MKA CONSTITUTION

CONSTITUTION
PERSATUAN KENDO MALAYSIA
(Malaysia Kendo Association)

ARTICLE 1.

NAME

This sports organization is officially known as Persatuan Kendo Malaysia (hereforth known as "Malaysia Kendo Association") or simply referred to as MKA in this Constitution.

ARTICLE 2.

ADDRESS AND POINT OF BUSINESS

2.1	Registered Address The registered address of the MKA is at 22, Jalan Setiajaya, Damansara Heights, 50490 Kuala Lumpur

2.2	The registered address cannot be changed without the approval of the Executive Committee and can only be enforced after obtaining permission in writing from the Commissioner. Change of registered address must be informed to all affiliates nationally.

ARTICLE 3.

DEFINITIONS

3.1	SOCIETY means Malaysia Kendo Association.

3.2	ANNUAL GENERAL MEETING means meetings held by this Society on an annual basis as stated in Article 14 of this Constitution.

3.3	EXTRAORDINARY GENERAL MEETING means meetings held by this Society as stated in Article 16 this constitution.

3.4	EXECUTIVE COMMITTEE means the highest committee that governs the running of the association and has executive power in formulating and implementing the principles of the Society as stated in Article 17 of this Constitution.

3.5	COMMITTEE means a legitimate Committee that is formed or appointed under this Constitution in accordance with Article 21.

3.6	OFFICER means all members of the Executive Committee, Committee and any persons authorized to perform the duties and function of the Society.

3.7	OFFICE BEARER means any person selected or appointed at the Annual General Meeting and/or by the Executive Committee

3.8	GOVERNING BODY means a national sports body that is recognized by the international body to represent the sports body in Malaysia.

3.9	OFFICE means the registered address of the Society as specified in Article 2 of this Constitution.

3.10	SOCIETY MEMBERS means a member referred to in Article 6 this constitution.

3.11	COMMISSIONER means the Sports Commissioner appointed under Section 10 of the Sports Development Act 1997.

ARTICLE 4.

OBJECTIVES AND FUNCTIONS

4.1

The objectives of the Association are as follows:

(a) to develop, encourage and promote the sport of kendo, iaido and jodo across the country;
(b) to plan and develop athletes, officers, coaches and discover new talents;
(c) to select athletes to represent the country in any international kendo, iaido and jodo sports competitions;
(d) to represent Malaysia in an internationally recognized body for representing kendo, iaido and jodo sports;
(e) to affiliate with the international governing body; and
(f) to promote sports development at the grassroots level through the establishment / acceptance of state-level affiliates.

4.2

The functions of the Association are as follows:

(a) act as the governing body at the national level for kendo, iaido and jodo;
(b) develop, operate, promote and manage kendo, iaido and jodo in Malaysia;
(c) interpret and enforce the rules and laws through the power, duty and rights provided for by this sports body at the international level;
(d) create awareness of the importance of the regulations and laws of kendo, iaido and jodo among the Society Members;
(e) conduct courses, training, athlete development, coaching, manpower and volunteers;
(f) organize or assist in organizing and hosting competitions for kendo, iaido and jodo sports at the national and international level;
(g) resolve any issues or conflicts involving its members including officers and office bearers in the association;
(h) maintain good relations and good standing with international bodies, as well as national level sporting bodies or agencies;
(i) ensure that the procedure for the selection of sportsmen, officers, coaches and any person to represent the country in the sport of kendo, iaido and jodo is open and fair;
(j) ensure that all programs and activities are implemented in accordance with this Constitution and the regulations thereunder;
(k) ensure that all members comply with the constitution and regulations of the Society;
(l) ensure that the audited activity reports and financial accounts is prepared for the previous financial year;
(m) ensure that charitable or business activities carried out to increase the Society's finances does not conflict with the law of the country; and
(n) ensure that all profits earned by the Society through any business or investment will be used solely to improve, develop and carry out the objectives and goals of this Society. However, this provision does not prevent payment of wages or expenses to members or employees of the Society. The Society can also set up a business and may owe assets provided that the profit goes into the Society's Financial Account.

ARTICLE 5.

