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Resolution Of 5 October 1993, Of The Secretariat Of Estado-Presidencia Of The Council Superior Of Sports, Which Has The Publication Of The Statutes Of The Spanish Sports Federation For Cerebral Palsy.

Original Language Title: Resolución de 5 de octubre de 1993, de la Secretaría de Estado-Presidencia del Consejo Superior de Deportes, por la que se dispone la publicación de los Estatutos de la Federación Española de Deportes para Paralíticos Cerebrales.

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TEXT

In the exercise of the powers conferred by Article 10.2.b of Law 10/1990 of 15 October of the Sport, the Commission of the Council of the High Sports Council has definitively adopted the Statutes of the Federation Spanish Sports for Cerebral Paralytics, and authorized their registration in the Register of Sports Associations.

In compliance with the provisions of article 31.7 of the Law of Sport, and article 12.3 of Royal Decree 1835/1991 of 20 December, on Spanish Sports Federations, the publication in the Official Journal of the Status > of the Statutes of the same and their modifications.

By virtue of the above, this Secretary of State agrees:

Arrange the publication of the Statutes of the Spanish Federation of Sports for Brain Paralitics contained in the Annex to this Resolution.

Madrid, October 5, 1993.-The Secretary of State-President of the Superior Council of Sports, Rafael Cortes Elvira.

ANNEX

SPANISH FEDERATION OF BRAIN PARALYTIC SPORTS

TITLE FIRST

General provisions, denomination, object, sports modalities, competencies, domicile, duration and territorial scope

Article 1. The Spanish Federation of Brain Paralitical Sports (FEDPC), is the Entity that, within the territory of the Spanish State, brings together the cerebral paralytic sportsmen, coaches, technicians and referees, as well as clubs, Sports and Federations of the Autonomous Communities, which practice, promote or contribute to the development of the different sports modalities of cerebral paralytics.

At present, these sports modalities are the following: Athletics, Cycling, Table Tennis, Swimming, Fuencia -7, Soccer Room, Boccia, Slalom and Ski.

It will be governed by the present Statutes, by its Regulations and in everything not foreseen by the same by Law 10/1990, of the Sport; the Royal Decree 1835/1991, on Sports Federations; Order of 28 April 1992; Royal Decree 1591/1992, of 23 December, on Sports Discipline, and other applicable provisions, or those other rules which may in future replace those currently in force.

Art. 2. The FEDPC is a private associative entity of public utility, without profit, that enjoys full legal personality and ability to act for the fulfillment of its purposes and is organized in a democratic way.

The Federation is constituted for an indefinite period.

Its scope of action, in the development of its own competences, extends to the whole of the state territory. Its territorial organization will be adjusted to that of the State in Autonomous Communities.

Art. 3. The FEDPC has its registered office in the street Conde de Penalver, 63, sixth, D, 28006 Madrid. The Delegation of the General Assembly may agree to the changes of domicile within the municipal term that it deems appropriate. Changes of domicile outside the municipal term will be agreed by the General Assembly.

Art. 4. It is up to the FEDPC to order and direct the Spanish sport of cerebral paralytics, under the coordination and tutelage of the Superior Council of Sports and in coordination with the Federations of the Autonomous Communities, without prejudice to the competences which stasn has been attributed.

In particular, and merely as enunciative, they will be the functions of the Federation:

a) Promote, promote, promote and regulate the development of the sports modalities of cerebral paralytics in coordination with the Autonomous Federations.

b) Organize and enhance the participation of Spanish athletes in competitions and meetings of an international character, by creating the corresponding selections.

c) Coordinate the participation of the clubs, Entities and athletes affiliated in the competitions and meetings of international character.

d) Maintain relations and exchanges with the various Federations and International Organizations as well as with the National Federations of other States.

By delegation of the Sports Council:

e) Organize and qualify state-wide official sports activities and competitions.

f) Design, develop and execute the plans for the preparation of the high level athletes and participate in the preparation of the lists of the same.

g) To collaborate with the relevant Public Administrations, in the training of sports technicians and in the prevention, control and repression of the use of prohibited substances and pharmacological groups and non-regulatory methods in the sport.

(h) Regular the disciplinary rules of sport in the terms of the Law of Sport and other applicable provisions and exercise disciplinary power.

i) Exercise the control of the grants to be assigned to the Sports Entities under the conditions set by the Superior Council of Sports.

j) Execute, as appropriate, the resolutions of the Spanish Committee for Sports Discipline.

k) Organize and protect international competitions held in the territory of the State, in collaboration with the Superior Council of Sports.

The FEDPC has the representation of the Spanish State in the official international sports activities and competitions that are held inside and outside the State.

It also represents Spain to the Federation or International Federations that correspond to its sports modalities.

Art. 5. For participation in official state-wide sports activities or competitions, it will be necessary to be in possession of the FEDPC license with the following minimum conditions:

The amount of the license will be fixed by the General Assembly, the revenue produced by this concept will be directed primarily to finance the structure and functioning of the Federation.

