STATUTES, RULES AND REGULATIONS OF THE
BERMUDA FOOTBALL ASSOCIATION
CHAPTER 1
GENERAL PROVISIONS
1. NAME
Pursuant to an Act of the Bermuda Parliament, No. 256 of 8/6/70, the Bermuda Football Association Act 1970 (the Act) the Bermuda Football Association (“BFA”) shall be hereinafter called the Association.
2. OBJECTS
The Objects of the Association shall be:-
(a) To encourage the game of Football in
Bermuda as determined by the statutes of FIFA;
(b) To promote the game of football in every way in which the Association shall think proper, and to take all such steps as shall be deemed necessary or advisable for preventing infringements of the Rules and Laws of the Game, or other improper practices in the game, and for protecting it from abuse;
(c) To make, adopt, vary and publish Rules, Regulations and Bye-Laws and conditions for the proper regulation of the Game, and to vary or revoke the same and to take such steps as may be deemed necessary for the enforcement of such Rules, Regulations, Bye-Laws and conditions;
(d) To make rules concerning eligibility for membership in the Association and to vary or revoke the same and to take such steps as may be necessary for the enforcement of such rules;
(e) To hold membership in the Federation Internationale de Football Association (FIFA), Confederation of North, Central America and Caribbean Association Football (CONCACAF) and the Caribbean Football Union (CFU) and to abide by its Rules and Regulations.
(f) To lend or invest any monies of the association in such manner as shall be approved by the Council and to borrow money on such security as the Council may determine and particularly, but not so as to limit the generality of the foregoing, by mortgaging or changing all or any property of the Association;
(g) To make such representation to the Government of these
Islands or any department thereof as the association may from time to time consider it proper.
3. NON-DISCRIMINATION AND RACISM
Discrimination of any kind against a club, player, fan, private-person or group of people on account of ethnic origin, gender, language, nationality, religion or political affiliation or any other reason is strictly prohibited and punishable by suspension or expulsion from the BFA.
CHAPTER 2
- MEMBERSHIP
Membership in the Association shall be two kinds:
(i) Full Membership
(ii) Associate Membership
(a) FULL MEMBERSHIP
Full Membership shall consist of properly constituted clubs or organizations set up for the playing or administration of Football according to the Statutes, Rules and Regulations of the Bermuda Football Association and the Laws of the Game as published by FIFA.
Rights of Full Membership shall be given to all properly constituted Premier and First Division Clubs or other organizations as recommended by the Executive Council and approved by the Congress from time to time as well as:
Bermuda Referees Association (BRA)
Bermuda
School Sports Federation (BSSF)
(b) ASSOCIATE MEMBERSHIP
Associate Membership may be granted to such organizations on application by its authorized representatives for approval by the Executive Council on the conditions that it subjects itself to the Statutes, Rules and Regulations of the Bermuda Football Association and the Laws of the Game as published by FIFA;
Associate Membership may be granted to the following bodies:
(a) Single club or team;
(b) Association of clubs or teams;
(c) Corporate or business organizations;
(d) Social or community organizations;
(e) Any other organization concerned with the sport of football.
5. HONORARY MEMBERSHIP
The title of Honorary Member shall be granted on the approval of the Executive Council to the following persons from time to time:
(a) The Honorary President
(b) Honorary Life Vice Presidents
(c) Honorary Vice Presidents
Honorary Members may attend and participate in all Congress Meetings of the Association but shall have no right to vote at such meetings.
6. APPLICATION FOR MEMBERSHIP TO THE ASSOCIATION
(a) FULL MEMBERSHIP
A Full Membership according to Article 4(i) in the Constitution is granted on the following conditions:-
(i) that it subjects itself to the Statutes, Rules and Regulations, directives and decisions of the Bermuda Football Association, FIFA, CONCACAF and the CFU; to abide by the Laws of the Game as published by FIFA; to take part in the Association’s competitions and to ensure it’s own members comply with the conditions contained in this Article;
(ii) That it submits to the Association a copy of its Constitution and thereafter gives notification of any changes to its Constitution;
(iii) that it pays:
i. the annual membership fee and;
ii. the registration fees;
as may be determined by the Executive Council from time to time;
(iv) All fees must be paid in accordance with the fee payment schedule as determined by the Executive Council from time to time. However, upon reasonable explanation being given by any Full Member for its failure to pay its fees according to the schedule, the Executive Council may extend the time for the member to pay its fees. New members must pay the initial annual fee within ninety (90) days of acceptance into membership.
(v) A Full Member must submit annually to the Association:
(i) Confirmation of its Annual General Meeting
(ii) An updated list of its Executive Officers
(iii) A list of its coaching staff
(iv) Its official address including contact telephone numbers of the President and Secretary in addition to any other person responsible for conducting business on its behalf. Any correspondence not signed by the foregoing will not be regarded as official correspondence.
