Relative To The National Sports Federations

Original Language Title: RELATIVO A LAS FEDERACIONES DEPORTIVAS NACIONALES

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"(Artículo único.-Introdúcense las siguientes modificaciones a la ley Nº 19.712, deel Deporte: 1) (replaced, in the letter l) article 12, point and final coma (;), by a separate dot (.)" and add the following second paragraph: "these scholarships do not constitute income for any legal purpose;".
2) delete, in the letter f) article 32, the term "national", and insert the following letter g), new, passing the current literal g), h) e i) to be letters h), i) and j), respectively: "g) National Sports Federation: is the Sports Federation that complies with the following requirements: 1. be affiliated to an International Sports Federation recognized by the International Olympic Committee" , Alternatively, be recognized as such by established resolution of the national direction of the Institute, according to the committed public interest and the degree of implementation of the respective discipline in the country.
2 be integrated by clubs or associations having seat on more than five regions of the country.
3 be integrated by at least fifteen clubs.
4. having each of the clubs concerned, at least, ten athletes who have participated in official competitions of the Federation in any of two calendar years previous.
The National Director of the Institute shall, by resolution established, exempt from compliance with the requirements established in the numbers 2 and 3 to those federations whose sports have a strong local accent. This decision will determine the number of regions or provinces in which must be constituted such federations and the minimum number of clubs which should integrate them.
These federations will be required to include in its name the abbreviation "FDN". "."
(3) add, in article 38, the following final paragraph: "the confederations or South American, continental, international, or global sports organizations of sports recognized by the Olympic Committee of Chile, which is member of a National Sports Federation, may act in Chile as sports organizations according to the procedure laid down in this paragraph.".
((4) delete, in the letter k) of article 39, the final sentence ", only once, for new period".
(5) replace the fourth subparagraph of article 40 with the following: "For the purposes of this article, meetings of federations and sports associations may constitute with delegates designated annually by the respective organization which they represent, attaching a copy of the certificate of appointment for this purpose".
(6) incorporated, in title III "sports organisations", the following paragraph 4: "paragraph 4 special regime of sports federations national article 40-the national sports federations, hereinafter also" NDF "(, quedarán legalmente constituidas siempre que cumplan con los requisitos establecidos en la letra g) of article 32 and its registration in a special registry that will keep the national direction of the Institute for these purposes is made." They will lose this quality if they fail to meet the stated requirements, in which case will cancel their registration, keeping only its condition of Sports Federation.

Article 40 B-cannot deny is the incorporation or staying in an NDF to a sports association or club that required and complying with the legal, regulatory and statutory requirements for this.
Article 40 c.-the statutes of the NDF should establish the mechanism whereby sportspeople of the respective specialty shall appoint a Commission of athletes who will represent them in the Federative direction.
They may be members of this Committee athletes of the respective discipline, activity or situation of retirement, who have participated in the national tournaments of their sport, at least all category competitor, or in those of the Olympic programme, up to eight years after their last participation.
The Chairman of this Commission, or in its replacement, the delegate alternate appointee, shall have the right to speak and vote at ordinary and extraordinary assemblies of the Federation and only voice sessions in your directory.

Article 40 D-statutes of the NDF must contemplate a technical Committee made up of an odd number of people not less than three, who will be appointed by the Board of Directors at the first meeting held after his election and will last the same time as this.
The technical Commission shall propose to the Board of the Federation the formation of delegations of athletes who will represent the country in international competitions. These proposals shall be exclusively technical criteria and preliminary realization of selective or qualifiers, regulated and opportunely informed athletes skills.
The President of the Federation, with the absolute majority of the Board, may reject the proposal and form a separate delegation, also based on strict technical criteria and learn the fundamentals of its decision at the next regular meeting.
The Commission will collaborate with the National Commission for doping control in carrying out activities of dissemination and training anti-doping, as well as the coordination of preventive controls on athletes affiliated with his Federation, especially to those selected to represent the country in international competitions.

Article 40 E-the NDF must perform at least two annual ordinary meetings. The first will be held within the first four months of the respective year and it must treat the approval of the balance sheet, financial statements for the previous period and the phonebook memory. The second will take place in the last quarter of the year and it shall approve the budget of the following year and the annual management plan to be implemented, including the official competition schedule and a report of the technical Commission on the criteria to be used for the selection of athletes participating in international competitions.
The statutes of the NDF must contemplate a voting system of the associations affiliated to them, that is proportional to the number of clubs that integrate them.

