KFPS Royal Friesian

BYLAWS OF THE ASSOCIATION UNDER DUTCH LAW
KONINKLIJKE VERENIGING "HET FRIESCH PAARDEN STAMBOEK"


Adopted during the meeting of the Council of Members held on May 27, 2016

BYLAWS OF THE KFPS
Content
100. Regions
101. Co operation with other Organisations
102. Breeding Council. Tasks
103. Breeding Council. Composition, Appointment, Term of Office
104. Sports Council. Tasks
105. Sports Council. Composition, Appointment, Term of Office
106. Inspection. Tasks
107. Inspection. Composition, Appointment, Term of Office
108. Stallion Inspection and Reinspection Committee, Tasks, Composition, Appointment
109. Performance Jury, Tasks, Composition, Appointment, Term of Office
110. Conformation Jury, Tasks, Appointment, Term of Office
111. Submitting a Complaint or Objection to the Management Board
112. Lodging an Appeal to the Board of Appeals
113. Board of Appeals. Tasks, Appointment, Requirements, Powers
114. Confidential Committee. Tasks, Composition, Appointment, Term of Office
115. Confidential Committee. Appointment Procedure Management Board Members
116. Confidential Committee. Performance Review Management Board and Members Thereof
117. Finance Committee. Tasks, Composition, Term of Office
118. Councils and Committees. Nomination, Appointment, Suspension and Dismissal
119. Councils and Committees. Number of Members, Minutes, Decision Making
120. Regional Meetings. Agenda
121. Indexation of Amounts
122. Compatible and Incompatible Double Functions. Matrix
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Article 100. Regions
1. In the Netherlands the members of the KFPS are divided into ten (10) regions, which regions as much as possible coincide with the geographical areas covered by the Breeding Associations that cooperate with the KFPS. In mutual consultation the following classification has been determined:
Region 1. Groningen Drenthe Combinatie: Postal codes 78, 774, 775, 776, 790-796, 798, 799, 930-935, 936, 937, 938, 939, 94, 95, 96, 97, 980, 981, 983, 984, 988, 989, 99
Region 2. Ta it Bihâld: Postal codes 89, 904- 907, 909, 91, 9210, 9216- 9219, 922, 925- 929, 985, 987
Region 3. It Fryske Greidhynder: Postal codes 840, 844, 8465-8469, 849, 8501, 8510- 8513, 854, 900, 901, 908, 920, 9211-9215, 923, 924, 936, 982, 986
Region 4. It Fryske Hynder: Postal codes 8500, 8502, 8503, 8514- 8519, 852, 8530, 8531, 8532, 8534, 8535, 8536, 855- 859, 86, 87, 88, 902, 903
Region 5. Het Friesche Paard Wolvega e.o: Postal codes 797, 83, 841, 842, 843, 845, 8460- 8464, 847, 848, 8504-8509, 8533, 8537, 8538, 8539
Region 6. Het Friesche Paard Twente Achterhoek: Postal codes 70, 71, 72, 74, 75, 76, 770- 773, 777, 778, 779, 810- 815
Region 7. Het Friesche Paard Midden-Nederland: Postal codes 12, 13, 34- 41, 650- 658, 666-669, 67, 68, 69, 73, 80, 816-819, 82
Region 8. Het Friesche Paard Zuid Nederland: Postal codes 32, 33, 42-53, 540, 541, 546- 549, 55, 56, 570, 571, 573, 574, 660-665
Region 9. Het Friesch Paard Limburg: Postal codes 542-545, 572, 575-579, 58-64, 659
Region 10. Het Friese Paard in Noord en Zuid Holland: Postal codes 10, 11, 14-31
2. The following rules shall apply:
- Existing member: classified according to postal code and can no longer change.
- New member: will be classified according to postal code.
- Move to new residence: member will be transferred to the region in which his/her new address is located. (A member of the Council of Members may complete his/her term of office as a representative of a region in the Netherlands until reappointment.)
3. Outside the Netherlands, the members of the KFPS are divided into three (3) regions, namely the regions Germany, North America and "Other Foreign Countries".
Article 101. Co operation with other Organisations
1. The KFPS cooperates with the following Breeding Associations:
It Fryske Hynder, It Fryske Greidhynder, Ta it Bihâld, Het Friese Paard Wolvega e.o., Het Friesche Paard Limburg, Friesche Paard Zuid Nederland, Het Friesche Paard Twente Achterhoek, Het Friesche Paard Midden Nederland, Het Friesche Paard Noord en Zuid Holland and Groningen Drenthe Combinatie.
2. The KFPS has concluded breeding contracts with authorized legal persons abroad.
3. The KFPS is member of the association World Friesian Horse Organisation (WFHO).
4. If official games are organised, the KFPS shall comply with the regulations of the Royal Dutch Equestrian Sports Federation (Koninklijke Nederlandse Hippische Sportfederatie (KNHS).
Article 102. Breeding Council. Tasks
1. The KFPS has a Breeding Council, which has the following tasks:
a. to promote the breeding of horses belonging to the Frisian horse breed and improving its properties and qualities;
b. to evaluate the gained experiences in respect of the recommendations made by the Breeding Council;
c. to formulate the breeding goals and to formulate the breeding and selection policies, and the instruments that are to be used.
2. The recommendation of the Breeding Council concerning the breeding goals shall be binding for the Management Board. The Management Board shall be authorised, however, to make comments concerning the recommendation. These comments shall be presented to the Breeding Council with the request to consider the made comments. The binding opinion that is subsequently issued by the Breeding Council to the Management Board, shall be presented to the Council of Members by the Management Board. If the Council of Members does not wish to accept the recommendation, this can only be done by removing the binding character of the recommendation by means of a resolution adopted with at least two thirds of the valid votes cast. Acceptance of the recommendation by the Council of Members shall mean that the Council of Members has thus adopted a resolution.
3. The recommendations of the Breeding Council with regard to the breeding policy and the selection policy and the instruments that are to be used shall not be binding for the Management Board. The Management Board shall send its proposal concerning the breeding policy and the selection policy to the Council of Members to take a decision.
4. The Breeding Council shall on request give recommendations to the Management Board concerning profiles of the members of the Breeding Council, the Sports Council, the Inspection, the Stallion Inspection and Reinspection Committee, the Performance Jury and the Conformation Jury.
Article 103. Breeding Council. Composition, Appointment, Term of Office
1. The Breeding Council shall consists of eight (8) members, who shall be appointed by the Council of Members on nomination of the Management Board. With due observance of the provisions set forth in paragraph 2 and paragraph 4 of this Article, four (4) thereof shall be from the regions in Fryslân and four (4) from the other regions.
2. The Council of Members shall on proposal of the Management Board draw up a profile for the members of the Breeding Council.
3. If a vacancy occurs or will occur, the Management Board shall via the Official Journal of the Association and via the Internet Site of the Association notify the same while stating the requirements set to the relevant office or position. Breeding Associations may either asked or unasked make recommendations to the Management Board concerning one or more candidates. Parties interested to fill the vacancies shall notify the Management Board thereof directly in writing.