(vi) Failure to comply with the conditions of Full Membership may result in the suspension of voting rights or participation as a Full Member until such time as the above conditions have been fully satisfied.
(vii) Notwithstanding the above, the granting of Full Membership is subject to review and approval by the Congress at either the Annual Congress Meeting or the Semi-Annual Congress Meeting.
(b) ASSOCIATE MEMBERSHIP
Associate membership shall be granted to those organizations according to Article 4(ii) in the Constitution who are desirous of participating in the Association’s football leagues. Associate membership may also be granted to such other organizations upon application by its authorized representative for consideration by the Executive Council of the Association on the following conditions:
(i) That it subjects itself to the Statutes, Rules and Regulations, directives and decisions of the Bermuda Football Association, FIFA, CONCACAF and the CFU; to abide by the Laws of the Game as published by FIFA; to take part in the Association’s competitions and to ensure it’s own members comply with the conditions contained in this Article;
(ii) That it pays the applicable annual registration fee as may be determined by the Executive Council from time to time;
(iii) The annual fees must be paid in accordance with the fee payment schedule as determined by the Executive Council from time to time. However, upon reasonable explanation being given by any Associate Member for its failure to pay its fees according to the schedule, the Executive Council may extend the time for the member to pay its fees. New members must pay the initial annual fee within ninety (90) days of acceptance into membership.
(iv) An Associate Member must submit annually to the Association:
(i) a list of its Executive Officers
(ii) a list of its Coaching or Technical Staff (if applicable)
(iii) its official address including contact telephone numbers of the President and Secretary in addition to any other person responsible for conducting business on its behalf. Any correspondence not signed by the foregoing will not be regarded as official correspondence.
(v) Failure to comply with the conditions of Associate Membership may result in the suspension of participation as an Associate Member until such time as the above conditions have been fully satisfied.
(vi) Notwithstanding the above, the granting of Associate Membership is subject to an annual review and approval by the Executive Council.
(c) NEW MEMBERSHIP
(i) Application for new membership in the Association must be submitted on the appropriate form obtainable from the Association’s Administrative Office, and returned to the Administrative Office no later than December 31st prior to the season in which the applicant proposes to compete (see Article 17 below).
(ii) Applicants must satisfy the Executive Council that they are actively engaged in promoting the game of football in accordance with the objects and principles of the Association.
(iii) The Executive Council shall examine all applications for membership and make recommendations to the Congress at the Semi Annual Congress Meeting regarding the acceptance, deferment or rejection of any application. Any candidate whose application has been rejected shall not be eligible to re-apply within a 12-month period from the date of the initial application.
7. MEMBERS’ RIGHTS
The Members of the BFA have the following rights:
(a) to take part in the Congress of the BFA, to know its agenda, to be called to the Congress within the prescribed time and to exercise their voting rights;
(b) to draw up proposals for inclusion in the agenda of the Congress;
(c) to nominate candidates for election to the BFA Executive Council;
(d) to be informed of the affairs of the BFA through the official bodies of the BFA;
(e) to take part in competitions (if applicable) and/or other sports activities organized by the
BFA;
(f) to exercise all other rights arising from the Statutes and regulations of the BFA.
The exercise of these rights is subject to the provisions in these Statutes and all other applicable regulations as may be decided upon by the Congress and the Executive Council from time to time.
8. MEMBERS’OBLIGATIONS
The Members of the BFA have the following obligations:
(a) to comply fully with the Statutes, regulation, directives and decisions of FIFA, and the BFA at all times and to ensure that these are also respected by its members;
(b) to ensure the election of its decision-making bodies;
(c) to take part in competitions (if applicable) and other sports activities organized by the BFA;
(d) to pay their membership subscriptions;
(e) to respect the Laws of the Game as published by FIFA and to ensure that these are also respected by its members;
(f) to adopt a statutory clause specifying that any dispute requiring arbitration involving itself or one of its members and relating to the Statutes, regulations, directives and decisions of the BFA, CFU, CONCACAF and FIFA shall be solely under the jurisdiction of the appropriate Arbitration Tribunal of BFA or FIFA and that any recourse to Ordinary Courts is prohibited;
(g) to communicate to the BFA any amendment of its statutes and regulations as well as the list of its Officials or persons who are authorized signatories with the right to enter into legally binding agreements with third parties;
(h) not to maintain any relations of a sporting nature with entities that are not recognized or with Members that have been suspended or expelled;
(i) the observe the principles of loyalty, integrity and good sporting behavior as an expression of Fair Play;
(j) to administer a register of members which shall regularly be updated;
(k) to comply fully with all other duties arising from the Statutes and other regulations of the BFA.