Article 40 F-to be elected director of a NDF is required to comply with the following requirements: to) be Chilean or foreign resident for more than three years in the country.
(b) have at least twenty-one years of age.
(c) proof that the club's partner has a year old in the NDF.
(d) not a member of the Electoral Commission of the NDF.
e) have completed a training course in sports administration and management matters. Only those courses that have been taught or recognised by the Institute for these purposes will be accepted.
This latter requirement shall not apply to leaders that they prove to be in possession of a race of at least eight semester degree or professional title.
To be elected in the positions of President, Vice President, Treasurer or Secretary General of a NDF will be required, in addition, director or former Director of the Federation itself or any of the organizations that form part of it.
People who have played charges indicated in the foregoing paragraph in an NDF, in any capacity, for eight years, continuous or discontinuous, may not be elected or reelectas in charge of the directory, except that have, at least, four years passed since he concluded his last year.

Article 40 G-not be directors of the NDF: to) persons with disability sanctioned the national sports Arbitration Committee during the period of the suspension or deprivation of the right to be elected.
(b) persons convicted of offences referred to in law No. 19.327, which punishes acts of violence in the sports venues, and law No. 20,000, which penalizes the illicit traffic in narcotic drugs and psychotropic substances.
(c) persons convicted of crimes committed on the occasion of the exercise of the office of director or member of a sport organisation.
(d) failed or administrators or legal representatives of failed persons convicted of offences of culpable or fraudulent bankruptcy.
(e) persons sentenced for crimes that deserve punishment disturbing, whatever the sentence imposed or effectively accomplished.

Article 40 H-in the exercise of their functions, directors of the NDF will respond to slight fault for the damages that caused your organization. The director who wants to save its liability for any act or agreement of its Board must record its opposition in the respective high, which must realize in the next ordinary Assembly.

Article 40 i.-the NDF may not perform acts or onerous contracts in which one or more of its directors have interest.
Means that a director has an interest in an act or contract when he, his spouse, adopted children or relatives to the third degree of consanguinity and second of affinity inclusive should intervene in its execution or celebration. Also, when such action occurs through companies or companies in which he or any of the above-mentioned persons are directors or owners of ten percent or more of their capital.
When a director of the Federation is the only provider of a good or service essential for the development of the activities of the Organization, the directory may agree by unanimity of its members and with the exception of the mentioned director, who purchased the well or recruit the referred service whenever its price fits the market values and is given to know the intended act or contract in the memory that will be presented to the next ordinary meeting.
Directors who violate this prohibition will be punished with disqualification to perform the office of sports leader for the term of ten years, without prejudice to respond for the damages caused to the Federation and others.

Article 40 J-to FDN shall not be them Article 557 of the Civil Code.
However, they must complete accounting of its operations. Its annual accounts must be audited by an entity registered in the registration of external auditors of the Superintendency of securities and insurance. Said balance sheet, financial statements and the phonebook memory must be sent to the respective organizations of base by any means suitable, at least fifteen days prior to the date of the Assembly, which must rule on them, and must in addition published in visible places in the headquarters of the Federation or on the website of this , with the same anticipation.
Without prejudice to the powers of control and supervision of the Institute, the NDF must, in the month of may of each year, simply send a copy of the balance sheet of the immediately preceding year, financial statements and results of the external audit report for. While not sent this information, the Institute will not transfer new funds to the respective national Sports Federation. The financial statements of the NDF will be published by the National Institute of sports in their institutional Web site.
Those NDF that are disabled to receive resources from the Institute by a causal established under this law or its regulations may be submitted to the external administration of such resources, by resolution founded the National Director of the Institute. Perform this administration the Olympic Committee of Chile or a third nominated by common accord between the President of the designated Committee and the National Director of the Institute.
If the disqualification for receiving public resources are prolongare for more than twelve months, it shall cease, full-fledged, the respective duration of the directory of the Federation. In any case, the outgoing directory must call election within fifteen working days of meeting the mentioned deadline, and can participate in any of its members.
Corrected the disqualification, shall cease the external administration with regard to new projects, but will continue in relation to those who are running the administrator.
The external administrator can carry out sporting projects funded with public resources that are running and new matching plans or sports programs approved by the Institute for the development of the discipline or athletes.
External administrators fees may not exceed ten per cent of the total amount of sports projects that manage and can be solved with public resources considered in them.