LOGO / EMBLEM

The logo / emblem of this Society is as follows: -

a) A circle with a "laurel" with a "men" mask image, one "Shinai" that crosses to the left and hibiscus to the right;
b) The words “Malaysian Kendo Association” at the top and the words “M.K.A.” at the bottom of the circle;
c) Colors used -
“Men” = purple;
“Shinai” = white;
“Hibiscus” = red;
Laural circle = green;
Words = black
Background = white

ARTICLE 6.

MEMBERSHIP

Membership of this Association is divided into the following categories:

6.1	Affiliated Clubs Consists of state kendo sports associations that are registered with the Sports Commissioner's Office.

6.2	Honorary Membership Consists of individuals who have served the Society or individuals who contribute to the Society as appointed by the Executive Committee.

ARTICLE 7.

MEMBERSHIP FEES

7.1	Each member must pay the registration and annual fees to the Society are as follows:

Member Type	Registration Fee	Annual Membership Fee
Affiliated Clubs	RM100.00	RM200.00
Honorary Membership	RM0.00	RM0.00

7.2	Annual fees must be paid no later than February 1 each year to the Treasurer. If the fee is not paid, the said member will not be allowed to attend the Annual General Meeting.

7.3	Failure to pay the annual membership fee within one (1) year will result in cancellation of the membership.

7.4	Any member who has cancelled his or her membership and wishes to be a member again, must submit a new application including the registration fee, annual membership fee and a fine amounting to RM300. Acceptance of the re-application is subject to the approval of the Executive Committee.

ARTICLE 8.

MEMBERSHIP APPLICATION

8.1	Membership applications must be made in writing by filling out the form and submitting it to the Secretary. The Executive Committee may approve or reject any request.

8.2	If the membership application is rejected, the reasons for the rejection must be informed to the applicant in writing.

ARTICLE 9.

MEMBERS' RIGHTS AND PRIVILEGES:

9.1

All members have the following rights and privileges:

(a) The right to participate in all activities organized by the Society;
(b) The right to receive a free copy of the Constitution upon registration and only given once;
(c) The right to use the facilities and premises of the Society, subject to the rules set forth.

9.2	Each member must acknowledge and agree to abide by: a) The constitution, the law and the regulations including rules and best practices adopted by the sports body both locally and internationally; (b) The jurisdiction of this sports body; and (c) all rules and regulations pertaining to this sport.

ARTICLE 10.

THE RIGHT TO VOTE AT THE ANNUAL GENERAL MEETING

10.1	Affiliated Clubs All affiliated clubs that pay the annual membership fee before or on the 1st February are entitled to vote and to be voted at the Annual General Meeting.

10.2	Honorary Membership Honorary Members do not have the right to vote or be voted but may attend the Annual General Meeting as an observer.

ARTICLE 11.

REPRESENTATION TO THE ANNUAL GENERAL MEETING

11.1	All "paying" members are entitled to attend the Annual General Meeting

11.2	Representatives of affiliated clubs attending the Annual General Meeting shall be elected by the body he represents.

11.3	Each affiliated club has the right to send four (4) representatives to the Annual General Meeting.

11.4	The names of the representatives must be communicated in writing to the Secretary at least seven (7) days before the Annual General Meeting.

11.5	If a members wish to change their representation to the Annual General Meeting , the name of the new representative must be submitted to the Honorary Secretary at least three (3) days before the Annual General Meeting is held.

ARTICLE 12.

DISCIPLINE OF MEMBERS, OFFICERS AND OFFICE BEARERS

The Disciplinary Committee, after finding any members, officers or office bearer:

(a) violates, fails, refuses, or found to be non-compliant with any rules and laws including failure to fulfill his/her commitment as a member as contained in Article 9.2;
(b) act in a manner that is improper or harmful to the sports body and its interests; and is not in line with the goal of the sports body and the sport itself; and
(c) brings disgrace to members, the sports body, the sport itself and country,

may initiate disciplinary proceedings against the member(s), officer(s) or office bearer(s) subject to the disciplinary powers and procedures as determined by the Executive Committee. The member(s), officer(s) and office bearer(s) involved are entitled to natural justice.

ARTICLE 13.

TERMINATION, SUSPENSION AND DISMISSAL OF MEMBERS, OFFICERS AND OFFICER BEARERS

13.1	Any member or office holder who submits a written request to cease membership and that request is approved by the Executive Committee shall be deemed to have ceased being a member of the Society.