The FEDPC will issue the requested license within a period of 15 days from your request, once you have verified the compliance with the sports requirements established for your expedition in these Statutes.

The unjustified non-issuance of the licenses within the prescribed period will entail for the FEDPC the corresponding disciplinary responsibility as provided for in the sports legal system.

Licences that are issued by the FEDPC will have compulsory insurance as referred to in article 59.2 of the Law of Sport.

The licences issued by the Autonomous Federal Federations shall enable such participation when they are integrated into the FEDPC, shall be issued in accordance with the minimum conditions of economic and formal nature which Establish the General Assembly of the FEDPC and communicate its expedition to this Spanish Federation.

For these purposes, the rating will take place once the Federation of Autonomous Communities pays the EFSD the economic quota within the deadlines to be fixed.

The licenses issued by the Autonomous Federations that, as provided for in the preceding paragraphs, enable participation in official state-wide sports activities or competitions, record the corresponding data, at least, in the official Spanish language of the State.

These licenses will reflect three economic concepts:

Mandatory insurance as referred to in article 59.2 of the Law of Sport.

Fee for the FEDPC.

Share for the Sports Federation of the Autonomous Community.

The quotas for the FEDPC will be of equal economic amount for each sports modality, standard and category, and will be fixed by the General Assembly of the FEDPC.

TITLE II

Integrated Estates in the Federation; Rights and Duties

Art. 6. The physical and legal persons referred to in Article 1 are members of the FEDPC. which, having applied for admission in accordance with the procedure laid down in law, complies with the requirements laid down in these Statutes.

The number of affiliates will be unlimited.

The Federation will bring a list of all members on a membership order. Each one will have a number.

Art. 7. In order to be admitted as an affiliate in any of the forms specified in Article 1 (1), the following general requirements shall be met:

a) Form a written request addressed to the Board of Directors.

b) Meet the corresponding revenue share.

The athletes, in order to join the Federation, will have to prove by means of certification of disability diagnosis of Cerebral Palsy or other non-progressive brain injury that produces a locomotor dysfunction, according to the norms of the International Cerebral Palsy Federation (CPISRA).

As for sports clubs, in order to join the Federation, they must also be registered in the Register of Sports Associations corresponding to the Autonomous Community in which they have their registered office.

The registration of clubs and athletes in the FEDPC should be done through the corresponding Autonomous Federations. As for the technicians, coaches and referees, they will be directly enrolled in the FEDPC.

Art. 8. The affiliate condition will be lost:

(a) By voluntary leave, by writing to the Board of Directors.

(b) By agreement of the Board of Directors, subject to a disciplinary sanction based on very serious misconduct, with a prior hearing of the person concerned in accordance with the disciplinary regulations.

c) For the loss of the conditions provided for in these Statutes to be affiliated.

Art. 9. Affiliates shall have the following rights and obligations:

1. Rights:

a) To be electors and eligible for the governing bodies and representation of the Federation, under the conditions set out in the title Vde of these Statutes.

b) Participate and enjoy the activities of the Federation and contribute to the fulfillment of its aims.

c) To demand that the Federation adjust in all its activities to the current regulations and to the present Statutes.

d) Separate freely from the Federation.

e) To know the activities of the Federation and its organs and to have access to its documentation, including the Federation's accounts, upon request reasoned to the Board of Directors according to the procedure established to this effect.

2. Obligations:

a) Abonar the quotas to be fixed by the Board of Directors.

b) To comply with the Statutes, Rules of Procedure and other provisions or agreements which the organs of the Federation shall validly adopt.

c) Contribute to the achievement of the objectives and activities of the Federation at both the sporting and the participatory level.

d) Facilitate an address for the library of the Federation's communications and communicate its changes.

e) Obtain the Federative License to be able to participate in the official state-wide tournaments and championships.

Art. 10. The athletes participating in the official sports competitions must be in possession of a sports license that will enable them for such participation.

TITLE III

Territorial organization; relationships with autonomic realm Federations

Art. 11. The territorial organisation of the FEDPC is in line with that of the State in Autonomous Communities. To this end, it is territorially articulated through the Federations of Sports for Cerebral Paralytics of the Autonomous Field.

The autonomic federations have their own legal personality and legal and economic regime and are fully sovereign in the exercise of their powers within their respective territorial areas.

The relationships between the FEDPC and the autonomic scope Federations are subject to the following rules:

(a) The Presidents of the Autonomous Federations will be part of the General Assembly of the FEDPC where they will hold the representation of those.

The autonomic federations that comprise several minusses, among which the Cerebral Palsy is located, will appoint a representative of the collective that will be part of the General Assembly of the FEDPC.

There will only be one representative for each Autonomous Federation.

(b) The sporting disciplinary regime in official state-wide competitions shall be that provided for in these Statutes and in the Regulations of this Federation.

c) The autonomic Federations will hold the representation of the FEDPC in their respective territorial areas.

