1. NAME AND ADDRESS
The objects of the Club shall be:-
 The Classification of the Members of the Club shall be as follows:
(a) Honorary Life Members, being members who have rendered exceptional service to the Club and who are elected as Honorary Life Members as hereinafter provided. They shall pay no subscription and shall be entitled to all the privileges of Ordinary Members but shall not be liable for any debts of the Club. Not more than one Honorary Life Members shall be elected in any one year.
(b) Honorary Members, being officers of any Commonwealth armed forces on duty in Sabah and of foreign navies, officers of the Malaysian and British Merchant Navies and members of recognised Yacht Clubs, who are invited by the General Committee to become Honorary Member of such periods of time as the General Committee shall determine. They shall pay no subscription and shall be entitled to all the privileges of Ordinary Members except those of voting at General Meetings and not of nominating members, but such period shall not exceed one calendar month.
(c) Ordinary Members, who shall consist of:
(i) Resident Members, being those Ordinary Members who reside in Sabah and Federal Territory Labuan.
(Rule 7(1) (c) (i) amendment approved by ROS on 17/08/1998)
(Ref : PPM.SB.1012/66(56) & PPP.SB.128/52)
(ii) Outstation Members, being the remaining Ordinary Members.
(d) Associate Member, being spouse of Ordinary Members, and who are not themselves Ordinary Members and who shall be entitled to all the privileges of Ordinary Members except those of voting at General Meetings and of nominating other members, and who shall not be liable for any debt of the Club. Provided that Associate Members shall be eligible for election, co-option to the General Committee, in which case they shall be entitled to vote at General Meetings and such Associate Members shall be liable for any debts of the Club in like manner to Ordinary Members.
(i) Junior Members, who shall be between the ages of 14 and 20 years inclusive, whose parents are Ordinary Members of the Club, and who shall be entitled to all the privileges of Ordinary Membership except those of voting at General Meetings and of nominating members, but who shall not be liable for any debts of the Club.
(ii) All Club accounts of such Junior Members shall be debited to their parent’s accounts.
(f) Temporary Members, who shall be persons who are not ordinarily resident within a radius of 20 miles of Kota Kinabalu or in Tuaran.
(i) No persons shall be Temporary Member for any period or periods exceeding in the aggregate three months in any twelve consecutive months.
(ii) A Temporary Member shall not have the power of voting at a General Meeting or of nominating other members.
(iii) The Proposer and the Seconder of a Temporary Member shall be held responsible for the account of such Temporary Member and the observance by him of the Rules and By-Laws of the Club.
(iv) The term “Temporary Member” applies to individuals only. Spouses of Temporary Members shall not be eligible to use the Club unless they also join as Temporary Members. Children of Temporary Members who wish to use of the Club, shall if between the ages of 14 and 20 inclusive, become Temporary Junior Members, paying the usual Junior Membership fee and obeying the Rules for Junior Membership.
(g) Temporary Executive Members who are visiting Sabah on contract, are employed, or are doing business in Sabah and Federal Territory Labuan.
(i) This is category of membership shall be renewable yearly for a maximum period of two (2) years only.
(ii) That the entrance fee of RM1,000.00 per annum plus the Security Deposit shall be payable.
(iii) That the usual subscription fees applicable to Ordinary Members shall apply.
(iv) That a Temporary Executive Member shall not have the power of voting at a General Meeting or any meeting of the Club or of nominating other members.
(iv The Proposer and the Seconder of a Temporary Executive Member shall be held responsible for the account of such Temporary Executive Member and the observance by him of the Rules and By-Laws of the Club.
(vi) The term “Temporary Executive Member” applies to individuals and their spouses only. Children of Temporary Executive Member who wish to use the Club, shall if between the ages of 14 and 20 inclusive, become Temporary Junior Members, paying the usual Junior Membership fee and obeying the Rules for Junior Membership.
(vii) That this category of membership is not transferable.
(Rule 1 (1) (g) amendment approved by ROS on 26/01/1996)
(h) Membership For Members’ Children
(i) Members whose children have attained the age of 18 years can apply for Ordinary Membership to the Club subject to the usual membership rules applicable to Ordinary Members and to the following terms.
(ii) Members whose children can so qualify must have been members of the Club for at least three (3) years before their children can apply.
(iii) Only children still under age of twenty-five (25) can apply.
(iv) The membership entrance fee for this membership category shall be RM1,000.00 plus the Security Deposit.
(v) That this category of membership shall not be transferable for a period of ten (10) years from the date of membership.
(i) Recreation Members shall be persons approved by the General Committee and who belong to an association, body corporate or other organization, whose members wish to become a Recreation Members of the Club.
