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Constitution

1. Document Control
Version Number Last Update Updated By Approved On
1.0 May 2024 Daniela Vella 19/05/2024
2. Glossary
MPA Malta Powerlifting Association
IPF International Powerlifting Federation
OCVO Office of the Commissioner of Voluntary Organizations
AGM Annual General Meeting
EGM Extraordinary General Meeting
WADA World Anti-Doping Association
AIMS Agency of Integrity in Maltese Sports
3. Name and Office

The name of the entity shall be Malta Powerlifting Association, hereinafter referred to as “The Association” or “MPA”. The Association was established on the 15th of April 2017 as a voluntary organization under the commissioner of Voluntary Organizations, hereinafter referred to as the OVCO, with Voluntary Organization number VO-1940. MPA registered address is ℅  Spartan Strength & Fitness   5, Manor Heights, Birkirkara Hill, St Julians.

MPA is a registered affiliate of the international body of powerlifting – the International Powerlifting Federation, hereinafter referred to as IPF. MPA cannot be a member of another international organization that is not recognized or approved by the IPF, i.e., the National Federations affiliated to the IPF shall not be affiliated to any other organisation with similar objects to those of the IPF and, in particular, to any other organisation purporting to be, or seeking to become, a worldwide governing body for powerlifting.

4. Objectives and Power

The main objectives of The Association are to:

  • Promote and grow the sport of powerlifting in Malta 
  • Give an opportunity to athletes to represent Malta in national and international competitions
  • Supervise, control and regulate powerlifters and powerlifting competitions in Malta
  • Act as the body representing IPF in Malta.

The Association will have the power:

  • To purchase, lease, hire or otherwise acquire and hold real and personal property rights and privileges; 
  • To control and raise money, including to borrow, invest, loan or advance monies and to secure the payment of such money by way of mortgage, or charge over all or part of any of its real and personal property;
  • To sell, lease, mortgage, charge or otherwise dispose of any property of the Association and to grant such rights and privileges over such property as it considers appropriate;
  • To determine, raise and receive money by subscriptions, donations, fees, levies, gate charges, sponsorship, government funding or otherwise; 
  • To make, alter, rescind and enforce by-laws, regulations, policies and procedures for the governance, management and operation of the Association; 
  • To enter into contracts with employees, sponsors, members and any other persons, agencies and organizations; 
  • To make and enforce rules of competition in adherence to those already established by IPF; 
  • To produce, develop, create, license and otherwise exploit, use and protect the intellectual property of the Association; 
  • To determine who are its members; 
  • To withdraw, suspend or terminate membership; 
  • To determine, implement and enforce disciplinary, disputes and appeal procedures (including drug testing and other policies), conduct hearings and impose sanctions and penalties; 
  • To consider and settle disputes between members;
  • To do any other acts or things which are incidental or conducive to the attainment of the objects of the Association, provided that the above powers shall not limit the rights and powers of the Association as an incorporated body under the Act.
5. Membership

Membership with the MPA is open to anyone irrespective of race, ethnicity, religion, gender, age or ability. The MPA offers only one kind of membership for natural persons. In order to become an MPA member one must: 

  • Have a Malta-issued valid passport or be a permanent resident of Malta
  • Be of legal age or have a legal guardian’s permission if under the legal age

The membership is valid for 1 year rolling from the purchase month. The price of an MPA membership is determined yearly at the discretion of the Committee. All members will be bound by these rules and the regulations, by-laws and policies of the association.  Membership may be suspended or terminated following a resolution passed by a two-thirds majority of votes of the Committee if a member:

  • Is convicted of an indictable offense; 
  • Acts in a manner considered to be injurious or prejudicial to the character or interests of the Association; 
  • Breaches any provisions of this Constitution which are not remedied within 14 days after receiving notice from the Committee requiring the breach to be remedied; 

Any resignation or lapse of membership does not release a member from any monetary dues to the MPA. A member must have a valid membership in order to take part in local, national or international events, as well as to have a voting right at any AGM or EGM.

