Yesterday’s Vehicles on Tomorrow’s roads GA Meeting Budapest – 2014 Survey: Results & Recommondations

Yesterday’s Vehicles on Tomorrow’s roads FIVA in General FIVA is and must remain an international association. – Deloitte checked it is possible to operate from Brussels while still being registered in Paris The official Language of FIVA will remain English and French – A few said only English Although FIVA decided to hand over the bookkeeping to a professional organization, FIVA will also appoint a Treasurer (97% = Yes) The bookkeeping year will be from 1/9 to 31/8 (92% = Yes) For the future the bookkeeping should be reviewed by a certified company (other than the bookkeeper) (100% = Yes)

Yesterday’s Vehicles on Tomorrow’s roads FIVA in General FIVA will open membership to stakeholders other than Clubs or Federations

Yesterday’s Vehicles on Tomorrow’s roads Comments : FIVA can open membership to stakeholders other than Clubs and Federations, like museums, institutes, vehicle producers, spare parts producers, industry, but very carefully. Fiva must not allow the partial interests, local interests or capital interests of such members to overtake the basic FIVA spirit, because of some potential, short term financial benefits. Social membership Add car museums only Only Patrons and Associate Members as indicated in Art. 7 of the Statutes. It would not be in the FIVA spirit to accept businesses and their legitimate commercial expectations.

Yesterday’s Vehicles on Tomorrow’s roads Comments : No voting right for stakeholders Questions:Has the General Committee currently identified stakeholders, other than qualifying Clubs or Federations, the cooperation and benefit from which FIVA may only attain through conferring some form of membership status? Has a Strengths/Weaknesses/Threats/Opportunities (SWOT) analysis been undertaken of this proposal? Proposal: That associate membership with non-voting capacity is used to the benefit of FIVA in accordance with current Article 7.3, or that the interpretation of Article 7.2 is clarified or defined so as to enable this to happen without detriment to effective members. The rights and duties have to be defined precisely Given only "yes" or "no" it will have to be "no" even though it under correct conditions could be relevant with sponsors, companies with commercial interests or museums to be linked to FIVA but without any voting rights

Yesterday’s Vehicles on Tomorrow’s roads Fee System The fee system will be changed – In the future there will be no distinction between EU and non EU members, since all the political work done in the EU can be used in any other country. The fee system will be changed – There should be a separate fee system between effective and associated members Comments: There can be a separate fee system between effective and asscociate members, but it should be dependant on the rights of the associate members...//... If all effective members have the same fee system, then they should have the same voting rights. Since only effective members have the right to vote, Associate Members should not pay.

Yesterday’s Vehicles on Tomorrow’s roads Fee System The fee system will be changed – There should be no longer a difference in the fee system between an ANF and a non ANF Member The fee system will be changed – The fee system should be related to the number of individuals that the FIVA member is representing (also when an individual is member in more than one club the FIVA Member has to pay for this individual for each club where he is registered as a member) Comments: ANFs can sell FIVA ID-Card at a cost higher than that paid to FIVA and can enjoy prerogatives and benefits that other Members do not have. Therefore it is appropriate that ANFs’ fees are higher than other Members’. ANF and non-ANF have different duties and rights - therefore it make sense to differentiate

Yesterday’s Vehicles on Tomorrow’s roads Fee System / ANF Status The ANF Status will be kept (92% = Yes) Comments: – The ANF status can be lost for serious reasons and decided by the G.A. – Proposal:That, if not already in existence, FIVA should set up a process by which to periodically assess and reaffirm that ‘level of expectation’ in nations where there is more than one Member that could be capable of appointment to ANF status. A process of contestability could be introduced. The ANF Status should be defined by the General Committee (77%=Yes) Comments: – The ANF status can be lost for serious reasons and decided by the G.A. – Proposal: That, if not already in existence, FIVA should set up a process by which to periodically assess and reaffirm that ‘level of expectation’ in nations where there is more than one Member that could be capable of appointment to ANF status. A process of contestability could be introduced.

Yesterday’s Vehicles on Tomorrow’s roads Mandates & Elections Mandates of the elected representatives will be 3 years (96%=Yes) Comment: All elected only 2 terms of 3 years A president would have maximum 2 consecutive mandates and all other members of the board 3 consecutive mandates (86% = Yes) Comments: – We do not believe that the »rotating principle« of the board members (3 mandates on one position, another 3 mandates on another position, …) is a good solution. This could bring the board to the »blocked« position where no fresh members would be possible for years. – There should be no limit to the number of consecutive mandates. There could be a limitation by age (i.e. the candidate should not be older than 75 years at the time of election) There is always the possibility to end the presidency by nomination of a rival candidate.

Yesterday’s Vehicles on Tomorrow’s roads Membership Status & Voting All effective members (all FIVA members, not only ANF) will have voting rights Comments: Most definitly, There are many cases where that ‘plain’ FIVA member does more than the ANF. In some cases the plain member has a larger membership than the ANF as well. To our knowledge, in no other Club/Federation other than FIVA there are Members who cannot vote. No, since ‘stakeholders’ should not be allowed membership The ANF represents the whole national historic vehicle scene. Therefore all issues should be discussed on a national level beforehand and then presented with one voice to FIVA. Only effective members can vote

Yesterday’s Vehicles on Tomorrow’s roads Conclussion Questionaire The members want: Changes in fee systems and voting rights Not too much influence from commercial stakeholders A better way to safeguard regular fresh blood in commissions and General Committee Better qualified members of these groups with regard to language skills, background and dedication Note: Not all slides and comments have been shown due to time restrictions but I have tried to give a fair representation of all comments.

Yesterday’s Vehicles on Tomorrow’s roads Voting Rights, the questions asked: : 1.Is it legal that there are „normal“ members in a federation without a voting power although they pay a fee? 2.Is it necessary to give voting rights to all members – except honorary members? 3.Is it possible to exclude the voting power of members in statutes? 4.How about the decisions which have been taken in the past?

Yesterday’s Vehicles on Tomorrow’s roads Conclusions TAJ: The general principal of equal treatment of members under French association law requires all members access (direct or indirect) to voting rights TAJ: Paying members should have voting rights, at this stage, we believe that non ANF members could claim that they have been wrongfully excluded from any voting right in FIVA. TAJ: It seems to us, however, that the discretonary nature of the process of determination of the ANF (which is key to the allocation of voting rights) does not allow for the necessary predictability of the process.

Yesterday’s Vehicles on Tomorrow’s roads Disclaimer: The reply of the lawyers came only a few days back and was 3 densely printed pages long. Some questions need to be answered before we come to a final conclusion Full reply of the lawyer available on request However: It look like we really need to get going on new statutes now! My conclusion: FIVA might be breaching the law and if not, does not handle the rights of its members in an ethical way