(d) The Federations of the Autonomous Community, may request their integration into this Spanish Federation of Sports of Cerebral Paralytic Handicapped, by agreement adopted to this effect, by the competent organ of the same.

When in an Autonomous Community there is no Autonomous Federation or existing Federation, it has not been integrated into the FEDPC the latter will be able to establish in that Autonomous Community, in coordination with its Sports Administration, a Territorial Delegation.

TITLE IV

Governance, representation, and administration organs

Art. 12. The FEDPC shall be governed by the General Assembly and the President, who are its organs of representation, government and administration. In addition, the Delegated Commission, the Board of Directors and the Manager will be constituted as complementary bodies of those and the Committee of Competition as a court.

CHAPTER FIRST

The General Assembly

Art. 13. The General Assembly is the top governing body of the FEDPC. It is represented by the Federations of the Autonomous Communities and the athletes, coaches, technicians, referees, clubs and sports groups that are affiliated to the Federation. Their agreements are binding on all FEDPC affiliates and on the President and other bodies of the Entity.

They will be members of the General Assembly:

(a) The Presidents of the Autonomous Federal Federations in their own right.

b) the representatives of the clubs, the athletes, coaches, coaches and referees and the other groups referred to in Article 1. They shall be elected every four years, coinciding with the years in which the summer Olympic Games are to take place, by free, secret, equal and direct suffrage between and by the components of each of the said procedures, according to the procedure The elections are regulated in the present Statutes and in the regulations of the Federation.

The Assembly will be made up of a maximum of 50 members, without counting the presidents of the Federal Federations.

The different collectives listed under heading (b) above will be represented in the Assembly in the following proportions:

1. Sports clubs: 60 per 100.

2. Athletes: 30 per 100.

3. Technicians: 5 per 100.

4. Judges and referees: 5 per 100.

Art. 14. They correspond to the Assembly, convened and constituted in accordance with the provisions of these Statutes, full powers to govern the Entity and to resolve their affairs.

You may meet in plenary or in a delegated committee.

Section 1. Plenary General Assembly

Art. 15. It is for the General Assembly, in a plenary meeting, as necessary and independent of the provisions of the Statutes:

a) Approve the balance sheet of the previous year, the new budget and the settlement of the previous one.

b) Approve the sports calendar.

c) Approval and modification of the Social Statutes in accordance with the provisions of Title X.

(d) Election and termination of the President in accordance with the procedure laid down in Title V, if applicable.

Art. 16. The General Assembly shall meet once a year in plenary session, for the purposes of its competence. The other meetings shall be extraordinary. The meetings of the ordinary and extraordinary Plenary General Assembly shall be convened by the President.

The Extraordinary General Assembly shall be convened by the President whenever he considers it appropriate for the interests of the Federation or upon request by the Commission Delegated by agreement adopted by a majority of its members or by a number of members of the General Assembly not less than 20 per 100.

All the calls will be made by means of a circular that will be notified to each of the Autonomous Federations, and to all the representatives of the different estates represented in the Assembly, with a minimum of anticipation of Thirty calendar days to the date indicated for its celebration.

The announcement must express the place, date and time of the first call meeting, and second if appropriate, and the order of the day.

Art. 17. If the General Assembly is not convened repeatedly by the President within the time limits laid down in the Statutes, it may be the same by the Board of Directors of the Superior Council of Sports, at the request of the Delegation of the Federation by agreement adopted by the majority of its members or at the request of a number of members of the General Assembly not less than 20 per 100.

Art. 18. The General Assembly, both ordinary and extraordinary, will be validly constituted, in the first call, when the half of its members are present, and in the second convocation, whatever the number of members, with a minimum of three. Between the two calls shall be one hour.

The agreements shall be taken by a simple majority of the members of the Assembly present at the time of the vote except in those cases, established by these Statutes, in which a reinforced majority is necessary.

Art. 19. The meetings of the Assembly shall be chaired by the President of the Federation and his vote shall be settled in the event of a tie. He will act as the Secretary who is from the Board of Directors. The Registrar shall draw up the minutes of each meeting.

Each member of the Assembly shall have one vote. The vote by mail shall be admissible for the approval of the agreements which are the subject of the ordinary Assembly, but not for those who may be the subject of an extraordinary Assembly or for the election and termination of the President and the members of the Delegation.

Section 2. Delegation of the General Assembly

Art. 20. The Delegate Commission shall consist of the President of the Federation and six members to be elected every four years by and from among the members of the Plenary General Assembly as follows:

Two members will be elected by and from the Presidents of the Autonomous Federations.

Two members will be chosen by and from among the representatives of the clubs. Representatives of clubs from the same Autonomous Community may not have more than 50 per 100 of the representation.

Two members will be appointed by the rest of the parties represented in the Assembly, in proportion to the representation of each one in the Assembly.

His mandate will coincide with that of the General Assembly, and the vacancies that occur during the mandate will be filled annually by the Plenary Assembly. It shall meet at least once every four months on a proposal from the President.