Article 40 k.-the NDF will be entitled to obtain State resources to finance the costs necessary for its administration, such as remuneration of staff, rental of offices, common costs and similar expenses, in addition to the mileage expense for the realization of their assemblies. You can also obtain resources to finance expenses for acquiring all the computational technology implementation that require the development of its activities and projects. These resources will be financed with charge to the percentage allocated to the NDF of the entries of the system forecasts and bookmakers established in article 90 of the law No. 18.768, amended by law No. 19.135 and resources the Institute designated to this effect, according to budget availability.
These federations will organize, produce and market sports events of their respective sport as also perform economic activities related to its purposes and invest their resources in the way agreed their organs of administration. Revenues received only may be used for the purposes of the Federation.
The NDF will be exempt from the tax stamps and stamps contained in Decree Law No. 3.475 of 1980, in all acts and contracts concluded for the attainment of its goals, as also of the rights and taxes by the activities that perform at their headquarters.
Programs, projects and activities of the NDF may be submitted at any time to the Institute and will have a preferential processing when they relate to the participation of their delegations in international events or the implementation in Chile of international competitions.

Article 40 L-the federations Sports national, whatever the number of its members, shall be obliged to choose a Court of Honor or Ethics Committee, in the form and opportunity established in article 40. At least one of its members shall have the title of lawyer.

Article 40 mm.-the Committee national sports arbitration, hereinafter the "Committee", is a collegial body attached to the Olympic Committee of Chile, which shall exercise disciplinary authority over the national sports federations.
This Committee shall consist of five members: to) three members elected by the Council of the delegates of the Olympic Committee of Chile, and two of them have the title of lawyer.
(b) two members appointed by the Director of the National Institute of sport. One of them will be selected a proposal from a list showing you the national sporting organizations that are not affiliated to the Olympic Committee of Chile, which will be convened by the National Director for this purpose. In any case, at least one of the designated must have the title of lawyer.
The Committee will also have five alternate members appointed in the same way as holders.
In case of inability, implication, challenge or other reason that prevents one or more of its members know of an issue, it will be replaced by the alternate has been chosen to replace it.
The members and alternates of the Committee will last four years in office and may be appointed for further periods. Vacancies that may occur will be provided in the same way that this article must be carried out only by the time remaining to the Member causing the vacancy.
The quality of titular member or alternate of the Committee shall be incompatible with any leading position in sports organizations subject to his authority and same disabilities and incompatibilities laid down will affect them to occupy the post of director of them.

Article 40 N-regular members or alternate members of the Committee shall be entitled to receive a diet equivalent to three monthly tax units for each audience to attend, with bumper up to twenty-four monthly tax units per each calendar month, sums that will increase by fifty percent in the case of the President and Secretary of the Committee.
The expenditure necessary for the operation of the Committee will be funded through the Olympic Committee of Chile, through projects that the Institute shall approve annually, according to budget availability.

Article 40 N-designated members for each quadrennial period, the Committee will be installed at a public meeting within thirty days from the last appointment, which shall choose from among them a President and a Secretario-Relator that will, at the same time, Minister of faith of their performances.
The President and the Secretary of the Committee will last two years in office, the term from which shall, in the same way, to those who will succeed them in the next two years.
The Committee may not operate or adopt agreements without the concurrence of the majority of its members.

Article 40 or.-the members of the Committee will cease in their positions by the following causes: 1. resignation accepted by the Committee.
2. expiration of the term of his appointment.
3. application to a popularly elected position.
4. by having been sentenced to a crime or simple offence.
5.-for being named in an incompatible position, in the terms referred to in the final subparagraph of article 40 M.

Article 40 P.-the Committee shall have the following functions and duties: 1. to ensure the proper functioning of the courts of honour or of ethics of the federations Sports national commissions, and can give them instructions so that they correct the problems that follow in its work.
2. know claims for faults or abuses committed members of the courts of honour or ethics commissions in the performance of their duties.
3.-meet requests for review that are formulated with respect to the final rulings handed down by the courts of honour or ethics committees of the NDF, relating to the following matters: a) breach of standards of ethics, probity or sports discipline.
(b) actions involving arbitrary infringement of the rights of athletes.
In the exercise of these powers the Committee may rescind or modify resolutions and, in addition, require the removal of one or more of the members of such courts or commissions to the respective Federation.
4.-resolve, in sole instance, ex officio or at the request of the party concerned, the failures identified in the letters a) and b) of the number 3 above, if for any reason the respective NDF has not established her Court of Honor or Ethics Committee.
The competence of the Committee shall extend to infringements occurring in national or international competitions recognized or authorized by a FDN.
The statutes of the NDF and those of associations or clubs that integrate them must contemplate express recognition and allegiance to the authority of the Committee.