4. To select a suitable candidate, the Management Board shall appoint a temporary committee consisting of one member of the Management Board, one member of the Breeding Council and one member of the Management Board. This Committee shall submit a reasoned nomination to the Management Board.
5. The Management Board shall test candidates on compatibility with the profile and may resolve to accept the nomination. On acceptance of the nomination, the Management Board shall submit the nomination of one person per vacancy for approval to the Council of Members. This nomination shall be binding. The Council of Members may remove the binding character from the nomination by means of a resolution adopted with at least two thirds of the valid votes cast. After the resolution of approval, the Management Board shall appoint the member of the Breeding Council. The Management Board shall announce the appointment via the Official Journal of the Association and via the Internet Site of the Association.
6. The Term of Office of a member of the Breeding Council shall commence on the day after his appointment. The Term of Office shall be four (4) years, with the possibility of a one time consecutive reappointment for again four (4) years. The members of the Breeding Council shall resign in accordance with a resignation roster drawn up by themselves.
7. The Breeding Council shall choose from its midst a Chairman and a Vice Chairman.
8. The members of the Breeding Council may be suspended by the Management Board. The Management Board shall submit the suspension to the Council of Members in an ordinary closed meeting. The Council of Members may, after having heard the Management Board and the person concerned, resolve to make the suspension undone or to convert it into a dismissal. The Management Board shall grant the dismissal. Against the resolution no appeal may be lodged.
9. A member of the Board of Directors or an expert staff member and a member of the Inspection designated by him shall attend the meetings of the Breeding Council as a consultant. The Term of Office of the member of the Inspection shall at most be four (4) years. The Breeding Council shall be authorised to obtain advice from third parties concerning breeding aspects within a financial space to be indicated by the Management Board.
10. The minutes of the meetings shall be kept by a staff member of the KFPS.
11. The meetings of the Breeding Council shall be closed meetings.
12. The number of meetings shall at least be three (3) per year.
Article 104. Sports Council. Tasks
1. The KFPS shall have a Sports Council, which has the following general tasks:
a. to formulate the sports goals and the sports policy;
b. to promote the possibilities to use horses belonging to the Frisian horse breed for the use in sports and recreation;
c. to evaluate the gained experiences with regard to the recommendations made by the Sports Council.
2. The Sports Council has the following specific tasks:
a. to develop, maintain and spread knowledge of sport with the Frisian horse in the broadest sense of the words used;
b. to initiate and keep updated a training and continuing training program for sportsmen, tailored to the Frisian horse;
c. to promote the knowledge of sport within the ranks of the KFPS;
d. to give recommendations regarding a proper recording and feedback of sport information for use in breeding activities.
The Sports Council shall advise the Management Board and also, asked or unasked, the Breeding Council.
3. The recommendations of the Sports Council with regard to the sports goal and the sports policy and the instruments to be used shall not be binding for the Management Board. The recommendations of the Sports Council have to be within the breeding goals. The Management Board shall send its proposal regarding the obtained recommendation to the Council of Members to take a decision.
4. The Sports Council shall advise the Management Board on request regarding the profile of the members of the Sports Council.
Article 105. Sports Council. Composition, Appointment, Term of Office
1. The Sports Council shall consist of six (6) members, who are appointed by the Council of Members on nomination of the Management Board. With due observance of the provisions set forth in the paragraphs 2 and 4 of this Article, three (3) of its members shall be from the show cart and driving sport and three (3) from the dressage sport.
2. The Council of Members shall on proposal of the Management Board draw up a profile for members of the Sports Council.
3. If a vacancy occurs or will occur, the Management Board shall via the Official Journal of the Association and via the Internet Site notify the same while stating the requirements that are set to the relevant office or position. Sport Associations and Breeding Associations may either asked or unasked make recommendations to the Management Board concerning one or more candidates. Parties interested to fill the vacancies shall notify the Management Board thereof directly in writing.
4. For selecting suitable candidates a temporary committee shall be appointed consisting of one member of the Sports Council, one member of the Management Board and one member of the Board of Directors. This Committee shall submit a reasoned nomination to the Management Board.
5. The Management Board shall test candidates on compatibility with the profile and may resolve to accept the nomination. On acceptance of the nomination, the Management Board shall submit the nomination of one (1) person per vacancy for approval to the Council of Members. This nomination shall be binding. The Council of Members may remove the binding character from the nomination by means of a resolution adopted with at least two thirds (2/3) of the valid votes cast. After the resolution of approval, the Management Board shall appoint the member of the Breeding Council. The Management Board shall announce the appointment via the Official Journal of the Association and via the Internet Site of the Association.
6. The Term of Office of a member of the Sports Council shall commence on the day after his appointment. The Term of Office shall be four (4) years, with the possibility of a one time consecutive reappointment for again four (4) years. The members of the Sports Council shall resign in accordance with a resignation roster drawn up by themselves.
7. The Sports Council shall choose from its midst a Chairman and a Vice Chairman.
8. The members of the Sports Council may be suspended by the Management Board. The Management Board shall submit the suspension to the Council of Members in an ordinary closed meeting. The Council of Members may, after having heard the Management Board and the person concerned, resolve to make the suspension undone or to convert it into a dismissal. The Management Board shall grant the dismissal. Against the resolution no appeal may be lodged.
9. A member of the Board of Directors or an expert staff member and a member of the Inspection designated by him shall attend the meetings of the Sports Council as consultants. The Term of Office of the member of the Inspection shall at most be four (4) years. The Sports Council shall be authorised to obtain advice from third parties concerning sports-technical aspects, within a financial space to be indicated by the Management Board.
10. The minutes of the meetings shall be kept by a staff member of the KFPS.
11. The meetings of the Sports Council shall be closed meetings.
12. The number of meetings shall at least be two (2) per year.