- Application of this category shall be made by the association, body corporate or other organization using the prescribed form available and submitted to the Honorary Secretary of the Kinabalu Yacht Club enclosing the prescribed fees which shall be as follows:-
Per Person Per year RM60.00 (non refundable) paid in advance.
Security Deposit Nil
PROVIDED THAT Recreation members-
(i) Shall only be allowed to use all facilities at those premises as stipulated by the General Committee.
(ii) Shall have no voting rights at a General meeting or any other meeting of the Club or of nominating other members and are not eligible to sit in any Committee and/or Sub-Committees.
(iii) Shall not be entitled to enter and use any of the facilities of the Club House situated at Tanjung Aru, Kota Kinabalu.
(iv) Shall not be entitled to any reciprocal benefits with other clubs.
(v) Shall abide by all Rules and By-Laws of the Club, which shall apply ‘mutates mutandis’ to the recreation member, including the right by the General Committee to suspend or expel the member.
This category of membership is not transferable
(Rule 7 (1) (i) amendment approved by ROS on 03/07/2000)
(Ref : PPM.SB.1012/66 & PPP.SB.128/52(20)
 Election of Members
(a) Honorary Life Members shall only be elected by the vote of majority of members at a General Meeting at which such election has been proposed by a Flag Officer and supported by two other members having the right to vote at such meeting.
(b) Honorary Members and Associate Members shall not require nomination or election.
(c) Ordinary Members may, if proposed and seconded by an Honorary Life Member or an Ordinary Member, be elected by a majority of the members of the General Committee present at any meeting thereof.
Provided that no person shall be elected as a Resident Member unless at the date of such Meeting:
(i) he is the owner or joint owner of a boat, which the General Committee is prepared to accept for registration to a boat at any one time:
(ii) the number of Resident Members who are registered as the owners of boats exceeds the number of such Members who are not so registered.
(d) Junior Members may, if proposed by a parent and seconded by an Honorary Life Member or Ordinary Member, be elected by a majority of the members of the General Committee present at any Meeting thereof.
(e) A Temporary Member shall not require election but shall become such on the date upon which his application form duly proposed and seconded by an Honorary Life Member or an Ordinary Member, is received by the Hon. Secretary.
(f) A Temporary Executive Member shall require election. Such election shall be by a majority of the members of the General Committee present at any meeting thereof.
(g) Members’ children under the age of twenty-five (25) years who apply for full Ordinary Membership under Clause 7 (1) (h) of the Club Rules shall require election. Such election shall be by a majority of the General Committee present at any meeting thereof.
 The children, under the age of 14, of members shall subject to any By-Laws or direction of the General Committee have the use of facilities of the Club.
 Upon payment of a fee of RM50.00 an Ordinary member may be placed on the Absent List for Life, but such a member shall not be counted for the purpose of paragraph (2) (c) of this rule.
 Membership is transferable subject to the approval of the General Committee and the payment of the transfer fee of RM1000.00. That in the case of a deceased spouse the other spouse surviving he or she will be potential heir to the membership and no transfer fee shall be imposed for this. But in the case of a transfer to another person or the other immediate family members, the transfer fee will be imposed.
8. RECIPROCAL MEMBERSHIP AND GUESTS
Provided that a person who has been resident in Kota Kinabalu for more than 3 months not be introduced as a guest more than once in any calendar month.
9. ENTRY BY PERSONS OTHER THAN MEMBER OR GUESTS
A Member may introduce to the Club premises, excluding the Club House:
The Member concerned shall be responsible for the behaviour of persons introduced under this rule, and shall be liable for claims by or against such persons arising out of their use of the Club premises.
10. ELECTION OF OFFICERS
11. GENERAL COMMITTEE
12. ELECTION OF GENERAL COMMITTEE
13. VACANCY IN GENERAL COMMITTEE
The posts of Elected Members and Officers remaining on the General Committee shall remain unchanged.
14. THE HONORARY SECRETARY
15. THE HONORARY TREASURER
16. DUTIES OF THE GENERAL COMMITTEE
17. FINANCIAL YEAR
18. ANNUAL GENERAL MEETING
(a) To pass the Minutes of the previous Annual General Meeting and any subsequent Extra-Ordinary General Meeting.
(b) To consider any matters arising out of such minutes.
(c) To hear the Commodore’s report.
(d) To consider, accept and approve the audited accounts of the previous financial year.
(Rule 18 (iii) (d) amendment approved by ROS on 25/05/2006)
(Ref : PPP/SBH.000128/52(40) & (PPM.SBH. 001012/66)
(e) To elect the Officers of the Club, and the other members of the General Committee for the ensuing year. Any two Honorary Life or Ordinary Members may nominate other Honorary Life, Ordinary or Associate Members of the Club (having first obtained their written consent) to serve on the General Committee. Such nominations shall be made to the Honorary Secretary at least 48 hours before the General Meeting.