Art. 21. It will be up to the Delegate Commission to decide on the following matters:

(a) Approve and amend the Rules of Procedure.

b) Modify the budgets and decide on everything that concerns the sale of real estate, ask for money on loan or to contract obligations of any kind that they can, to impose extraordinarily the patrimony of the Entity, or whose value exceeds 10 per 100 of the annual budget or 50,000,000 pesetas.

c) Agree on the transfer of the registered office within the municipality.

d) Set the ordinary and extraordinary quotas.

e) Develop an annual report on the sport and economic management of the Federation.

f) Develop an annual report on sports and economic management and on the budget, to present it to the General Assembly before the approval of the budgets.

g) Modify the sports calendar.

The amendments referred to in the preceding paragraphs may not exceed the limits and criteria established by the General Assembly.

The proposal for these issues will be up to the President or two-thirds of the members of the Commission.

CHAPTER II

The President

Art. 22. The President is the executive body of the Federation. He will hold his legal representation, convene and chair the governing and representation bodies and execute his agreements. It will have full powers to resolve all issues that arise in the normal development of the activity of the Federation and which is not the exclusive competence of the General Assembly. It shall ensure compliance with the Statute, the Rules of Procedure and the Agreements adopted by the General Assembly. He shall be responsible for the acts which he carries out as such before the General Assembly.

They will be their main functions:

a) To exercise in the name of the Entity judicial or extrajudicial actions in front of all kinds of Bodies or Courts.

b) Chair the sessions of the General Assembly, the Board of Directors and the Delegate Committee.

c) To vote, with your vote of quality, for the votes in which there is a tie.

d) Authorize, with your signature, the Federation documents.

The President will be empowered to take all the necessary provisions as necessary to be urgent or not to be provided for in the Statutes, and he will have to answer to the Delegate Committee at its first meeting.

Art. 23. The President shall be elected every four years, coinciding with the years in which the Summer Olympic Games are to take place, by the General Assembly by means of free, direct, equal and secret suffrage of its members.

The candidates, who must be members of the General Assembly, shall be proposed by at least 15 per 100 of the members of the Plenary General Assembly.

Your choice must be made by an absolute majority of the number of votes in the Assembly. If the majority were not reached in the first vote, a second vote would be taken, in which the simple majority would be sufficient.

The maximum period of the same person's exercise will be three consecutive terms.

Art. 24. The office of President may be remunerated by favorable agreement of the absolute majority of votes present in the General Assembly. The Assembly must also approve the amount of the remuneration with the same number of favourable votes.

The President's remuneration, which will end with the end of his term of office, cannot be satisfied by the public subsidies received by the Federation.

Art. 25. The exercise of the office of President, except when it is remunerated, shall not require exclusive dedication and shall be compatible with any occupation that allows the person who has it, the necessary dedication to it.

Art. 26. 1. Irrespective of the criminal, civil and administrative responsibilities which are generally enshrined in the Spanish law, the members of the various bodies of the EDPC are specifically responsible for the acts, resolutions or agreements adopted by the party of which they are party.

2. They are also, in the terms provided for in the general sports legislation, in the present Statutes and in their Rules of Procedure, for the failure to comply with the agreements of any federal bodies, general rules or commission of the necessary faults in the federal disciplinary system.

CHAPTER III

The Board Of Directors

Section 1. General rules

Art. 27. The Board of Directors is the management body of the Federation.

Will be composed of the President of the Federation, who will chair it; the Vicrepresident, who will replace him in case of absence and will be a member of the General Assembly; the Secretary; the President of the Medical and Vocal Committee up to a maximum of 11 members, who shall be freely appointed and revoked by that person.

All of the Board's positions, with the exception of the President who may be remunerated, will be honorary.

The components of the Board, with the exception of the President and the Vice President, should not be mandatory members of the General Assembly. In case they are not, they will have a voice but no vote.

The Board members are responsible for their actions before the General Assembly.

Art. 28. The Board of Directors shall meet as many times as its President deems appropriate and, in any case, once every quarter.

The call of the Board will be made by the President with a minimum of two days in advance of the date of its conclusion.

The Board shall be validly constituted when the half of its members are present, and in all cases when all its components are present, even if the prior notice has not been made and they agree unanimously.

The Board of Directors ' agreements shall be adopted by a simple majority of the members in attendance. In the event of a tie, the President's vote shall be settled. Each member shall have one vote.

The Secretary shall take up the minutes of the meetings of the Board. Any of its members may require that a vote be taken against an agreement.

Art. 29. The Board's powers shall be:

a) Set administration expenses and authorize all types of contracts and documents.

b) Carry out banking operations relating to the normal economic development of the Federation.

c) Acquire equipment and equipment that it deems necessary for social activities.

(d) Present to the Assembly the Memory of activities, the clearance of the financial year, the annual accounts and the budget for the following financial year.

e) Deciding everything that suits the exercise of actions or exceptions in front of any type of Courts and Organisms.