6. Officers

The following officers are elected in each AGM: 

  • President
  • Vice President
  • General Secretary
  • Treasurer 
  • Integrity Officer
  • Events Manager – optional
  • Marketing and Communication Manager – optional

The above roles make up the Executive Committee, hereinafter referred to as the Committee. Elected people in the Committee can declare and be compensated for any documented expenses. Such compensations shall be included in the budget and the annual accounts for the Association. The Association, may at its discretion but in accordance with the Voluntary Organizations Act, opt to employ a person for a temporary or permanent role. Such a decision must have an absolute majority (⅔) of the Committee during an AGM or EGM. The Committee must always be made up of an odd number of officers and be no less than three (3) officers and no more than nine (9) officers.

7. Nominations and Elections

Any nominations for officers of the Association may be made by any member and shall be forwarded to the secretary in writing or by email not less than 30 days before the ensuing AGM and then notified to all current officers and members of the Association not less than 14 days before the relevant AGM. The nomination shall also include a secondment from a current member of the Committee. 

A person cannot be an officer of the Association unless they are a member for at least one year. If no valid nomination for any of the officers listed above are received by the secretary, nominations for the position or positions, as the case may be, may be made orally at the AGM provided that the approval of the nominee has been obtained. Should there be only one nomination for an available office, the Chairperson of the meeting shall declare the nominee elected. Should there be more than one nominee for an available office a secret ballot shall be taken amongst those members entitled to vote for the officers. The officer will be elected by a simple majority. 

Election of the members of the Association executive committee is always for a renewable term of one (1) year for all members. Each voting member has only 1 vote apart from the General Secretary who has 2 votes in case of a tie. Voting by proxy is not allowed.

8. Annual General Meeting

The Annual General Meeting must take place within the first 6 weeks of the year, each year.

During the AGM, the Association shall endeavor:

  • To elect officers of the Association in accordance with Section 6 and 7;
  • To receive reports on the previous year’s activities, including the President’s report, a financial report and auditors report, if necessary;
  • To consider any notices of motion and remits;
  • To transact any other business that may properly be conducted at an AGM

Notice of the AGM shall be given to the members of MPA no  less than 45 days prior to the AGM. Notices of motions containing changes to this Constitution and all other remits and nominations must be received by the secretary at least 30 days prior to the meeting.

The quorum of an AGM shall consist of at least 75% of the Committee and any members that express interest to attend. Non-members may attend the AGM but shall not have any voting rights. Any motions passed shall have the effective date of the AGM. During an AGM, every member with a fully paid membership can vote.

9. Extraordinary General Meeting

An EGM can be called upon if:

  • 50% of active members request one
  • 33% of the Committee request one
  • The governing international or national body requires one

For an EGM to occur, 15 days notice must be given to the members and the agenda shall be circulated no  less than 7 days before the EGM. No other business shall be discussed during the EGM than what is set from before. Any motions passed shall have the effective date of the EGM. During an EGM, all committee members need to be present, unless a valid reason for absence is provided, and all MPA members with a fully paid membership can vote.

10. Financial Running of the Federation

The designated appointee is responsible for the maintenance of bank accounts, up to date financials and ensuring that the Association is running at a profit. Any profit declared at the end of the financial year, must be reinvested into the Association or its members. Any financial decisions exceeding 100€ must have at least ⅔ majority in the Committee.

The Association may decide to apply for any special government grants or sponsorships. In the cases where assistance is given, it is up to the Committee to decide how the distribution of such funds is made, in accordance with all local rules and regulations. The treasurer is to provide a quarterly statement to the Committee on the financial performance of the Association. The financial year of the Association runs from 1st January to the 31st December of every calendar year.

