Article 1 AMERICAS BASKETBALL INTERNATIONAL, hereinafter ABI, shall be a league composed of regional associations basketball teams; as provided for under Article 6 of these General Statutes. This league shall be organized in such a manner as to acquire legal status. It must be listed in the Registration of the state in which its headquarters are located. ABI is the sole competent authority for its men's basketball league.
Article 2 The headquarters of ABI shall be established in Birmingham, Alabama. Any change to these headquarters to another continent must be approved by the BOARD of ABI and The Commissioner. ABI shall be subject to the laws of the country and state in which the headquarters are located.
Article 3 ABI is a profit-making organization. Therefore, it shall pursue any objective for its own gains. It shall pursue solely and directly objectives of general interest in accordance with the legislation of the country and state in which its headquarters are located. The financial resources of ABI may only be used in pursuit of the objectives laid down in these General Statutes. To the extent that compensation or reimbursement of expenses is paid to individuals, it must be appropriate, justified, and related to the federation's objectives. ABI shall establish reserve funds to an extent and in a manner permitted by the legal provisions of the country and state in which its headquarters are located. These reserves may be used in compliance with the legal provisions of the country and state in which the headquarters of ABI are located. The Board shall decide on the usage of the reserves.
Article 4 ABI shall maintain absolute political and religious neutrality and shall not tolerate any form of discrimination, racial or otherwise.
Article 5 ABI’s aim shall be to develop the sport of basketball in all countries and states worldwide. To this end, ABI shall promote, supervise, and direct the sport of basketball throughout the world. In particular, ABI shall:
A) Establish the Official Basketball Rules, the specifications for equipment and facilities, and all internal and general regulations that must be applied on all occasions, particularly at international competitions for which ABI establishes the system of competition. B) Organize, govern, and control all international competitions, particularly at national and club team level. C) Control the practice of men's basketball in all its forms. D) Govern and control the appointment of federation or international referees. E) Regulate and approve the transfer of players and referees from one national federation to another. F) Promote amicable and courteous relations between national federations, Commissions, and their officials and players. G) Take every measure appropriate in order to prevent violations of the General Statutes, Internal Regulations of ABI, and Official Basketball Rules. H) Provide for the principles valid for deciding and settling all disputes and guaranteeing the right of defense and an impartial judgment, as per the statutory provisions or regulations.
Article 6 These General Statutes are Regulations for the members of ABI. In order to become a member of ABI, all groups must submit an application for membership to ABI for approval by the Board. The application for membership shall contain a declaration in which the applicant undertakes:
A) To conform at all times to the General Statutes, Internal Regulations, and decisions of ABI and the Board. B) To observe the Official Basketball Rules of ABI which we have adopted. Regulations therefore form part of the ABI statutes and regulations. Furthermore, affiliates of the ABI agree to strictly observe all regulations and decisions of ABI. In cases of doubt or conflict, the General Statutes and Internal Regulations of ABI shall prevail. Then they shall be eligible for membership of ABI.
Article 7 All teams shall be held liable for all financial obligations of their clubs towards ABI. If a team in good financial standing with ABI at the time of its disbandment. ABI shall take over all the financial obligations of the former OWNERS towards ABI and which has not paid its fees or arrears for a period of ONE (1) years shall lose its rights as an affiliated member of ABI. At this time all teams are owned by the Americas Basketball International (ABI)
Article 8 All player salaries start at the minimum $4,000.00 per month with the uncap limited until the otherwise advise by the Commissioner. The player salaries come guaranteed after 90 days after the season started. Trading deadline and changing of players is January 31 of every season until it has been revised. All players must carry himself in a business manner, as well as his conduct on and off the court. He should always be professional on and off the court and the dress code for the year is business or business casual. Drug testing will be done as well, violate of this test is a dismissal. At this time the league has a non tolerance policy. Any player violate league rules will be dismiss.