(f) Name and fix the remuneration to be received by the auxiliary staff, adviser and technician deemed necessary for the development of the Entity.

g) Solve the issues raised among the members of the Federation and interpret the Statutes in case of doubt.

(h) The admission, suspension or loss of membership of the Federation as well as to sanction the members of the Federation for offences committed against it.

i) Propose the rules of the internal regime for the functionality of the Federation.

k) The call for elections to provide the members of the General Assembly.

l) Create the Committees established by Article 34 of these Statutes.

m) Grant powers of any kind, in favor of the members of the Board or of persons deemed appropriate to represent the Federation for the exercise of the powers that correspond to the Board, including to the State, Municipality, Autonomous Communities, Public or Private Entities and Courts of any degree or jurisdiction.

n) Resolve all issues that are not expressly reserved for the General Assembly decision.

Art. 30. Members of the Board shall be elected by the President for a term of four years and shall be reeligible with a maximum limit of three consecutive terms.

Art. 31. Members of the Board shall cease in their posts for the following reasons:

a) By the end of the mandate of the President who would have elected them.

b) By death or disability.

(c) For a very serious disciplinary sanction or a firm court judgment to disable them for their positions.

d) For the approval of a vote of censure against the President.

Section 2. The Vice President

Art. 32. The Vice-President, who shall be a member of the General Assembly, shall replace the President in all his duties, in the event of absence, sickness, death, resignation or delegation of the President himself.

Section 3. The Secretary

Art. 33. The Secretary shall be responsible for the duties of the party and the adviser, including the following:

(a) To raise and sign, with the President's approval, the minutes of the meetings of the General Assembly and the Board of Directors.

b) Exorder certifications from the agreements adopted by the collegiate bodies.

c) Take the book of minutes and the book of Registration of Persons Affiliated to the Federation.

d) Draft annual reports.

e) Take care of the file and documentation.

Section 4. The Manager

Art. 34. Management is the administrative and economic management body and will be made up of the manager and administrative staff that will be required.

Art. 35. The Manager will have the economic and administrative responsibility. You will be careful to ensure that the FEDPC collection and payment operations are properly carried out; you will keep the accounts and exercise the economic inspection of all the organs of the FEDPC. He shall jointly sign with the President all the documents of movement of funds and formulate the periodic balance sheets to be submitted to the Board of Directors and the Annual Budget, the draft of which shall be drawn up by the Secretary-General.

The position of Manager will be remunerated and will have the consideration of senior staff for the purposes of the Workers ' Statute.

Section 5. The Technical Director

Art. 36. The Technical Director shall be appointed by the Chair of the FEDPC.

Your specific tasks are as follows:

1. Streamline and coordinate the meetings of the Committees.

2. Attend and act as Secretary of Acts in all technical meetings.

3. Inform and provide the necessary documentation to the National Committee on Sport.

4. To coordinate the execution of the tasks of the staff of which Committees and Commissions are formed, seeking the unification of methods, systems and criteria.

5. The technical director shall be responsible for the direction and control of the various sports programmes carried out from the FEDPC.

The position of Technical Director will be remunerated and will have the consideration of senior staff for the purposes of the Workers ' Statute.

Section 6. The Vowels

Art. 37. The Vowels will help the other members of the Board and replace them in case of need, ensuring compliance with the Statutes and the agreements adopted. They shall also carry out those specific tasks entrusted to them by the Board.

CHAPTER IV

The Committees

Art. 38. The Committees are bodies of a collegiate nature whose function is to carry out the monitoring, control and planning of certain areas of action of the Federation.

It will be the responsibility of the Delegate Commission to set up as many Committees as it deems necessary. Committees of the following types may be constituted:

a) Sports modalities committees: One may be created for the development of each of the different sports modalities that are integrated within the FEDPC. The President of each of these Committees shall be elected by the collective concerned in such a way as to be determined by law.

(b) Committees that cater for the functioning of the various collectives and members of the Federation, and committees for specific purposes (doctors, technicians, etc.). The Presidents of these Committees shall be appointed by the President of the Federation. These Committees may be of a provisional or permanent nature.

The system of functioning of the Committees and the powers delegated to them by the Federation will be determined.

CHAPTER V

Discipline organs

Art. 39. The discipline organ of the FEDPC is:

(a) The National Committee for Competition.

Within the FEDPC, a National Committee on Competition will be constituted, on an autonomous and independent basis, whose fundamental mission is to resolve, correct and punish, if any, the violations that may occur in the the various championships, competitions, official meetings and the violations of the general rules of sport.

Art. 40. The National Committee for Competition, within its scope, will enjoy full scope.

freedom in assessment and assessment of evidence, background and reports. The rulings made by this Committee will be executive.

Art. 41. Against the sanctions and actions of the Competition Committee that ends the federal road, it is possible, within 15 days, to appeal to the Spanish Committee for Sports Discipline.