11. Integrity in Sports

The Association follows and accepts the IPF Anti-Doping regulation as well as the World Anti Doping Code.  The Association is also compliant with the Agency of Integrity in Maltese Sports, hereinafter referred to as AIMS. It is the responsibility of the integrity officer to ensure that all regulations to AIMS, & WADA are adhered to. It is also their responsibility to ensure compliance with the yearly certification.  The Association and its members recognize the Court of Arbitration for Sport (CAS) in Lausanne as the only external body for jurisdiction, applying the Code of Sports-Related Arbitration for all disputes which cannot be settled amicably through mediation. However, all internal legal remedies must be exhausted before referring a matter to the Court of Arbitration for Sport. 

Nothing in Section 11 is intended to replace or supersede any applicable rule of the IPF which may apply with respect to anti-doping matters provided the applicable rule of the IPF is not inconsistent with the World Anti-Doping Code. Doping is a serious matter and the Committee is entrusted with educating and eradicating any issues of this nature as guided by WADA and its affiliated bodies. A 2,000€ fine payable to the MPA is issued to any member that is found to be in violation of the WADA regulations, and/or gets a positive test after a national or international test.

12. Disciplinary cases

Any complaint regarding behavior likely to bring the MPA into disrepute will, in the first instance, be brought to the attention of the President or Vice President, whose prerogative is to decide whether the offense is of a nature to warrant a Warning of Conduct and to request a written letter of apology from the offender. If a satisfactory letter of apology is forthcoming, the matter is ended. If no letter of apology is forthcoming within 14 days of the request being received by Registered Letter, or if the apology is deemed to be unsatisfactory, the President shall consult all available members of the Committee to determine whether or not it is the majority view that the subject of the complaint warrants further disciplinary action. Where such action is considered by a majority of Committee members to be appropriate, the President takes whatever steps deemed necessary. In the event of a tied vote, the President shall make the decision whether or not to proceed with further disciplinary action. 

13. Sub Committees

The Committee can agree and decide to open a sub-committee to serve a temporary purpose or to get more help from the powerlifting community. Such sub committees have no bearing on any constitutional changes and are subject to the direction of the Executive Committee. There needs to be at least one officer from the Executive Committee present in any sub committee created.

14. Competition Rules of Powerlifting

The MPA follows any technical rules as issued by the IPF. During a local competition, where possible, the head referee should be an experienced competitor or an officer of the Committee. Any member of the MPA is not allowed to compete in sports that goes against Article 14 of the IPF Code.

15. Matters not provided For

If any matter shall arise which in the opinion of the MPA is not provided for in this constitution then the same may be determined by the MPA in such manner as it deems fit, and every such determination shall be binding upon members unless and until set aside by a resolution of an AGM.

16. Indemnity

The MPA and other officers and servants (whether voluntary or paid) of the Association shall be indemnified by the Association against all losses and expenses incurred in relation to the discharge of those duties unless such loss or expense incurred as a result of their own dishonesty, wilful act or omission or negligence.

17. Dissolution

In the event of a call for the dissolution of the Association, an EGM must be called and a motion must be passed by ⅔ majority. Furthermore, another EGM shall be called 3 months later and another motion to that effect has been passed by a two thirds majority of the members present and entitled to vote at any EGM convened for that purpose and in accordance to any Maltese regulations. 

On dissolution the assets of the Association remaining after payment of all the Association’s liabilities will be disposed of in such manner as passed by resolution at the General Meeting convened for the purposes of dissolving the association; provided however the assets shall not be paid to or distributed among the members of the Association but shall be given or transferred to some other organisation or body having objects similar to the objects of the Association, or to some other charitable organisation or purpose in Malta.

18. Prohibition on Personal Benefits

No member or person associated with a member may participate in or materially influence any decision by the Association in respect of payment to or on behalf of that member or associated person, of any income, benefit or advantage.

Any such income paid or benefit or advantage conferred must be reasonable and relative to that which would be received in an arm’s length transaction (being the open market value). This rule and its effect must not be removed from the rules of the Association and must be included in any alteration, addition to or revision of these rules.