Voting shall be conducted such that a nominee who fails to be elected as an officer of the Club may stand for a General Committee post if he has been so nominated.Provided that if no nomination for a post on the General Committee has been received 48 hours before the meeting, nominations may be made at the meeting.
(f) To elect the Auditor of the Club for the ensuing year. Provided that if, at the date of the Meeting, no Auditor has signified his willingness to act, the Meeting may authorise the General Committee to appoint such an Auditor at a later date.
(g) To vote on any motion of which notice has been given to the Honorary Secretary not less than 14 days before the date of the Meeting and which has been circularised by him to all the members entitled to vote at the Meeting not less than 7 days before such date.
(h) To discuss any other business: -
Provided that no motion shall be made or vote taken under this item.
19. EXTRA-ORDINARY GENERAL MEETING
20. PROCEDURE AT ANNUAL GENERAL MEETINGS
At the Annual General Meeting and at any Extra-ordinary General Meeting, the procedure shall be as follows: -
(Rule 20 (g) amendment approved by ROS on 18/08/1998)
(Ref : PPM.SB.1012/66(56) & PPP.SB.128/52)
22. BORROWING POWERS
23. RESIGNATION OF MEMBERS
Membership Entrance Fee Subscription Resident RM5,000.00 RM40.00 per month Outstation RM5,000.00 RM100.00 per annum Honorary Member Nil Nil Associate Member Nil Nil Temporary Nil RM25.00 per week Junior Nil RM2.00 per month Ordinary Member on Single payment of Absent List for Life Nil RM50.00 Security Deposit Nil RM100.00
(Rule 24 (a) amendment approved by ROS on 8/08/1998 & 30/07/1999)
(Ref : PPM.SB.1012/66(56) & PPP.SB.128/52) & (PPM.SB.1012/66 & PPP.SB.128/52 Jld. III (3)
- Each application for membership shall pay, on application, the Entrance Fee and Security Deposit.
- Subscription, if paid by Bankers’ Order, are payable monthly in advance.
- Subscription may be paid by cheque or cash, in which case they shall be paid monthly in advance, any over subscription being refunded on resignation from the Club or on transfer to the outstanding debts owed to the Club.
- All other accounts shall be paid in full not later than the last day of the month following that in which indebtedness is incurred.
(c) The Security Deposit, where applicable, is refundable on resignation from the Club after full settlement of all outstanding debts owed to the Club.
25. GENERAL RULES
(a) The sailing rules enforced shall be those of the International Sailing Federation and the rules and provisions prescribed by the Malaysian Yachting Association except where varied by local racing rules.
(b) Every member shall notify the Honorary Secretary and the Berthing Master of the particulars of any boat, which is parked or to be parked in the Club grounds, which he or she may purchase, hire or sale together with such other information the Honorary Secretary or the Berthing Master may require.
(c) If in the sole opinion of the Berthing Master any boat and/or equipment, including the trailer or trolley, berthed at the Club is not maintained in a seaworthy or operating condition, or has been abandoned or has not been sailed in the proceeding 60 days, a notice in writing shall be served on the registered owner(s) of such boat by registered mail, requiring them/him/her within 15 days of the date of despatch of the notice, to do all acts or things as shall be stipulated by the berthing Master in the said notice.
If any boat owner(s) fails to comply with the requirements of the Berthing Master’s notice above within the 15 days stipulated, a final notification shall be sent by registered mail notifying the member(s) that upon the expiry of such final notice, the General Committee shall exercise its powers as provided in the constitution.
If the situation remains unchanged 15 days after the date of despatch of the final notice, the boat shall be declared a “Dead Boat” and the General Committee shall be at liberty to enforced any one or more of the following: -
(i) remove such boat to (any one of) the registered owner(s)’s residence at the owner(s)’s expense, or
(ii) dispose the boat tender, auction or by whatever means and the proceeds, after defraying the costs of disposal, shall be credited to the owner(s)’s account, or
(iii) destroy such boat at the owner(s)’s expense, or
(iv) take any other action the General Committee deems fit,
The General Committee may enforce this provision jointly and severally against the registered co-owners of the boat concerned and shall not be held liable therefore.
(d) Any person ceasing to be a member of the Club shall, within 15 days of the cessation of membership, forthwith remove the boat-and all equipment/trolley from the Club premises irrespective of whether co-owner(s) of the boat concerned are still members. Upon the expiry of the 15 days above, the General Committee shall be entitled to enforce any of the powers contained in clause 25 (c) as if such boat were a “Dead Boat”.