Violation of the above-mentioned obligations by any Member may lead to sanctions provided for in these Statutes.
9. STATUS OF CLUBS AND OTHER GROUPS OF CLUBS
(a) Clubs, and any other groups of clubs affiliated to the BFA shall be subordinate to and be recognized by the BFA. These Statutes define the scope of authority and the rights and duties of these clubs and groups of clubs. The statutes and regulations of these clubs and other groups of clubs must be approved by the Executive Council of the BFA.
(b) The clubs and groups of clubs in membership with the BFA shall take all decisions on any matters regarding their membership independently of any external body. This obligation applies regardless of their corporate structure.
(c) In any case, no natural or legal person (including holding companies and subsidiaries shall exercise control over more than one club or group whenever the integrity of any match or competition could be jeopardized.
10. APPROVAL
No member club or player affiliated with the Association shall have playing membership with another club or participate in competitions on the territory of another national Association affiliated with FIFA or CONCACAF without written permission in accordance with the Association’s Rules and Regulations Governing Foreign Tours or where applicable, the granting of a FIFA International Transfer Certificate.
11. CONDUCT OF MEMBERS AND OFFICIALS
All members, players and officials must observe the Statutes, directives, regulations, decisions and codes of conduct as established by the BFA, CFU, CONCACAF and the FIFA Code of Ethics.
12. (i) DISMISSAL OF A PERSON OR BODY
(a) The Congress may dismiss a person or body. The Executive Council may place the dismissal of a person or body on the agenda for the Congress. The Executive Council may also dismiss a person or body provisionally. Any Executive Council member may submit a proposal to place such a motion for dismissal on the agenda of the Executive Council or Congress.
(b) The motion for dismissal must be justified. It will be sent to the Members of the BFA along with the agenda.
(c) The person or body in question has the right to speak in his or its own defense.
(d) If the motion for dismissal is upheld, the Congress or Executive Council shall reach a decision by means of secret ballot. For the motion to be passed, a majority of two-thirds of the valid votes is required.
(e) The person or body dismissed (provisionally) must be relieved of his or its functions with
immediate effect.
(ii) Suspension
(a) The Congress is responsible for suspending a Member. The Executive Council may, however, suspend a Member that seriously and repeatedly violates its obligations as a Member with immediate effect. The suspension shall last until the next Congress, unless the Executive Council has lifted it in the meantime.
(b) A suspension shall be confirmed at the next Congress by 2/3 majorities of the votes taken. If it is not confirmed, the suspension is automatically lifted.
(c) A suspended Member shall lose its membership rights. Other Members may not entertain sporting contact with a suspended Member. The Disciplinary Committee may impose further sanctions.
(d) Members that do not participate in the sports activities of the BFA for two (2) consecutive years shall be suspended from voting at the Congress and their representatives shall not be elected or appointed until they have fulfilled their obligations in this respect.
(iii) Expulsion
(a) The Congress may expel a Member if:
it fails to fulfill its financial obligations towards the BFA;
it seriously violates the Statutes, regulations, directives or decisions of the BFA;
(b) A minimum of 2/3 of Members entitled to vote at the Congress must be present and a decision to expel a member must be adopted by three-quarter majority of the valid votes cast.
13. RESIGNATION
(a) A Full Member may resign from BFA with effect from the end of the current season. Notice of resignation must reach the General Secretariat no later than the deadline for team registration of the upcoming season.
(b) The resignation is not valid until the Member wishing to resign has fulfilled its financial obligation towards the BFA and other Members of the BFA.
CHAPTER 3
14. FINANCIAL PERIOD
The financial period of the BFA shall begin on May 1st and end on April 30th.
The Treasurer is responsible for drawing up the annual Audited Financial Statements of the BFA.
The revenue of the BFA arises specifically from:
(a) Members’ registration fees;
(b) Income generated from matches both Domestic and international;
(c) Fines imposed by the authorized bodies;
(d) Other subscriptions and receipts in keeping with the objectives pursued by the BFA including marketing rights and merchandising for which the BFA is entitled.
EXPENSES:
The BFA bears:
(a) The expenses stipulated in the budget;
(b) Other expenses approved by the Congress and expenses that the Executive Council is entitled to incur within the scope of its authority;
(c ) All other expenses in keeping with the objectives pursued by the BFA.
15. INDEPENDENT AUDITORS
The independent auditors appointed by the Congress shall audit the accounts approved by the Finance Committee in accordance with the appropriate principles of accounting and present a report to the Congress. The annual audit report has to be approved by the Congress. The auditors shall be appointed annually. This mandate may be renewed.
