote. All the other members have only a consulting voice, except in matters relevant to the IPCA chess competitions. In these matters the IPCA World Individual Champion at that time, as well as the IPCA Continental Individual Champions and the sponsoring members may have the right to vote. The members of the IPCA Presidential Council, the IPCA World Individual Champion, the IPCA Continental Individual Champions, the individual members of the IPCA (not delegates), the honorary members and the sponsoring members have only an advisory voice.
21.6. A delegate may transfer his vote to a delegate of another member country by written notification to the IPCA Secretariat. One delegate may not have more than 2 (two) votes, including the proxy vote.
21.7. The elections of the IPCA President and the IPCA Presidential Council are held by open voting for 4 (four) years. The outgoing IPCA Presidential Council establishes a nominating committee consisting of 3 (three) delegates, none of whom may run for the election to the IPCA Presidential Council. The Nominating Committee selects the candidates for the election and makes appropriate recommendations. This Nominating Committee may work only for one IPCA Congress.
21.8. All questions put to a vote will be decided by a simple majority of the votes, unless in the Statutes is specified otherwise. A tie in the votes for a resolution means a rejection of its accepting. In the election of the IPCA President and the IPCA Presidential Council, the candidate with the least number of the votes will be excluded. In case of a tie of the votes between the two candidates, the voting will take place again, and then the election of the candidate will be decided by lot.
21.9. The proposals for changes to the agenda and resolutions on general issues must be submitted in writing to the IPCA Secretariat for 3 (three) months in advance. Then they are distributed and presented to the IPCA Presidential Council and the IPCA members as soon as possible.
21.10. In accordance with the agreement between the FIDE and the IPCA a representative of the FIDE may be invited at the IPCA Congress.
21.11. If it necessary, the IPCA President has the right to give instructions for the orderly conduct of the business of the IPCA Congress.
21.12. Except the matters treated in accordance with the clause in Article 21, point 21.1. to 21.8., the IPCA President has the right, in urgent cases which may avoid delays, to holding of the voting by email during the period between two IPCA Congresses. The decisions in the voting by email will be made by simple majority of the votes. The result of such voting will be recorded in the minutes of the next IPCA Congress.
21.13. At the written request of the 30% (thirty percent) of the member countries to the IPCA Secretariat may be convened an extraordinary IPCA Congress between two successive IPCA Congresses. This Congress may concern only the issues mentioned in the application of these member countries. Everyone members may also receive interim reports from the IPCA President and other members of the IPCA Presidential Council.
22. Article. Responsibilities of the IPCA Congress.
22.1. The IPCA Congress receives reports from the IPCA Presidential Council.
22.2. The IPCA Congress receives a financial report.
22.3. The IPCA Congress distributes the IPCA Presidential Council.
22.4. The IPCA Congress elects the IPCA Presidential Council.
22.5. The IPCA Congress determines the size of the annual subscription.
22.6. The IPCA Congress approves the IPCA budget for the next 4 (four) years and, if it is possible, draw up an action program for the next 4 (four) years.
22.7. The IPCA Congress decides on the presented resolutions.
22.8. The IPCA Congress is the last organ to decide on the exclusion of the IPCA members.
23. Article. The IPCA Presidential Council.
23.1. The IPCA Presidential Council acts in an honorary capacity. The decisions of the IPCA Presidential Council are binding for the members of the Association.
23.2. The IPCA Presidential Council is elected by the IPCA Congress for a period of 4 (four) years. Members of the IPCA Presidential Council may run for reelection.
23.3. The IPCA Presidential Council at the same time may include not more than 3 (three) persons from a same member country.
23.4. The IPCA Presidential Council consists of:
1) The President,
2) The 1st Vice-President (zone President),
3) The General Secretary,
4) The Treasurer.
23.5. The IPCA Congress has the right to extend the composition of the IPCA Presidential Council.
23.6. The IPCA Presidential Council will meet at least once every 2 (two) years. A quorum will be present at the meeting, if it is present min. a half plus 1 (one) member of its composition.
23.7. The meetings of the IPCA Presidential Council will be chaired by the IPCA President or in case of his/her absence (due to illness, etc.) by the 1st IPCA Vice-president or by a member of the IPCA Presidential Council, appointed by the IPCA President or by the IPCA Presidential Council. In urgent cases, the meetings of the IPCA Presidential Council may be held through online teleconference by internet or telephone, which must be confirmed in writing to the IPCA President.
23.8. If the IPCA President is unable to fulfill his/her duties, he/she will be replaced by a member of the IPCA Presidential Council, appointed by the IPCA Presidential Council.
23.9. If the IPCA President is prohibited from fulfilling his/her duties before the end of his/her term (either by resignation or as a result of death), there will be adopted the procedure as established in point 23.8. The successor assumes from the IPCA President his/her title and position. The term of a member of the IPCA Presidential Council who replaces the IPCA President expires with the term of the IPCA President, whom he/she replaces.
23.10. Decisions in the IPCA Presidential Council are taken by majority of the votes, unless in the Statutes is specified otherwise. In the event of a tie in the votes, the Chairman of the meeting will have a deciding vote.