Art. 42. In addition to the Committees governed by Article 38, whose creation will be the power of the Delegate Commission, the Technical Committee of Referees or Judges will be required for those specific sports modalities of Cerebral Palsy. Its President shall be appointed by the President of the Federation and his duties shall be as follows:

(a) Establish the levels of arbitral formation.

b) To classify the Judges or Referees technically, by attaching them to the corresponding categories.

c) Propose candidates for International Judges or Referees.

d) Approve the regulatory rules of the arbitration.

e) Coordinate the levels of training with the Autonomous Federations.

f) Designate the Judges or Referees for the state-wide competitions.

TITLE V

Electoral Procedure

CHAPTER FIRST

Election of General Assembly Members

Art. 43. The components of the General Assembly, without counting the representatives of the Federations of the Autonomous Community, shall be elected every four years, coinciding with the years in which the Summer Olympic Games must take place, by free suffrage, secret, equal and direct between and by the components of each of the bodies represented in the Assembly itself.

Art. 44. They will be electors and eligible for the General Assembly:

(a) Sportsmen, seniors to be eligible and not less than sixteen years to be eligible, who are licensed in force approved by the Federation itself at the time of the call of elections and have had during the previous sports season.

b) Sports clubs registered in the Federation, under the same circumstances as those mentioned in the previous paragraph. For these purposes, each club must appoint a natural person to represent it both in the act of the vote, and in the Assembly's case if it is the club chosen for it.

(c) Technicians, Judges and Referees, in the same circumstances as those mentioned in subparagraph (a).

Art. 45. The electoral constituency for clubs will be the autonomous one. For athletes, technicians, judges and referees the constituency will be state.

Within the Electoral Regulation to be approved by the Delegate Commission, the number of representatives to be elected in each Autonomous Community will be determined, respecting the following principles:

Within each Autonomous Community, at least one representative of the clubs will be chosen. The rest of the representatives of the clubs in the Assembly will be attributed to the Autonomous Communities in proportion to the number of existing clubs in each one of them.

Art. 46. The elections will be convened by the Board of Directors. Between the date of the convocation and the date of the holding of the elections, a minimum of 30 and a maximum of sixty working days shall elapse.

In the case of elections due to the natural end of the mandate, the call must be made within the last six months of its validity and with the necessary prior notice for the election to be held before the end of the election. mandate.

The call will be made public by means of a circular sent to all the Autonomous Federations and announced in a newspaper of wide dissemination throughout the Spanish State and in any case, announced on the boards of the FEDPC and the Regional federations. The Superior Council of Sports must also be informed.

Also, the call must inform the following circumstances: Conditions necessary to be elector and eligible; day and place of the drawing for the designation of the components of the Electoral Board; period of exposure of the electoral census and complaints; deadline for the submission of nominations, day, place and time of the elections and the form of accreditation of the voters.

Art. 47. Together with the agreement to call for elections, the Board of Directors will have the constitution of the Electoral Board, made up of three members of the General Assembly elected at random. An equal number of alternates shall also be appointed.

The members of the Board of Elections will take office and will formally constitute it, choosing from among them a President all within two days of their appointment.

They are the competencies of the Electoral Board: to know and to resolve in general all the complaints that are made during the electoral process; to admit or refuse the candidacies and to proclaim them; to publish and to communicate the results.

The deadline for making complaints to the Board of Elections will be three days from the commission of the facts that are the subject of impeachment. The Board of Elections shall resolve within three days of the date of the agreement.

All the deadlines set forth in this chapter are understood to refer to business days.

The delegated Commission must approve the electoral regulation in which the following aspects will be concretized, among others:

a) A system for the submission of applications.

b) System of attribution of representatives to each Autonomous Community, according to the criteria set out in Article 45 of these Statutes.

c) Voting system.

CHAPTER II

Election of the President and Members of the Delegate Committee

Art. 48. The President and the members of the Delegation shall be elected every four years, coinciding with the years in which the Summer Olympic Games must take place, by free, secret, equal and direct suffrage by and between the members of the Plenary General Assembly.

The election of the President when it is due to the natural end of his term of office, and that of the members of the Delegate Committee, will be held at the first meeting of the Plenary General Assembly to be held after the election of his members. This meeting shall be held in force within the month following the date of the election of the members of the Assembly.

Section 1. Election of the President

Art. 49. The time limit for the submission of applications shall be 15 working days from the date on which the list of members elected to the General Assembly is published.

To be a candidate will require the support of at least 15 per 100 of the members of the General Assembly. To this end, the candidate must present to the Electoral Board an instance proposing his candidacy accompanied by a list with the signatures of the members of the Assembly that give him his support.

Within three days of the end of this period, the Board of Elections shall proclaim the nominations.

In the event that only one candidate is present, the Board of Elections will directly proclaim its election as President.

Between the date of the proclamation of the candidates and the date of the elections, twenty days must elapse.

