ACM stay on course through publication of the 'Notice Of Entry'.
The following document (© ACM) can be downloaded from here.
Specifically, have a look at 2.2 iv - The Deed of Gift gets an update - 'has or will have' a regatta.
Notice of Entry
1. Background
This Notice of Entry is issued by AC Management SA pursuant to Article 4 of the Protocol Governing the 33rd America’s Cup for application by yacht clubs to become a Challenging Competitor.
Definitions used in the said Protocol shall apply to this Notice of Entry.
2. Application
I, ________________________________ am the Commodore (or state other office) of the _____________________________________ [ yacht club name ] and I am duly authorised by such yacht club to submit this Notice of Entry, as confirmed by [Notary] hereunder.
2.1 Yacht Club: [ Club ] hereby makes application to AC Management SA to become a Challenging Competitor in the 33rd America’s Cup.
2.2 Deed Of Gift: [ Club ] is qualified to challenge for the America’s Cup under the terms of the Deed of Gift dated 24 October 1887 between George L. Schuyler and the New York Yacht Club regarding a silver cup won by the schooner yacht America at Cowes, England on the 22nd day of August 1851, as amended by orders of the Supreme Court of the State of New York on 17 December 1956 and 5 April 1985, and in particular;
(i) is not domiciled in Switzerland;
(ii) is an organised yacht club;
(iii) is incorporated, patented or; licensed by the legislature, admiralty or oth executive department of the state in which it is domiciled; and
(iv) has or will have an annual regatta on the sea or an arm of the sea.
2.3 Certificate of Incorporation: An original notarized certified copy of the [club’s ] certificate of incorporation as well as of the trade register extract is/are annexed to this Notice of Entry.
2.4 Annual Regatta: The Notice of Race of the [ club’s ] annual regatta on the sea or arm of the sea demonstrating the Challenger meets or will meet the obligations in the Deed of Gift are annexed to this Notice of Entry.
2.5 Organised: Details, such as the [club’s] existing by-laws and its organization regulations, demonstrating how the [club] is organised and meets the obligations in the Deed of Gift regarding being an organised yacht club are annexed to this Notice of Entry.
2.6 Representation: [ Club ] will be represented by
_________________________________________________
Name of representative (syndicate)
All communications and notices are to be sent to:
[Provide address (no PO Box address), fax, and email, telephone details of both the yacht club and the representative entity (syndicate) with the name(s) of contact person(s)]
3. Bound By Protocol
The [ Club ] and the [ Representative – syndicate ] each hereby unconditionally agree and accept to be bound by the terms of the said Deed of Gift, the Protocol, and all applicable rules and obligations referred to in such Protocol including but not limited to those which will be contained the documents listed in Article 2.5 of the said Protocol, and any amendment to such Protocol or such rules and obligations that may be issued from time to time.
4. Arbitration and Dispute Resolution
The [ Club ] and the [ Representative – syndicate ] each hereby unconditionally agree and accept to be bound by the dispute resolution provisions of the Protocol and by the decisions rendered by the Measurement Committee, Sailing Jury and the Arbitration Panel in accordance with such provisions of the Protocol. [ Club ] further unconditionally submit to the exclusive jurisdictions of the Measurement Committee, Sailing Jury and the Arbitration Panel as provided in the said Protocol and agree and undertake not to resort to any other court, or tribunal in respect of any matter regarding the 33rd America’s Cup.
5. Entry Fee and Performance Bond
[ Club ] submits an entry fee of Euro 50,000.00 with this Notice of Entry and agrees a performance bond will be required to be posted by us to AC Management SA of up to Euro 950,000.00 at a later date on at least 30 days prior notice.
The entry fee shall be transferred on the following bank account:
BENEFICIARY BANK :
UBS SA
Rue des Noirettes 35
Case Postale 2600
1211 Genève 2
BANK ACCOUNT :
IBAN : CH 3000 2402 4048 7696 75T
SWIFT : UBSWCHZH80A
ACCOUNT BENEFICIARY :
AC MANAGEMENT SA
20, Route de Pré Bois
CP-1852-1215 Geneva 15
Switzerland
6. Challenger of Record
The [Club] and [Representative – syndicate] each acknowledge and agree that the Club Nautico Español de Vela (“CNEV”) is the Challenger of Record under the terms of the Protocol, but that in the event of the withdrawal or disqualification of CNEV, [Club] may become the Challenger of Record, as provided under Article 3.3 of the Protocol.
The [ Club ] and [ Representative – syndicate ] also acknowledge that Golden Gate Yacht Club ("GGYC") is claiming that CNEV is not a valid Challenger of Record and has commenced a lawsuit in New York State court seeking to have CNEV removed as Challenger of Record and to have GGYC inserted in its place.
The [Club] and the [ Representative – syndicate ] further acknowledge that Societé Nautique de Genève ("SNG") has commenced an arbitration proceeding before the Arbitration Panel constituted under the Protocol in which it asks the Panel to confirm CNEV's status as Challenger of Record.
The [ Club ] and the [ Representative – syndicate ] each understand that AC Management and SNG cannot be responsible for any losses incurred by [ Club ] and/or [ Representative – syndicate ] as a result from GGYC's actions.
Signatures:
Name:
Office:
Date:
[NOTARY’S LEGALISATION + CONFIRMATION OF SIGNATORY’S AUTHORITY, POSSIBLY CONFIRMED BY THE HAGUE APOSTILLE]
[Representative – syndicate]:
By countersigning this Notice of Entry [representative – syndicate] confirms its agreement with its provisions and in particular unconditionally agrees and accepts to be bound by the terms and conditions of sections 3, 4 and 6 above.
Name:
Office:
Date:
[NOTARY’S LEGALISATION + CONFIRMATION OF SIGNATORY’S AUTHORITY, POSSIBLY CONFIRMED BY THE HAGUE APOSTILLE]
--Ends--
ACM stay on course through publication of the 'Notice Of Entry'.
No comments:
Post a Comment