Article 106. Inspection. Tasks
1. The KFPS shall have an Inspection, which has as general tasks formulating and implementing the inspection policy, which has to be in line with the breeding goals, the breeding policy and the selection policy determined and adopted by the Council of Members and laid down in the Studbook Regulations.
2. The Inspection has as its specific tasks in the Netherlands and abroad:
a. to supervise the implementation of the inspection policy;
b. to provide training courses and supplementary training courses to jury members;
c. to uniformize inspections;
d. as much as possible to act as Chairman of juries at inspections;
e. to advise the Management Board binding and in writing regarding the definitive registration of stallions in the register of the studbook on the basis of the data of the offspring testing after having obtained advice from the Performance Jury;
f. to advise the Management Board binding and in writing regarding awarding the title of preferent, postpone, maintain and reject stallions that have already been subjected to offspring testing;
g. to identify developments that are important for the KFPS and to give recommendations.
3. The Management Board may remove the binding character from a recommendation of the Inspection if the coming about of the recommendation is in conflict with one or more regulations.
Article 107. Inspection. Composition, Appointment, Term of Office
1. The Inspection shall consist of at least five (5) members, which are appointed by the Council of Members on nomination of the Management Board.
2. The Council of Members shall on nomination of the Management Board draw up a profile for members of the Inspection.
3. If a vacancy occurs or will occur, the Management Board shall request the Inspection to nominate one or more candidates.
4. The Management Board shall test the candidate proposed by the Inspection on compatibility with the profile. On acceptance of the nomination, the Management Board shall submit the nomination for approval to the Council of Members. This nomination shall be binding. The Council of Members may remove the binding character from the nomination by means of a resolution adopted with at least two thirds of the valid votes cast. After the resolution of approval, the Management Board shall appoint the member of the Inspection. The Management Board shall announce the appointment via the Official Journal of the Association and via the Internet Site of the Association.
5. The Term of Office of a member of the Breeding Council shall commence on the day after his appointment. The Term of Office shall be one (1) year, with the possibility of a one time consecutive reappointment.
6. The Management Board shall annually, after consultation with the Inspection, appoint from the Inspection a Chairman and a Vice Chairman.
7. The members of the Inspection may be suspended by the Management Board. The Management Board shall submit the suspension to the Council of Members in an ordinary closed meeting. The Council of Members may, after having heard the Management Board and the person concerned, resolve to make the suspension undone or to convert it into a dismissal. The Management Board shall grant the dismissal. Against the resolution no appeal may be lodged by the person involved.
8. The minutes of the meetings shall be kept by a staff member of the KFPS.
9. The meetings of the Inspection shall be closed meetings. A member of the Board of Directors shall attend the meetings.
10. The Inspection shall meet at least four (4) times per year.
Article 108. Stallion Inspection and Reinspection Committee, Tasks, Composition, Appointment
1. The KFPS shall have a Stallion Inspection Committee that has as its goal the selection of stallions in accordance with the Stallion Inspection Regulations.
2. The selection shall include both the admission of stallions for the central investigation and, after consultation with the Performance Jury, the recommendation regarding the provisional registration of stallions in the studbook register.
3. The recommendations referred to in paragraph 2 of this Article shall be motivated and submitted in writing to the Management Board. The recommendations shall be binding. The Management Board may remove the binding character from a recommendation if the coming about of the recommendations is in conflict with the Studbook Regulations or with any other rules or regulations.
4. The Stallion Inspection Committee shall consist of three (3) members, of which at least two (2) are members of the Inspection, and a third member who does not need to be part of the Inspection but who does have to have demonstrable knowledge in the field of exterior, sports and offspring. In the absence of a member of the Stallion Inspection Committee the member is replaced by a person who meets the same requirements.
5. The Management Board shall draw up a profile for members of the Stallion Inspection Committee.
6. The Management Board shall test candidates on compatibility with the profile and shall submit a nomination of one (1) person per vacancy for approval to the Council of Members. This nomination shall be binding. The Council of Members may remove the binding character from the nomination by means of a resolution adopted with at least two thirds (2/3) of the valid votes cast. After the resolution of approval, the Management Board shall appoint the member of the Stallion Inspection Committee. The Management Board shall announce the appointment via the Official Journal of the Association and via the Internet Site of the Association.
7. The Term of Office of a member of the Stallion Inspection Committee shall commence on the day after his appointment. The Term of Office shall be one (1) year, with the possibility of consecutive reappointments up to a maximum of eight (8) years. After a period of eight consecutive years in office a member of the Stallion (re)inspection jury can only be re-elected after an interval of two years following the moment of discharge.
8. The Management Board shall annually, after consultation with the Stallion Inspection Committee, from the members of the Stallion Inspection Committee appoint a Chairman and a Vice Chairman, being members of the Inspection.
9. The members of the Stallion Inspection Committee may be suspended by the Management Board. The Management Board shall submit the suspension to the Council of Members in an ordinary closed meeting. The Council of Members may, after having heard the Management Board and the person concerned, resolve to make the suspension undone or to convert it into a dismissal. The Management Board shall grant the dismissal. Against the resolution no appeal may be lodged.
10. The minutes of the meetings shall be kept by a staff member of the KFPS.
11. The meetings of the Stallion Inspection Committee shall be closed meetings.
12. The KFPS has a stallion reinspection committee. The provision in this article for the stallion inspection committee applies equally tot the reinspection committee except that the reinspection committee does not have any responsibility in the assessment of the Central Examination and does not provide any recommendations regarding the registration of stallions. A member of the  stallion reinspection committee cannot be a member of the stallion inspection committee; inversely, a member of the stallion inspection committee cannot be a member of the stallion reinspection committee.