16. MEMBERSHIP FEES
(a) Membership fees are due on the date set by the Executive Council. The annual fees for new Members for the year in question shall be paid within 90 days of being approved by the Congress at which they are admitted.
(b) The Congress shall approve the annual Membership Fees every 4 years on the recommendation of the Executive Council. The Congress reserves the right to consider making adjustments to the Annual Membership Fees, only if an absolute majority (50% + 1) of the Members eligible to vote submit such a proposal to the Executive Council for submission to the Congress.
17. SETTLEMENT
The BFA may debit any funds due to a Member to settle claims.
CHAPTER 4
18. LEGISLATIVE, EXECUTIVE AND ADMINISTRATIVE BODIES
The Congress shall be the legislative body of the BFA and as such the supreme authority.
The Executive Council shall be the elected council of the BFA.
The General Secretariat shall be the Administrative body of the BFA.
The Standing and Ad hoc Committees shall assist the various bodies of the BFA. The roles and responsibilities are stipulated in the Standing Orders.
19. The bodies of the BFA shall either be elected or appointed by the BFA itself without any external influence and in accordance with the procedures described in these statutes.
20. THE CONGRESS
The Association shall be governed by a Congress consisting of one (1) voting representative from each of the FULL MEMBERSHIP Organizations. Such representative must be a member of the Management Committee or a designate of the said FULL MEMBERSHIP Organization.
(a) The Congress is responsible for amending the Statutes and By-Laws of the Association;
(b) Any proposals for an amendment to the Statutes must be submitted in writing with a brief explanation to the General Secretariat by a Member or by the Executive Council. A proposal submitted by a Member is valid, provided it has been supported in writing by at least one-third (1/3) other Full Members entitled to vote a the Congress.
(c) For a vote on an amendment to the Statutes to be valid, two-thirds (2/3) majority of the Members eligible to vote must be present.
(d) A decision to amendment the Statutes shall be adopted only by a three-quarter (3/4) majority of the valid votes cast.
21. CONGRESS MEETINGS
(a) The Congress shall meet twice annually in the months of January and September, with the September meeting being the Annual Congress Meeting, and the January meeting being the Semi-Annual Congress Meeting.
(b) Special Meetings of the Congress may be called at any time by the President or by no less than 1/3 of the Full Membership Organizations. Such request for a meeting by the Full Membership Organizations must be submitted in writing by each individual organization signed by the President and Vice President or Secretary of each organization and contain the reason(s) for which the meeting is being called. At all times, the reason(s) must conform to the provisions of the Constitution and Bye-Laws and must not violate any rule or regulation of the Association.
(c) At all Congress meetings, the Full Members of the Association, through their authorized
representatives, and all members of the Executive Council of the Association shall be entitled to be present and to speak.
22. REPRESENTATIVES
Each Full Membership Organization shall be entitled to be represented by a maximum of three (3) delegates all of whom may take part in the discussions. The names of the three (3) delegates must be sent to the Administrative Office before the Congress Meeting. Each Full Membership Organization shall upon receipt of a notice of a Congress Meeting, notify the Association in writing of the name of its voting representative. Should this delegate leave the Meeting Hall at any time during the meeting, he / she shall be replaced by the next representative on the list of delegates for the Full Membership Organization concerned.
23. DECISIONS OF THE CONGRESS MEETINGS
At all Congress Meetings the following shall apply:
(a) Each FULL MEMBERSHIP Organization through its authorized representative shall be entitled to have one (1) vote.
(b) During their term of office, members of the Executive Council shall have no right to vote.
(c) Voting by letter or proxy is not allowed.
(d) Unless otherwise stipulated in these Statutes, a simple majority of the Members entitled to vote is sufficient for a vote to be valid. The number of valid votes counted shall decide the majority. Spoiled or blank voting slips or any other forms of abstentions are disregarded in calculating the majority.
(e) A decision that requires a vote shall be reached by a show of hands or by or by secret ballot where stipulated. If a show of hands does not result in a clear majority in favor of a motion, the vote shall be taken by calling the roll in alphabetical order.
(f) Decisions passed by the Congress shall come into effect for the Members 14 days after the close of the Congress, unless the Congress fixes another date for a decision to take effect.
24. QUORUM
(a) An absolute majority (50% + 1) of the number entitled to membership of the Association under Article 4 (i) above shall constitute a quorum at all Congress meetings of the Association unless otherwise stipulated in these regulations.
(b) If a quorum is not achieved, a second Congress shall not take place within 24 hours (or another period defined by the Association) after the first, with the same agenda.
(c) A quorum is not required for the second meeting unless any item on the agenda proposes the amendment of the Statutes of the BFA, the election of the President and election of the Vice-Presidents and members of the Executive Committee, the dismissal of one or a number of members