24. Article. Duties of the IPCA Presidential Council.
24.1. The IPCA Presidential Council represents the IPCA.
24.2. The IPCÀ Presidential Council implements the resolutions of the IPCA Congress.
24.3. The IPCA Presidential Council submits reports on its activities to the IPCA Congress.
24.4. The IPCA Presidential Council may create subcommittees on detailed matters, if it is necessary.
24.5. The IPCA Presidential Council determines the entry fee for various IPCA chess competitions in accordance with Article 7, point 7.2.
24.6. The IPCA Presidential Council presents a financial report at the end of every year.
25. Article. The IPCA Secretariat.
25.1. The IPCA General Secretary and the IPCA Treasurer compose the IPCA Secretariat.
25.2. The IPCA Secretariat is responsible for carrying out the business of the Association.
25.3. The IPCA Secretariat reports to the IPCA Presidential Council on its activities.
IV. Chapter. Documentation and language of communication.
26. Article. The minutes.
26.1. The minutes will be drawn up at every IPCA Congress and at every meeting of the IPCA Presidential Council and will be signed by the IPCA President or by the Chairman of the meeting. Every set of the minutes will be submitted for approval to the appropriate body of the IPCA at its next meeting.
26.2. The minutes of the IPCA Congresses will be posted on the official IPCA website.
27. Article. Verbal and written communication.
27.1. The language of meetings and written communication will be English. A translation service will be organized in this language. Additional languages will be added if it is required.
V. Chapter. Founding capital and economic system.
28. Article. Founding capital.
28.1. The IPCA is subject to its own budget and economic system on the basis of the legal rules.
28.2. The main assets of the IPCA at the moment of its creation are the voluntary donations.
28.3. In the future, accessible heritage of the Association may consist of:
a) Economic contribution of the partners,
b) Received donations or grants,
c) Economic benefits that may be obtained as a result of activities organized by the Association,
d) Income, benefits from interest of its assets,
e) Any other resources in accordance with its Statutes and applicable law.
29. Article. Economic system.
29.1. The IPCA excludes the motive of profit as the purpose of its activity and it mayn’t allocate its assets for the industrial or commercial purposes or carry out the activities to distribute the obtained benefits among its members and / or partners.
29.2. The IPCA may encumber and dispose of its property, borrow money and issue debt securities or shares, provided it meets the following requirements:
a) Such operations are authorized by a majority of 2/3 (two-thirds) of the members of the Association, present at the IPCA Congress,
b) The indicated actions do not cause irreversible damage to the property of the Association or to the physical-sports activity that make up its corporate objective. In this case, on the request of at least 5% (five percent) of members and / or partners may be required a relevant actuarial economic opinion, signed by a qualified technician.
c) In the event of borrowing money for an amount higher than 50% (fifty percent) of the annual budget of the Association or in a percentage equal to the cost of capital, as well as in the case of the securities issuance, it is required the approval of the IPCA Presidential Council.
29.3. In any case, the income obtained from the sale of sports facilities or the land on which they are located must be fully invested in the acquisition, construction or improvement of the goods of the same nature.
29.4. The fiscal year of the IPCA will coincide with the calendar year and therefore the closing of the fiscal year of the Association will be at the end of the calendar year.
30. Article. Debt securities or an aliquot part of capital.
30.1. The debt securities or shares issued by the IPCA will be recorded.
30.2. The names will be entered in the book, which the IPCA will put into effect.
30.3. All articles contain the face value, issue date, etc. If it necessary, interest and maturities.
30.4. The debt securities can only be signed by members and / or partners, and their ownership will not be subject to any special rights, except for the perception of interests established in accordance with applicable law, and the issuance of securities issued may not be permitted.
30.5. The names of the shares will also be signed.
30.6. These securities do not give the right to receive dividends or benefits.
30.7. The debt or equity securities will be transferable in accordance with the requirements and conditions established in every case by the IPCA Congress.
VI. Chapter. Final provisions.
31. Article. Modification of the IPCA Statutes.
31.1. The proposals of the changes in the IPCA Statutes will be sent to the delegates together with an invitation to the IPCA Congress and are accepted by a majority of 2/3 (two-thirds) votes of the delegates entitled to vote. Abstained votes will not be counted.
32. Article. Dissolution of the IPCA.
32.1. The dissolution of the IPCA will be decided upon by the IPCA Congress, specially convened for this purpose by the IPCA President at the request of 70% (seventy percent) of the ordinary members.
32.2. The resolution to dissolve the IPCA will be passed by a majority of 3/4 (three-quarters) votes of the delegates present and entitled to vote. Abstention votes will not be counted.
32.3. Following the resolution to dissolve the IPCA, the IPCA Presidential Council complies with all the obligations of the IPCA.
32.4. The remaining assets will be stored for a period of 4 (four) years, and then transferred to a newly to be founded organization of the same name or a similar organization.
32.5. If the condition defined in point 32.4. does not apply, the remaining assets will be distributed among the former members of the IPCA in accordance with the objectives of the organization.
33. Article. Entry into force of the IPCA Statutes.
33.1. The IPCA Statutes was approved by the Constituent Committee on the 30th September 2019 in Torrevieja (Alicante), Spain.