Article 109. Performance Jury. Tasks, Composition, Appointment, Term of Office
1. The KFPS shall have a Performance Jury that has the task to test horses on the basis of perceptions during performance moments, including exams and interim exams, within the framework of the Central Investigation, of the offspring testing, of ABFP tests and of IBOP tests, in accordance with the Studbook Regulations.
2. The Performance Jury shall provide the Inspection with a reasoned advice regarding the approval or disapproval of stallions on the basis of the information from the offspring testing as stipulated in the Studbook Regulations.
3. The Performance Jury shall consist of at least five (5) members.
4. The Management Board shall draw up a profile for members of the Performance Jury.
5. The Management Board shall test candidates on compatibility with the profile and shall submit a nomination of one (1) person per vacancy for approval to the Council of Members. This nomination shall be binding. The Council of Members may remove the binding character from the nomination by means of a resolution adopted with at least two thirds (2/3) of the valid votes cast. After the resolution of approval, the Management Board shall appoint the member of the Performance Jury. The Management Board shall announce the appointment via the Official Journal of the Association and via the Internet Site of the Association.
6. The Term of Office of a member of the Performance Jury shall commence on the day after his appointment. The Term of Office shall be one (4) year, with the possibility of consecutive reappointments up to a maximum of eight (8) years.
7. The Management Board shall annually, after consultation with the Performance Jury, from the members of the Performance Jury appoint a Chairman and a Vice Chairman.
8. The members of the Performance Jury may be suspended by the Management Board. The Management Board shall submit the suspension to the Council of Members in an ordinary closed meeting. The Council of Members may, after having heard the Management Board and the person concerned, in its closed meeting resolve to make the suspension undone or to convert it into a dismissal. The Management Board shall grant the dismissal. Against the resolution no appeal may be lodged.
9. The minutes of the meetings shall be kept by a staff member of the KFPS.
10. The meetings of the Performance Jury shall be closed meetings.
Article 110. Conformation Jury. Tasks, Appointment, Term of Office
1. The KFPS shall have a Conformation Jury, which has as its task to inspect and to reinsert horses in accordance with the Studbook Regulations.
2. The number of Conformation Jury members in the Netherlands and abroad shall be in proportion to the expected number of inspections. The Board of Directors shall monitor the number of jury members to be appointed.
3. The Management Board shall draw up the profile for Conformation Jury members.
4. The Inspection shall test candidates on compatibility with the profile and shall submit a nomination of candidates to be appointed to the Management Board. The Management Board will submit the name of the candidate to the Council of Members. This proposal shall be binding unless the Council of Members decides otherwise by at least a 2/3 majority vote. After a decision to approve the nomination, the Management Board will appoint the candidate to membership in the Conformation Jury. The Management Board shall announce the appointment via the Official Journal of the Association and via the Internet Site of the Association.
5. The Term of Office of a member of the Conformation Jury shall commence on the day after his appointment. The Term of Office shall be one year, with the possibility of consecutive reappointment.
6. The Management Board may suspend and dismiss a member of the Conformation Jury.
Article 111. Submitting a Complaint or an Objection to the Management Board
1. A member may under Article 9 paragraph 1 sub c and Article 28 paragraph 1 and 2 of the Articles of Association raise objections against a resolution of the Management Board and/or the Board of Directors and against an act or behaviour of the persons referred to in Article 28 paragraph 1, sub b of the Articles of Association or the body of the KFPS of which they constitute a part. A member shall be held to submit an objection or a complaint with exclusion of the courts to the Management Board, subject to the following conditions:
a. the resolution or the act or behaviour has or could have become known to or was experienced by the member within a period of six (6) weeks preceding the date of the objection;
b. the resolution of the Management Board and/or Board of Directors has to touch the member directly in his interests or there has to be a gross violation of morality and decency;
c. lodging the complaint must serve a concrete aim;
d. the complaint cannot concern the result of an inspection or a reinspection.
2. When submitting a notice of objections, the following requirements have to be met:
a. the notice of objections must be submitted to the Chairman of the Management Board, at the office of the KFPS, while stating on the envelope and in the letterhead "COMPLAINT";
b. the notice of objections must state:
  the full name, address, place of residence, phone number, date and signature of the member and if possible also the fax number and/or the e mail address;
  a clear description of the resolution, acts or behaviour against which the complaint is directed, including an explanation on the basis of the provisions set forth in paragraph 1 sub a up to and including c of this Article and where necessary accompanied by a description of facts and circumstances, witness statements and documentary evidence.
3. The member that submits a notice of objections shall within two (2) weeks receive a confirmation of receipt of a staff member of the secretariat of the Board of Directors. If the envelope contains sufficient information (name and address sender and the word "COMPLAINT"), the envelope shall not be opened and the unopened envelope shall be handed over to the Chairman of the Management Board. If the envelope does have to be opened, however, the staff member of the secretariat of the Board of Directors shall not take note of the objection, nor shall he allow any other persons to do so.