13.2	Suspension or dismissal of any member or office bearer may be levied by the Disciplinary Committee after going through the process of natural justice.

13.3	Termination or dismissal of any officer or office bearers appointed by the President or the Executive Committee is subject to the terms of the appointment.

13.4

Any member or office bearer that is found acting in contrary to the Constitution Associations may be dismissed or have his/her membership or office suspended for such a period as it may deem reasonable. A show cause letter must be submitted to the member or the office bearer before the dismissal or the suspension is made.

13.5	Such suspension or dismissal shall take effect on the date fixed by the Disciplinary Committee.

13.6	Any member, officer or office bearer whose membership has been terminated or position suspended may submit an appeal to the Executive Committee within a period fourteen (14) days from the date of the decision of the Disciplinary Committee.

13.7	The Executive Committee has the power to either accept, reject or make any other decision that overrules the decision made by the Disciplinary Committee and the decision(s) of the Executive Committee is final.

ARTICLE 14.

THE ANNUAL GENERAL MEETING

14.1	The Annual General Meeting is a meeting attended by all the members of the Society. It is the highest level of authority for decision making.

14.2	The Annual General Meeting shall be held not later than December 31st every year.

14.3	If the Society fails to hold its Annual General Meeting in accordance with the terms set out in clauses 14.2 and 14.7, the society should refer to the Commissioner for an extension of time to hold the Annual General Meeting.

14.4

Notice of Annual General Meeting
(a) One (1) notice of the Annual General Meeting shall be sent in writing either by post, fax, e-mail, registered mail or handed over to each member at least 30 days before the date of the Annual General Meeting and state the following:

(i) Date
(ii) Day
(iii) Time
(iv) Venue
(v) Activity & financial reports

(b) Nomination form(s) (if applicable) and representative information form(s) must be submitted to the Secretary at least fourteen (14) days prior to the date of the Annual General Meeting.

14.5

Proposals
(a) All proposals to be brought to the General Meeting Annual must be submitted in writing to Secretary at least fourteen (14) days prior the date of the Annual General Meeting.

(b) If the motion is rejected by the Executive Committee, the motion or new proposals with the same meaning cannot be resubmitted. The proposal(s) can only be resubmitted six (6) months after the date of the Annual General Meeting.

14.6

Quorum

(a) The quorum for the Annual General Meeting shall not be less than one-half (1/2) of the number of eligible voting members.

(b) If the quorum is insufficient after one (1) hour from the Annual General Meeting start time, the meeting shall be postponed to a new date to be held within thirty (30) days from the original date of the meeting.

(c) If the quorum is insufficient at the postponed Annual General Meeting, the members present may proceed with the meeting but are not allowed to amend the Constitution and make any decisions related to interests of members.

14.7

Postponement of Annual General Meeting.
(a) For any Annual General Meeting adjourned for reasons other than Article 14.6 (b) above, the Chairman may, with the agreement of two-thirds (2/3) of the members of the meeting that are eligible to vote, postpone the meeting to another date and time.

(b) If the Annual General Meeting is adjourned in a period not exceeding thirty (30) days, the meeting may proceed without the need to issue a new meeting notice. However, no new matters may be discussed other that those stated in the agenda. The meeting is only to settle the original meeting agenda that was unfinished.

(c) If the meeting is postponed more than thirty (30) days from the original meeting date, notice of the new meeting shall be issued in the same manner such as the original notice pursuant to Article 14.4. However, no new matters may be discussed other that those stated in the agenda. The meeting is only to settle the original meeting agenda that was unfinished.

14.8

Administration of the Annual General Meeting
Any matters arising during the Annual General Meeting related to meeting agenda, procedures and administration of the meeting should be referred to Chairman of the meeting whose decision is final.

14.9

Voting And Decision Method

14.9.1

For any decision that requires a vote, voting must be made via:
(a) a raise of hands; or
(b) if requested by:
(i) The President, with the approval of the majority of the members of the meeting; or
(ii) one-half (1/2) of the members of the meeting that have the right to vote.

by using sealed ballot paper.

14.9.2

The voting decision shall be declared by the President immediately upon completion of the voting calculation process and the decision should be recorded in the minutes of the meeting.