The Divisions of ABI Article 9 The divisions of ABI shall be:
A) The Commissioner B) The Board C) The Finance Council D) The Medical Council E) The Media Council F) The Attorney for Legal Matters
Article 10 The BOARD may grant the title of Honorary President or Honorary Member to any person having rendered outstanding service to the Federation. Nominations for such positions shall be made by the Board. An Honorary President or an Honorary Member shall be permitted to attend the Board and the Board meetings with the right to join in discussions, but not to vote.
The Commissioner Article 11 The Commissioner shall be the supreme authority of ABI and shall hold sovereign powers within its terms of reference under these General Statutes. To exercise overall control over the financial management of ABI (AMERICAS BASKETBALL INTERNATIONAL. Should the President be temporarily indisposed, he shall be replaced during sessions of Board or meetings of the Board by the Assistant Commissioner of ABI.
Members of the Board, who will have consultative powers only, unless they officially represent an affiliated federation. Affiliated national federations may only be represented in person by their delegates, who must present a document signed by the President of that national federation proving that they are delegates of that federation.
The Board shall have the powers delegated to it under these General Statutes and the Internal Regulations. The term of office of the Board shall be the four (4) years between the ordinary sessions of Board.
The Board shall assume the functions determined by these General Statutes and the Internal Regulations, in particular the following:
A) To supervise the practice of basketball worldwide. B) To supervise the Assistant Commissioner management of ABI's affairs. C) To accept or reject applications for membership from national federations. D) To decide on the suspension of affiliated members. E) To appoint the Honorary President or Honorary Member and to enter into contracts with them relating to their services and their duties on behalf of ABI. F) To present activity reports and financial reports for the last financial period to Commissioner. G) To determine the financial policy and to approve the budget and the financial report as prepared by the Treasurer and the Finance Council, subject to ratification by Commissioner. H) To prepare the final text of the proposed amendments to these General Statutes to be submitted to Commissioner for approval. The final text of the proposed amendments, as prepared by the Board, shall be sent to each teams. I) To adopt and modify the Official Basketball Rules.
Finance Council, in his capacity as a member of the Board, shall have the following duties:
A) To control the financial administration of ABI. B) To supervise the current account of income and expenditure. C) To examine the periodic financial reports prepared for ABI. D) To draw up the four (4) year budget, together with the Assistant Commissioner. E) To ensure the proper implementation of the budget. F) To present the complete statements of account to Board.
The Assistant Commissioner shall be appointed by the Commissioner and shall remain in office until the expiration of his term of office, as determined by a contract containing adequate provisions to ensure full-time activity. To draft and circulate official communications of ABI and to ensure the receipt of annual fees from members, as well as contributions, royalties dues, emoluments and fines imposed by the competent divisions of ABI:
A) To administer ABI’s finances. B) To study the means of ensuring the financial resources of ABI and submit a report to the Board accordingly. C) To ensure the enforcement of these General Statutes and all ABI regulations. D) To impose the sanctions, in accordance with the Basic Principles governing the Application of Penalties, provided for in these General Statutes, the Internal Regulations and the Official Basketball Rules.
The Commission for Legal Matters Article 12 The Commission for Legal Matters shall have the following duties:
A) To provide independent advice on all legal matters concerning the practice of basketball worldwide. B) To study the legal implications of all proposed amendments to the General Statutes of ABI. C) To draft the official text of the Internal Regulations, together with the other bodies concerned, and to finalize this text before submitting it to the Board for approval. D) To advise the Commissioner and the Board on matters pertaining to the interpretation of the current General Statutes, Internal Regulations and all other legal matters, in particular eligibility.
The Appeals' Commission Article 13 The Appeals Commission shall have the following duties:
A) To hear and decide on appeals filed by an affected party against decisions of ABI, including its organs and disciplinary bodies, unless such an appeal is expressly excluded in these General Statutes or the Internal Regulations. B) To act as an arbitration panel for disputes within the world of basketball provided that ABI, its respective divisions or disciplinary bodies are not directly involved in such a dispute. C) To prepare in consultation with the Commission for Legal Matters the Regulations governing Appeals for approval by the Board. D) To consult with and to suggest to the Commission for Legal Matters any amendments to these General Statutes and the Internal Regulations.
GENERAL STATUTES
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