The election of the President will require a favorable vote of the absolute majority of the votes cast. If the majority is not reached, a second vote shall be taken in which the simple majority of the votes shall be sufficient.

The winning candidate's proclamation act shall be communicated by certification to the Superior Council of Sports within three days of the date of the elections.

The chosen candidate will take office within ten working days from the date of proclamation of the outcome of the elections.

Section 2. Election of the Delegate Commission

Art. 50. For the election of the members of the Delegate Committee, three independent votes will be held:

The one of the presidents of the Autonomous Federations, which will elect two representatives from among its components.

The representatives of the clubs who will elect two representatives from among its components.

The representatives of the other bodies represented in the Assembly that will elect two representatives from among its components.

In the same event, the candidates will be presented, which will be individual, and the vote will be followed. Each member of the Assembly shall have two votes. The two most voted candidates will be elected. Also, those who follow in the number of votes will be left as alternates if they have to fill vacancies during the term of office.

TITLE VI

Motion of Censorship

Art. 51. The motion of censure against the President may only be requested by a reasoned written letter of a minimum of 25 per 100 of the members of the General Assembly.

Art. 52. Where the request for a motion of censure has been submitted, a bureau of five persons composed of two members of the delegated Commission appointed by the same, the first two members of the Assembly shall be constituted within 10 days. General signers of the application and a delegate of the Superior Council of Sports who will be the President.

Art. 53. The Bureau shall, within five days of the date of its establishment, and after verifying whether the application meets the requirements referred to in Article 51, convene the Plenary General Assembly for the act of the vote, to be held within the of the 15-day period.

The motion of censure can only be passed by an absolute majority of the number of votes in the plenary.

In the event that the motion of censure is passed, the President and all members of the Board of Directors will automatically cease in their positions.

Within the same act, the candidates will be presented to the new president and the vote will be taken for their election. The President who is elected by this procedure will remain in office for as long as he remains until the next election of the members of the General Assembly. He will be able to stand for re-election.

In case the motion of censure does not prosper, its signatories will not be able to reapply for another motion until after a year since the vote.

TITLE VII

Economic and heritage regime

Art. 54. The Federation is submitted to the budget and own heritage regime.

The Heritage of the Federation will go towards the development of its social objectives. Likewise, the income or property increases that the Federation may have shall be applied or invested in the conservation and development of its social and sporting purposes, without at any time being able to distribute profits among the members and managers.

The annual budget will be presented by the Board of Directors to the General Assembly for approval. The Federation may not approve loss-making budgets except express authorization of the Superior Council of Sports.

Art. 55. The resources of the Federation shall be sought through:

a) The fees to be met by the affiliates. Its amount shall be proposed annually by the Board of Directors and approved by the General Assembly, in the light of the duly approved budget.

(b) Grants or grants that may be awarded to you by public administrations or by other public or private entities.

c) The benefits of the activities and competitions they organise.

d) The fruits of your heritage.

e) The quantities that the Federation may receive for any other concept.

Art. 56. The Board of Directors of the Board of Directors is the economic disposition of the Federation, with the limit of the total expenditure foreseen in the annual budget, with a maximum variation of 20 per 100. This limit may be exceeded only after agreement of the General Assembly authorizing a supplementary budget.

The taxation or disposal of goods and the acceptance of money on loan or loan will require authorization from the Commission Delegated by agreement approved by a majority of two thirds of the total votes. When the amount of the operation is equal to or greater than 10 per 100 of the budget or 50,000,000 pesetas, the approval of the Plenary General Assembly will be required.

Prior authorization of the Superior Council of Sports will be required in order to acquire commitments of multi-annual expenditure that exceed 10 per 100 of the budget and to tax or dispose of real estate when these have been fully or partially financed by public funds of the State.

TITLE VIII

Documentary Regime

Art. 57. The Federation shall have the following books:

1. Book of Affiliates where they will consist of the following circumstances of each: Stamento of the represented within the Assembly to which it belongs; name and surname or social denomination; domicile; nationality; number of national document of identity, tax identification code or passport; profession; in case of clubs, the name of the person representing them before the Federation; charge that he occupies within the Federation, in his case, indicating the dates of inauguration and cessation.

2. Book of Acts where the meetings will be held by the General Assembly, the Delegate Commission and the Board of Directors, with expression, in each case, of the following extremes: Convocation, date, place of celebration, agenda, name of the persons who have intervened, as a result of votes, private votes and agreements adopted. The minutes shall be signed by the President and the Registrar.

3. Accounting books, according to what the General Accounting Plan has at every moment.

Art. 58. Both the books of Acts and the books of Accounting will be duly completed either by a notary or by the Superior Council of Sports.

TITLE IX

Disciplinary regime

Art. 59. The disciplinary regime of the Federation covers the knowledge of the offences that members and members of their governing bodies may commit:

a) At the level of the sporting practice, that is, the violations of the rules of the game, competition or sporting conduct of the various sports modalities in the official competitions of state ambit and of the norms General sports.

b) In the field of the rules of associative conduct.