14.10

Delivery of Documents and Minutes of Annual General Meeting

(a) The Secretary shall submit the unconfirmed minutes of the Annual General Meeting to the members within thirty (30) days from the date of the meeting was held.

(b) The Secretary shall submit to the Commissioner the required documents as prescribed by the Commissioner within thirty (30) days from the date of the Annual General Meeting. The documents are:
(i) Form PT1 / PT2;
(ii) Minutes of the Executive Committee Meeting to determine the date of the Annual General Meeting;
(iii) Notice (refer to Article 14.4);
(iv) Minutes of the Annual General Meeting;
(v) List of the current members of the Executive Committee;
(vi) Annual Activity Report;
(vii) Annual Financial Report;
(viii) Latest list of Executives; and
(ix) such other documents as required by Commissioner.

ARTICLE 15.

ANNUAL GENERAL MEETING AGENCY

The agenda of the Annual General Meeting shall include, among others, the following:
(a) receive and ratify the minutes of the previous Annual General Meeting;
(b) receive and approve the Committee Report pertaining to the activities of the Society in the previous year;
(c) receive and approve the Treasurer's Report and the Audited Financial Statements for the previous year;
(d) election of the Executive Committee (if relevant); and
(e) other related matters.

ARTICLE 16.

EXTRAORDINARY GENERAL MEETING

16.1

The Extraordinary General Meeting may be held in the following circumstances:
(a) at the will of the President;
(b) as deemed necessary by the Executive Committee; or
(c) upon written request by no less than one-half (1/2) of the number of members with voting rights by stating the purpose and reasons.

16.2	The requested Extraordinary General Meeting shall be held within one (1) month from the date of receipt of the meeting request.

16.3	The Secretary shall distribute the notification and agenda for Extraordinary General Meeting to all members at least fourteen (14) days prior to the meeting date.

16.4

The Extraordinary General Meeting Quorum is the same as the Annual General Meeting. If quorum is insufficient after half (1/2) an hour from the time specified for the meeting, it shall be adjourned to the same day, time, and place in the following week or on the day, time and place as determined by the President, and if quorum is still insufficient at the adjourned meeting half an hour after the set meeting time then the meeting will be cancelled.

16.5	Selection of the Executive Committee may not be held at the Extraordinary General Meeting.

ARTICLE 17.

EXECUTIVE COMMITTEE

17.1	The Executive Committee shall consist of: (a) a President; (b) a Deputy President; (c) a Vice President, (d) a Secretary (e) a Treasurer (f) ten (10) Committee Members.

17.2	The Executive Committee shall be elected at the Annual General Meeting and hold office for a period of two (2) years.

17.3	Candidates for the Executive Committee should consist of office bearings of the Affiliated Clubs

17.4	Each Affiliated Club may nominate one of its office bearers for each of the positions in the Executive Committee, to be elected at the Annual General Meeting

17.5

All office bearers in the Exercutive Committee and other Committees shall be:
(a) Citizens of Malaysia;
(b) be twenty-one (21) years of age or older;
(c) is not a bankrupt;
(d) has never been subjected to any disciplinary action by any sports body in the last five (5) years;
(e) is not convicted of a criminal or civil offense with a fine not less than RM2,000 within the last five (5) years; and
(f) is of perfect intellect;
(g) is trained in the discipline of kendo, iaido or jodo;

17.6	Any office bearer charged with a criminal offense in Court shall be dismissed of the office with immediate effect.

17.7

In the event of a vacancy in the Executive Committee due resignations or demise, the candidate with the second highest vote at the last Executive Committee election will automatically be eligible to hold the position. If there is no such candidate or the candidate rejects the office, the election to fill the vacancy will be held at the next Annual General Meeting

ARTICLE 18.

DUTIES OF THE EXECUTIVE COMMITTEE

18.1

The duties of the Executive Committee are as follows;

(a) Establish sub-committees;
(b) appoint the Chairman of the Sub-committees;
(c) to enforce the policies and decisions of the Annual General Meeting and the Extraordinary Meeting;
(d) manage and administer the Society on a regular basis;
(e) plan, implement and evaluate the Society's programs;
(f) review and recommend programs and related expenditures;
(g) pass or amend the regulations for discussion at the Annual General Meeting or Extraordinary General Meeting;
(h) consider appeals made upon Disciplinary Committee decisions;
(i) monitor and ensure that all members, officers and office bearers comply with the Constitution and regulations as prescribed by this body;
(j) to appoint and fill any vacant salaried office;
(k) grow and formulate strategic development plans for the sport at state level;
(l) take disciplinary action against any office bearers that violate the Constitution and regulations of the Society;
(m) consider applications for Society membership; and
(n) resolve any issues related to regulatory violations, rules, and discipline among officers, office bearers and members through predetermined procedures.