4. If the notice of objections does not meet the requirements set forth in the paragraphs 1 and 2 of this Article, the notice of objections shall be sent back by the Chairman of the Management Board to the member within two (2) weeks after receipt with the request to improve his objection and to resend the improved copy within two (2) weeks. If after that in the opinion of the Chairman of the Management Board the notice of objections still does not meet the requirements set forth in the paragraphs 1 and 2 of this Article, the notice of objections shall not be handled and the member shall receive notification thereof within two (2) weeks after receipt of the last submitted and again disapproved notice of objections. Repeated notices of objections received after that regarding the same issue shall not be handled either.
5. Unless the provisions set forth in paragraph 4 of this Article apply, the notice of objections shall within six (6) weeks after receipt be handled by the Management Board. If the Management Board is expected to exceed the term of six (6) weeks, the Management Board shall inform the member thereof. The response of the Management Board to the notice of objections shall be notified to the member in writing and with reasons.
6. The Management Board shall be authorised to hand over a notice of objections to the Complaints Advice Committee appointed by the Management Board. The Complaints Advice Committee shall operate in accordance with the Complaints Advice Committee Rules. This Committee shall advise the Management Board in writing and reasoned. The Management Board shall, after having obtained the advice, give a decision on the objection of the member.
7. If the member wishes to lodge an appeal against the decision of the Management Board given on its objection, he shall be held, to the exclusion of the courts, to lodge an appeal to the Board of Appeals.
Article 112. Appeal to the Board of Appeals
1. A member may pursuant to Article 9 paragraph 1 sub c and Article 28 paragraph 1 of the Articles of Association, to the exclusion of the court, lodge an appeal against a decision of the Management Board. The member may exclusively lodge an appeal to the Board of Appeals, to the exclusion of the courts.
2. When submitting a notice of appeal, the following requirements have to be met:
a. the notice of appeal must be submitted to the Chairman of the Board of Appeals, at the office of the KFPS, while stating on the envelope and in the letterhead "APPEAL";
b. the notice of appeal must state:
  the full name, address, place of residence, phone number, date and signature of the member and if possible also the fax number and/or the e mail address;
  a clear description of the resolution against which the appeal is directed, and a clear argumentation regarding the reasons why the appeal is lodged.
3. The member that submits a notice of appeal shall within two (2) weeks receive a confirmation of receipt of a staff member of the secretariat of the Board of Directors. If the envelope contains sufficient information (name and address sender and the word "APPEAL"), the envelope shall not be opened and the unopened envelope shall be handed over to the Chairman of the Board of Appeals. If the envelope does have to be opened, however, the staff member of the secretariat of the Board of Directors shall not take note of the appeal, nor shall he allow any other persons to do so.
4. If the notice of appeal does not meet the requirements set forth in the paragraphs 1 and 2 of this Article, the notice of appeal shall be sent back by the Chairman of the Board of Appeals or his deputy to the member within two (2) weeks after receipt, with the request to improve his appeal and to resend the improved copy within two (2) weeks. If after that in the opinion of the Board of Appeals the notice of appeal still does not meet the requirements set forth in the paragraphs 1 and 2 of this Article, the notice of appeal shall not be handled and the member shall receive notification thereof within two (2) weeks after receipt of the last submitted and again disapproved notice of appeal.
5. Unless the provisions set forth in paragraph 4 of this Article apply, the notice of appeal shall within six (6) weeks after receipt be handled by the Board of Appeals. If the Board of Appeals is expected to exceed the term of six (6) weeks, the Board of Appeals shall inform the member thereof.
6. The Board of Appeals shall notify the member in writing of the decision on the notice of appeal, with arguments, and shall send a copy thereof to the Management Board.
7. Against a decision of the Board of Appeals on a notice of appeal no further appeal shall be open or possible. The member may if desired subsequently submit the case to the civil courts.
Article 113. Board of Appeals. Tasks, Appointment, Requirements, Powers
1. The Board of Appeals shall have the task to assess cases and to render decisions in cases that arise from the provisions set forth in Article 9 paragraph 1 sub c and Article 28 of the Articles of Association of the KFPS.
2. The members and a deputy member of the Board of Appeals shall be appointed, suspended and dismissed by the Council of Members under Article 20 of the Articles of Association. Candidates for the Board of Appeals can be nominated by all members of the KFPS to the Confidential Committee, which shall present one person per vacancy to the Council of Members for appointment, thereby taking into account the provisions set forth in the paragraphs 5, 6 and 7 of this Article.
3. The appointment shall be for a term of four (4) years with the possibility of a one time consecutive appointment of four (4) years. The members of the Board of Appeals shall themselves draw up such a resignation roster that annually at most one person resigns. The resignation roster shall be reproduced in the annual report of the KFPS.
4. The Board of Appeals shall consist of three (3) persons. The Chairman and the Vice Chairman shall be appointed by the members of the Board of Appeals from their midst.
5. Two (2) members of the Board of Appeals shall be no members of the KFPS. They have to declare and confirm that they will abide with the Articles of Association, rules, regulations and other resolutions of the KFPS. At least one member of the Board of Appeals has to be a member of the KFPS, however.
6. The member of the Board of Appeals who also is a member of the KFPS may within the KFPS constitute no part of any constituent body of the KFPS.
7. At least one of the members shall have the title "meester in de rechten" (Master of Dutch Laws).