Article 40 Q-Podran resorting to the national sports Arbitration Committee leaders, executives, athletes, support staff thereof, trainers, technicians, officials, referees or staff federations or organizations affiliated with them.
They may also require the intervention of the Institute Committee and the Olympic Committee of Chile when they tomaren knowledge of faults to ethics, probity or sports discipline committed by persons belonging to an organization subject to the disciplinary authority of the National Committee of sports arbitration.

Article 40 R-proceedings that are pending before the Committee will be public and oral. However, the parties may submit minutes written in which expose the facts invoked, the rules that would have infringed and requests that are submitted to the Committee for consideration.
The procedures shall be as follows: 1. in cases in which a complaint against the actions of a member of a Court of Honor or Ethics Commission is formulated, the Committee will be mentioned to an audience that will be the fifth working day following the last notification. That deadline will be extended, if the requested Party is not in the place of commencement of the procedure, with all the increase that corresponds in accordance with provisions of article 259 of the code of Civil procedure.
In the aforementioned hearing the respondent can formulate their disclaimers and request is received the cause to test.
Not deducting is opposed to the claim or in the event of default of the requested Party, the Committee will receive the cause to test, or will be mentioned to the parties to hear their sentence on the subject submitted to his knowledge, as deemed in accordance with law.
The test will give up within the time and in the manner established for incidents in the code of Civil procedure.
Expiration of the probationary term, the Committee, immediately, will quote the parties to hear sentence.
The decision shall be given within the period of ten days after the date of the resolution cited the parties to hear sentence.

2. in the event that prompted the revision of a final decision of a Court of Honor or Ethics Committee, such petition shall be in fatal term of ten days from the notification of the party who made the request. It must contain the basics behind and specific requests that are submitted to the attention of the Committee. If presented after the deadline or fails to comply with such requirements, the Committee shall declare it inadmissible.
Receipt of the application, the Committee will require report to the Court of Honor or Ethics Committee corresponding to make their comments within a maximum of five days. The Committee may also request that they may send the background to the process that was issued the decision whose review is sought.
Given such a history, the Committee may issue measures to better solve or receive the cause to test. In the latter case, the test will give up within the time and in the manner established for incidents in the code of Civil procedure.
Executed the above measures or expired deadlines for testing, the Committee will be mentioned to the parties to hear sentence.
If the Committee declared no request, it will return history Ethics Committee corresponding to the Court of Honor.
If it welcomes the request of the applicant, it will dictate a resolution of replacement and may impose the penalties provided for in the following article.
In all matters not provided for in this article shall apply supplementary provisions laid down in a regulation which must guarantee the principles of advertising and orality, and others that ensure due process.

Article 40 S.-the Committee national sports arbitration may be imposed according to the severity and recurrence of the violations committed, one or more of the penalties listed below: 1. verbal or written reprimand.
2. disqualification to integrate one or more national or international sports delegations.
3. loss of awards, points, positions or medals obtained in those skills in which the offence was committed and which were organised by sports entities subject to this law.
4. suspension of the statutory rights of the offender in your sports organization for a period of time which may not exceed five years.
5. disqualification to be elected in any fees established in the statutes of a sports organization, or to exercise any function in them for a period of time which may not exceed that provided for in the preceding paragraph.
6. removal from office that is exercised.
This sanction may be imposed to all the members of a Board of a sports organization when they committed a grave breach of the obligations imposed on them by this law.
7. expulsion of the sports organization.
The resolutions of the Committee should be always informed and are understood to be without prejudice to the General powers of control and supervision of sports organizations granted by this law to the Institute. Such resolutions shall not preclude to give effect to any administrative, civil or criminal responsibility of offenders.
The Committee should be a record of the disciplinary measures imposed and its duration. Also certify, at the request of sports organizations, the annotations that appear on it.
Directory of a sports organization that failing to comply with the resolutions of the Committee will lose its validity in the corresponding registry and its members will be disabled to stand as candidates for the election of their replacements.

Article 40 T-norms of this paragraph shall not apply to the Chile Football Federation or to the organizations that comprise it. "."