ARTICLE 19.

MEMBERSHIP OF THE EXECUTIVE COMMITTEE

19.1

President
The President during his term of office shall be the Chairman at all meetings of the Executive Committee and is responsible for the smooth administration of all meetings.

19.2

Deputy President
The Deputy President should assist the President in the execution of the responsibility of managing the administration of the Society. The Deputy President should act and carry out the President's responsibilities in the absence of the President.

19.3

Vice President
The Vice President should assist the President and the Deputy President in managing the administration of the Society. In the absence of the President and the Deputy President, the Vice President will assume the duties of both the President and the Deputy President.

19.4

Secretary
The Secretary is responsible for the management and administration of the Society according to the Constitution and execute the instructions of the General Meeting or the Executive Committee. He is responsible for correspondences, keeping of documents such as books, letters and papers except ledgers and the financial books. He should attend all meetings and note the meeting minutes.

19.5

Treasurer
The Treasurer should collect membership fees and keep the relevant accounts related to all financial matters and is responsible for its accuracy.

ARTICLE 20.

EXECUTIVE COMMITTEE MEETINGS

20.1

The Executive Committee shall meet at least once in three (3) months. Notice of each meeting must be distributed to Executive Committee members at least seven (7) days before the meeting date. The President alone, or one third (1/3) of the Executive Committee members may collectively call Executive Committee meetings at any time.

20.2	The quorum of the Executive Committee meeting shall not be less from one-half (1/2) of the total number of Executive Committee members.

20.3	Any member of the Executive Committee that is absent for three (3) consecutive Executive Committee meetings may be automatically dismissed unless the Executive Committee is satisfied of the reasons for the absence.

ARTICLE 21.

SUB-COMMITTEES

21.1

The Executive Committee may establish the following Sub-Committees if there is a need to assist the Executive Committee with the administration of the Society:
(a) Finance Committee
(b) Development Committee
(c) Technical Committee
(d) Election Committee
(e) Competition Committee
(f) Disciplinary Committee
(g) Anti-Doping Committee
(h) Women's Committee
(i) Other Committees as may be deemed necessary.

21.2	Duty of the Sub-Committee The Chairman of the Sub-Committee shall perform such duties as directed by the Executive Committee.

21.3

Subcommittee Duties

(a) Finance Committee
The main task of the Finance Committee is to find a source of income for the Society in the form of sponsorships, government grants, donations or other means that is lawful from the perspective of the Society's regulations and national laws.

(b) Development Committee
The main task of the Development Committee is to organize the development and training programs which include the development of officers and coaches.

(c) Technical Committee
The main task of Technical Committee involves the technical matters of this sports.

(d) Election Committee
The main task of the Election Committee is to select athletes to be recommended to the Executive Committee to represent the Society at any domestic and overseas competitions.

(e) Competition Committee
The main task of the Competition Committee is to organize competitions at the state level.

(f) Disciplinary Committee
The main task of the Committee is to decide cases related to disciplinary misconduct of members including officers and office bearers; and to determine the necessary rules to be obeyed by the parties charged with disciplinary misconduct.

(g) Anti-Doping Committee
The main task of the Anti-Doping Committee is to monitor and ensure that all sportsmen or athletes obey anti-doping regulations. This committee must use the rules of the World Anti-Doping Agency (WADA) and the National Sports Institute (ISN) / Anti-Doping Agency of Malaysia (ADAMAS) or any body recognized by WADA and the authorities in Malaysia.

(h) Women's Committee
The task of the Women's Committee is to safeguard the interests of women in this sport.

ARTICLE 22.

FINANCIALS

22.1	The Society's financial resources may be obtained through: (a) annual fees and re-entry penalties; (b) donations and sponsorships; (c) assistance from the government or authorized bodies; (d) the business returns of the Society; and (e) other sources deemed lawful by national law.