8. A member of the Board of Appeals shall not be permitted to participate in the handling of a case if the relevant member is or has been personally or otherwise involved in the case. If it regards the member who is a member of the KFPS, he shall be replaced by the replacement member who is member of the KFPS. If it regards one of the other two members of the Board of Appeals, a replacement member will yet have to be appointed.
9. If a member of the Board of Appeals before or during the handling of a case is of the opinion that there is an incompatibility or that he for other reasons does not wish to act as a member of the Board of Appeals, he shall notify the Board of Appeals thereof as soon as possible.
10. The Board of Appeals shall be authorised to obtain information from the one who has lodged the appeal, from members of the Council of Members, from members of the Management Board, from officials, from the Board of Directors and staff members and from third parties.
11. The costs of consulting third parties by the Board of Appeals shall be for the charge of the KFPS, provided that these costs in the opinion of the Chairman of the Council of Members of special closed meetings of the Council of Members remain within reasonable limits.
12. If one (1) member of the Board of Appeals is prevented once to attend a planned meeting, the meeting is cancelled. If a member of the Board of Appeals is prevented for a longer time, the meeting shall only be held if the two (2) present members are not members of the KFPS. If a vacancy arises, the Council of Members shall at the next meeting fulfil the vacancy on nomination of the Confidential Committee.
Article 114. Confidential Committee. Tasks, Composition, Appointment, Term of Office
1. The Confidential Committee shall have the following tasks:
a. to call, select and make proposals to the Council of Members regarding candidates to fill vacancies in the Management Board, in the Finance Committee, in the Confidential Committee and in the Board of Appeals;
b. to assess and review the performance of the Management Board as a constituent body and to assess and review the performance of individual members of the Management Board, and subsequently to report its findings to the Council of Members in a special closed meeting in accordance with the provisions set forth in Article 15 paragraph 11 and Article 19 paragraph 4 of the Articles of Association.
2. The Council of Members shall appoint from its midst the members of the Confidential Committee, who can also be suspended and dismissed by the Council of Members.
3. The Committee shall consist of five (5) persons.
4. The Term of Office of a member of the Confidential Committee shall start on the day after his appointment. The Term of Office shall be four (4) years, without the possibility of consecutive reappointment. The Committee itself shall draw up such a resignation roster that annually one (1) and at most two (2) persons retire. The resignation roster shall be reproduced in the annual report of the KFPS.
5. If a member of the Committee for whatever reason has to withdraw, the Committee may nevertheless continue its activities. In the next meeting of the Council of Members the vacancy will have to be filled.
Article 115. Confidential Committee. Appointment Procedure of Management Board Members
1. The Committee shall draw up a profile before the procedure to appoint a Management Board Member is started, which profile shall be submitted to the Council of Members for approval.
2. If a vacancy has arisen or will arise in the Management Board, the Committee shall by publication in the Official Journal of the Association and on the Internet Site of the Association inform the members of the vacancy, and shall in that indicate that a candidate may apply in writing to the Confidential Committee, at the office of the KFPS, while stating on the envelope and in the letter head CONFIDENTIAL COMMITTEE. The application has to be accompanied by a curriculum vitae and an explanation regarding his capacities and skills, and his motives to submit the application. The Committee shall invite the Management Board, the management boards of Breeding Associations and the members to bring candidates forward and/or by means of letters to support candidates.
3. The Committee shall hold interviews with the candidates, test candidates on compatibility with the profile, select a limited number of candidates, shall ask advice from the Management Board and shall draw up a nomination of one person per vacancy.
4. This nomination shall be binding. The Council of Members may remove the binding character from the nomination by means of a resolution adopted with at least two thirds of the valid votes cast. The Council of Members shall appoint the member of the member of the Management Board.
5. The Council of Members shall appoint the Chairman of the Management Board from among the members of the Management Board in accordance with the provisions set forth in Article 21 paragraph 1 of the Articles of Association on proposal of the Confidential Committee.
Article 116. Confidential Committee. Performance Review Management Board and Members thereof
1. The Confidential Committee may hold a performance review with the members the Management Board separately and with the Management Board as a whole.
2. In accordance with Article 16 paragraph 11 of the Articles of Association the Committee shall assess and review the performance of the Management Board and of the individual members thereof, and shall report its findings in a special closed meeting of the Council of Members. The Committee shall inform the Management Board and the members of the Management Board respectively of its own findings and of those of the Council of Members, where necessary individually.
3. The members of the Committee and the members of the Council of Members shall not disclose anything of that which has been discussed in the Committee and in a closed meeting of the Council of Members.
Article 117. Finance Committee. Tasks, Composition, Term of Office
1. The task of the Finance Committee shall be to carry out investigations at the request of the Council of Members. Those investigations may concern the annual investigation of the accounts and the financial statements of the Management Board, and may also concern a specific investigation. The Committee shall report to the Council of Members. The Management Board shall be held to provide the Committee with all information desired by it.