Art. 60. The disciplinary authority, which corresponds to the Commission Delegated, to the Board of Directors and to the judges or arbitrators according to the cases that will be determined, confers on its owners the power to sanction the infringing members.

Art. 61. Regulation shall be established: A system of offences, distinguishing between minor, serious and very serious and distinguishing between infringements of the rules of the game or competition, infringements of the members of the management bodies of the Federation and infractions of the Autonomous Federations, clubs, technicians, coaches and referees; a system of sanctions with its causes exempts, attenuating and aggravating; a procedure of processing and imposition and the system of resources.

The sanctioning procedure must always respect the right of the person concerned.

The regulation will in any case be adjusted to the provisions of the Law of Sport, Royal Decree on Sports Discipline and provisions that develop it.

TITLE X

Approval and Modification of Statutes and Regulations

Art. 62. The General Assembly will be responsible for the approval of the amendments to the Statutes of the Federation. The Delegated Commission shall be competent for the approval and amendment of the Regulations.

The initiative to carry out these modifications will be the third of the members of the General Assembly or the Delegate Committee, and the President of the Federation.

Art. 63. The draft statutory amendment should be proposed with a period of notice of three months before the annual meeting of the Plenary General Assembly.

The approval of the statutory amendments will require a favorable vote of two-thirds of the attendees of the General Assembly.

No reform of the Statute can be promoted once elections to the General Assembly and the President are called.

As for the approval and modification of the Regulations, it will be carried out by the ordinary system of deliberation and agreement of the Delegate Commission, but it will require the favorable vote of the two-thirds of its members.

TITLE XI

Dissolution and liquidation of the Federation

Art. 64. The FEDPC shall be extinguished or dissolved by a firm judicial decision, on the basis of a reasoned decision of the Board of Directors of the High Council of Sport or the other causes provided for in the Law.

It shall also be dissolved by a reasoned agreement of the General Assembly adopted by a majority of two-thirds of the votes, provided that the majority of the total number of its members is present.

Art. 65. In the event of dissolution, whatever its cause, the General Assembly which agrees to it shall determine the manner in which the liquidation of the social patrimony shall be carried out, appointing three persons among the members of the Delegation for the realization of the of this task.

The remaining patrimonial that could remain after all the outstanding obligations of the Federation have been satisfied, will be notified to the Superior Council of Sports to agree on its specific destination, applying it to the promoting and carrying out sports activities of the community.

ADDITIONAL PROVISIONS

First. -All the mentions contained in these Statutes to the Federations of the Autonomous Community, have to be understood as referring not only to those that integrate exclusively to the disabled with Cerebral Palsy but to those that understand all or any of the disabilities referred to in Article 1 (5) of Royal Decree 1835/1991 of 20 December 1991 on Spanish Sports Federations, in which the integration and representativeness will be limited to the group of disabled persons with Cerebral palsy.

Second. The exercise of the rights of active and passive suffrage and the performance of the elected office that could correspond to the athletes with declared incapacity, and to the extent that it does necessary, will be exercised by the legal representatives of the disabled.

TRANSIENT PROVISIONS

First. -All autonomic Federations shall be considered to be integrated in the FEDPC, unless otherwise expressed, during the period of one year counted from the validity of these Statutes, in the course of the which may exercise their right to do so.

All of these Federations that could be set up are also considered to be integrated, although the calculation of the deadline will start from their recognition by the corresponding Autonomous Communities.

Concluded that the Federations that would not have done so, will be able to carry it out at any moment in the form provided for in article 11, point d), of the present Statutes.

Second. -Within four months of the entry into force of these Statutes, the Management Board of the FEDPC will prepare the corresponding Elections Regulations, with the mentions contained in these Statutes, and according to the Order dated April 28, 1992, which will be submitted for approval to the Board of Directors of the Superior Council of Sports.

Exceptionally for these first elections will have the status of electors and eligible, Sports Associations, Sportsmen and Technicians with the only requirement to be attached or be in possession of the FEDPC license of the season in force on the date of the call for elections.

Third. -This FEDPC, collects the possibility of jointly creating with the remaining Spanish Federations of Sports for the Disabled, as specified in article 1, point 5., of Royal Decree 1835/1991, a Confederation at national level in order to be able to coordinate the activities common to them and to contribute to the extent to which it corresponds to the drawing up and presentation of the Statutes of this Confederation for approval by the Council Directive Superior Sports.

Fourth. -Within six months, from the end of the Electoral Elections cited in the second provision, the General Assembly must present a new Statute to the Commission of the Council of Sports, adapted to the Law 10/1990, of 15 October, of the Sport, Royal Decree 1591/1992, of 23 December, on Sports Discipline and other legal provisions of application.

FINAL DISPOSITION

This Statute shall enter into force on the day following the notification of its approval by the Board of Directors of the Superior Council of Sports, without prejudice to its subsequent publication in the Official Journal of the State.