22.2	The income of the Society shall be used to achieve its objectives as set forth in the Constitution Article 4.1.

22.3	All checks or payment vouchers of the association shall signed by the Treasurer and the President or the Secretary.

22.4	Any expenditure less than RM 2,000 at a time may be made without the prior approval of the Executive Committee.

22.5	Any expenditure between RM 2,000 and RM 50,000 at a time cannot be made without prior approval by the Executive Committee.

22.6	Expenditures more than RM50,000 at a time must have the approval of the Annual General Meeting or Extraordinary General Meeting.

22.7	The Treasurer may hold cash amounting to not more than RM 2,000 at any point in time. Any extra cash must be deposited into the Society's account

22.8

The Statement of Income and Expenditure for the current year shall be prepared by the Treasurer and reviewed by the Internal Auditors within thirty (30) days after the end of the financial year. The Audited Statements of Income and Expenditure shall be submitted for approval at the next Annual General Meeting.

22.9	The financial year of the Society is from January 1 to 31 December every year.

ARTICLE 23.

AUDITORS

23.1	Two persons who are not office bearers in the Executive Committee may be appointed as Auditors. Appointment shall be held at the Annual General Meeting. The position held is for a period of two (2) years and may be reappointed.

23.2	The auditor's duty is to examine the financial statements of the Society, and prepare reports and validation of the financial statements.

23.3	The Annual General Meeting may also appoint an accredited Audit Firm to carry out the Society's audit work.

ARTICLE 24.

DISCRIMINATION, EXPLOITATION AND SEXUAL HARRASSMENT

24.1	The Society and members of the Society including individuals, officers, office bearers, coaches and athletes are responsible to warrant justice and equality regardless of gender, religion and race.

24.2	The Society must ensure that there is no exploitation, physical, emotional and sexual disruption inflicted on any person in the Society.

ARTICLE 25.

SAFETY, INSURANCE AND MEDICAL

25.1	The Society is responsible for the safety of its members or athletes participating in any tournament or competition whether at home or abroad.

25.2	The Society member or athlete participating in any tournaments or competitions whether domestic or overseas should be covered by insurance funded and managed by the Society.

25.3	The Association is responsible to provide medical facilities to members or athletes participating any tournament or competition whether at home or abroad.

ARTICLE 26.

INTERPRETATION OF LAW
At the Annual General Meeting, the Executive Committee may interpret any matters that are not contained in this constitution as long as the interpretation does not conflict with the purpose and objectives of the Society.

ARTICLE 27.

INTERNAL DISPUTES
The Executive Committee, in collaboration with the Disciplinary Committee, is responsible for establishing a mechanism to deal with any disputes that arise among its members according to the internal procedures set forth in the rules of the Society. If dispute resolution fails, the Society should refer to this sports management body for resolution.

ARTICLE 28.

PATRONS OR ADVISORS

28.1	The Executive Committee may appoint individuals to be a patron or advisor to this Society, if necessary.

28.2	The patron or advisor has no authority in the administration of the Society and is also not able to vote.

ARTICLE 29.

AMENDMENT OF THE CONSTITUTION

29.1	This Constitution cannot be amended except by the decision of two-thirds (2/3) of the members that are eligible to vote in Annual General Meeting or Extraordinary General Meeting.

29.2	Any amendments to the Constitution must be submitted to the Commissioner within thirty (30) days from the date it is approved by the Annual General Meeting or the Extraordinary Meeting. This amendment cannot be enforced for as long has not received written approval from the Commissioner.

29.3	The Commissioner may direct the association to amend the constitution where there is a need to do so.

ARTICLE 30.

PROHIBITION

30.1	All forms of gambling and activities that are contrary to Malaysian laws are prohibited at the Society's premises.

30.2	The Society may not be involved, cooperate or have ties to any political activity or any political party and use the name of the Society in any political issue.

ARTICLE 31.

DISSOLUTION

31.1	The Society may be dissolved at a special General Meeting for this purpose and by a decision of two-thirds (2/3) of members eligible to vote.

31.2	After the Society is dissolved, all remaining cash or assets must be handed over to the Director General of the Malaysian Insolvency Department

31.3	The decision of the dissolution should be communicated to Commissioner within fourteen (14) days from the date of dissolution through forms as determined by Commissioner.