2. The Council of Members shall appoint, suspend and dismiss the members of the Finance Committee.
3. The Committee shall consist of three persons who are experts in financial issues and who are members of the KFPS.
4. The Term of Office of a member of the Finance Committee shall start on the day after his appointment. The Term of Office shall be four (4) years, without the possibility of consecutive reappointment. The Committee itself shall draw up such a resignation roster that annually one (1) and at most two (2) persons retire. The resignation roster shall be included in the annual report of the KFPS.
5. If a member of the Committee has to withdraw himself in the interim, for whatever reason, the Committee may nevertheless continue its activities. In the next meeting of the Council of Members the vacancy will have to be filled.
Article 118. Councils and Committees. Nomination, Appointment, Suspension and Dismissal
1. Nominations for appointments in Councils and Committees, which for the purposes of these Bylaws also are deemed to include the Inspection, the Stallion Inspection and Reinspection Committee, the Performance Jury and the Conformation Jury, shall be drawn up in writing. Votes shall be held in accordance with the provisions set forth in Article 31 of the Articles of Association. If more than one (1) vacancy has to be filled, the nomination shall be for each vacancy separately.
2. Nomination shall take place on the basis of suitability for the relevant position or office. Candidates must be of full age and be member of the KFPS, unless provided otherwise in the Articles of Association or rules or regulations of the KFPS.
3. A vacancy that has arisen in the interim shall if possible be filled at the next meeting.
4. Those who are authorised to appoint members of a Council or a Committee shall also be authorised to suspend and dismiss them, unless provided otherwise in the Articles of Association or these Bylaws of the KFPS.
5. A member of a Council or a Committee can be suspended at the most for a period of six (6) months, during which period the person concerned cannot exercise any rights connected to his office or position. A suspension shall en by lapse of time, unless the suspension is lifted prior thereto or is converted into a dismissal.
Article 119. Councils and Committees. Number of Members, Minutes, Decision Making
1. Unless provided otherwise in the Articles of Association or rules or regulations, a Council or a Committee shall consist of an uneven number of at least three (3) persons, among whom a Chairman and a Vice Chairman. Unless provided otherwise, each Committee shall appoint from among its midst a Chairman and a Vice Chairman.
2. The Management Board may at the request of a Council or Committee make a staff member available.
3. The Chairman shall in consultation with the Council or Committee determine the place and time of the meetings and shall convene the meeting and draw up the agenda.
4. If at a meeting not all members are present or represented, and if at least more than half of the number of the members that are present so desire, the discussion of an item on the agenda shall be postponed and moved to a next meeting. The provisions set forth in Article 113 paragraph 12 of these Bylaws shall apply to the Board of Appeals.
5. Decision making may also take place outside a meeting, provided that all members are in favour of the relevant resolution.
6. Minutes shall be drawn up of each meeting of a Council or Committee, which will be submitted for approval to the next meeting.
7. The Management Board or a deputation thereof may attend meetings of Councils and Committees, with exception of a special closed meeting of the Council of Members and the Confidential Committee appointed by the Council of Members, the Finance Committee and the Board of Appeals. At those meetings they may only give an advisory opinion and cast an advisory vote.
8. The Management Board shall determine in respect of which meetings of a Council or a Committee the Management Board wishes to receive a copy of the approved minutes or a summary thereof, which the Council or Committee will have to submit, with exception of the Board of Appeals appointed by the Council of Members, the Confidential Committee and the Finance Committee.
Article 120. Regional Meetings. Agenda
1. A regional meeting shall consist of the members of the members of the KFPS who are resident or domiciled or have their registered office in the region.
2. The agenda of a meeting may inter alia include the following items:
a. the adoption of the minutes of the previous meeting;
b. the report of the pursued policy of the KFPS;
c. the annual report and the financial report regarding the preceding financial year, including the annual accounts of the KFPS;
d. presentations regarding the policy of the KFPS to be adhered to and carried out;
e. the budgets of investments and exploitation;
f. any elections of one or more delegates for the Council of Members;
g. any other business and questions before closure.
3. Proposals shall be added to the agenda in the regional meeting when these proposals, with an explanation, have been submitted at the latest two (2) weeks before the regional meeting in writing to the KFPS by at least ten (10) of the members who are entitled to vote and who come under the region.
Article 121. Indexing of Amounts
1. The amount referred to in Article 22.6 sub e of the Articles of Association is fifty thousand Euros (EUR 50,000.00). Annually this amount shall be indexed in accordance with the Consumer Price Index (CPI) "all households" as published by the Dutch Central Bureau of Statistics (CBS).
2. The price index shall furthermore annually be applied to the provisions set forth in Article 25 paragraph 1 sub a and sub b of the Articles of Association.
Article 122. Compatible and Incompatible Double Functions. Matrix
To the compatibility of functions, that which is incorporated in the matrix that has been attached to this deed (Appendix) applies, in which the letter "T" indicates that a function is permitted, the letter "X" indicates that compatibility or incompatibility of functions is not applicable, and if the relevant box is empty this means that the combination of the relevant functions is not permitted. The aforementioned Appendix is an integral part of these Bylaws.
 
MATRIX 

CAN BE A

MEMBER OF

 

 

 

 

MEMBER

OF

Board

Administration

Staff

Inspection

Jury

Stallion Inspection Com.

Performance jury

Council of Members

Finance Committee

Confidential Committee

Breeding Council

Sports Council

Stallion Manager/Owners

Disciplinary Committee

Appeals Committee

Board of Appeals

Board

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Administration

 

X

 

 

 

 

 

 

 

 

A

A

 

 

 

 

Staff

 

 

X

 

 

 

 

 

 

 

A

A

 

 

 

 

Inspection

 

 

 

X

 

P

 

 

 

 

A

A

 

 

 

 

Jury

 

 

 

 

P

P

P

 

 

 

 

 

 

 

 

 

Stallion Inspection Com.

 

 

 

 

P

X

P*

 

 

 

 

 

 

 

 

 

Performance jury

 

 

 

P

P

P

X

 

 

 

 

 

 

 

 

 

Council of Members

 

 

 

P

P

P

P

P

P

P

 

 

P

 

 

 

Finance Committee

 

 

 

 

P

 

 

P

X

 

 

 

 

 

 

 

Confidential Committee

 

 

 

 

P

 

 

P

 

X

 

 

 

 

 

 

Breeding Council

 

 

 

 

P

 

 

P

 

 

X

 

P**

 

 

 

Sports Council

 

 

 

 

P

 

 

P

 

 

 

X

 

 

 

 

Stallion Manager/Owners

 

 

 

 

 

 

 

P

 

 

P

P

X

 

 

 

Disciplinary Committee

 

 

 

 

P

 

 

P

 

 

 

 

 

X

 

 

Appeals Committee

 

 

 

 

P

 

 

P

 

 

 

 

 

 

X

 

Board of Appeals

 

 

 

 

P

 

 

P

 

 

 

 

 

 

 

X

 

 

Above the diagonal: one person is permitted to hold more than one position.
On the diagonal and below it: a combination of positions can be filled by persons who are related by blood or related by marriage up to two times removed, including foster children and registered partners or life partners insofar as they keep a joint household.

P Permitted
X Does not apply
A Advisory member

* A member of the performance jury cannot simultaneously be a member of the stallion inspection jury and also as a member of the performance jury advise the stallion inspection jury.

** No more than one stallion manager or stallion owner can be a member of the Breeding Council.