(e) All boats or other equipment berthed or kept at the Club and its use by the members concerned or their quests, invitees or by other members are at the owner(s)’s own risk.
(Rule 25 amendment approved by ROS on 30/07/1999)
(Ref : PPM.SB.1012/66 & PPP.SB.128/52 Jld.III (3)
26. MEMBER’S ACCOUNTS
27. AMENDMENTS TO THE RULES
28. The Club shall not be affiliated to any other Club outside Malaysia.
All Sub-Committees are authorised to incur expenditure up to RM100.00 per organised event or capital item without reference to the General Committee. The Minutes of all meetings shall be sent to the Commodore, Honorary Secretary and Honorary Treasurer.
2. BOAT PARK
(i) Subject to availability, berthing space will be allocated to members owning boats duly registered with the Berthing Master. Such allocation shall be made by the Berthing Master.
(ii) Berthing space may be shifted or withdrawn at the discretion of the General Committee acting through the Berthing Master.
(iii) Children under the age of 14 years shall neither play nor loiter in the Boat Park.
(iv) No member shall be allocated more than one berthing space without the approval of the General Committee.
(v) Berthing space shall be deemed withdrawn upon a boat being declared a dead boat under By-Law No. 11 (c). In respect these By-Laws shall be read subject to the Constitution of the Club.
(vi) Berthing charges shall be charged for berthing space allocated at the rates specified below with effect from 01st June 1999.
BERTHING RATES:-POWER BOATS FEE CHARGES
Boats below 24 feet in overall length RM 80.00 per month Boats 24 feet and above in overall length RM 120.00 per monthROWING BOATS FEE CHARGES
Canoes / Kayaks RM 2.00 per month Others RM 20.00 per mont
SAILING BOATS FEE CHARGES
Surf Boards RM 2.00 per month Mono Hulls on racks RM 5.00 per month Mono Hulls on trailers RM 20.00 per month Multi Hulls RM 40.00 per month
(vii) Boats with an overall length in excess of 30 feet (including the length of the trailer / trolley extending beyond the boat length) shall not be permitted to be berthed at the Club except with the written approval of the General Committee.
(viii) The imposition of berthing charges shall not be construed as granting to the member concerned any rights to the land of the Club whatsoever save for a contractual licence terminable by the Club will.
(ix) Where boats are co-owned, each member shall be jointly and severally liable to settle the berthing charges and until settled the total sum due shall be debited in full against each of the co-owning member’s account.
(x) The berthing charges may be varied from time to time by the General Committee. However, any increase in such charges shall not take effect until at least 12 months has elapsed from time to time the members are notified of new charges.
(xi) Berthing space is allocated to members only and not to boats and berthing space may, at the discretion of the Berthing Master, be withdrawn for a boat whose whole or part ownership is beingand has been transferred.
(Changes To And Additions To By-Laws (2) - Boat Park - Dated 30th April 1999)
3. BOAT BOYS
The Committee will attempt to provide boat boys to assist in the launching and recovery of boats on Sundays and Public Holidays.
4. OPEN RACES
All competitors shall be required to sign conditions of entry, which shall be provided by the appropriate Committee.
5. POWER BOATS RACES
Entrants for race meetings organised by the Power Boat Committee need not be members of the Club. Entrance Fees will be advertised. All competitors in any race meeting organised by the Power Boat Committee must sign conditions of entry relieving the Club of any liability to any person or property arising out of the meeting.
No detachable engine tanks or other containers holding any gasoline may be stored in the engine shed. The Club boys have instructions to place any such tanks or containers outside the shed at the owner’s risk.
All complaints shall be made in writing and addressed to the Honorary Secretary.
Within the Club House and grounds the playing or operation of musical instruments, radios, tape recorders, record players, gramophones and all forms of sound producing equipment is expressly prohibited except with prior permission of the Committee.
9. NO CHILDREN ALLOWED IN UPSTAIRS GAYA BAR
Children under the age of 18 years is strictly not allowed to enter the Upstairs Gaya Bar unless sanction by the General Committee for Official Functions.
(As per GC Meeting held on the 15th January 2009 and “Amendment as per Notice dated 16th January 2009 ref : KYC/Adm-Rules/Notice-006/09” – passed and effective on the 16th January 2009.
10. REINSTATEMENT OF MEMBERSHIP
Any member whose membership has been terminated by the Club due to default in the payment of subscription or dues to the Club may be reinstated at the discretion of the Club General Committee.
In cases where the General Committee has exercised its discretion to reinstate any member’s membership, then the sum of RM1,000.00 being reinstatement fee shall be paid by the member concerned to the Club within 14 days of being notified by the General Committee of its decision to reinstate his/her membership. Such notifications may be given by letter to be sent by registered mail to the member at his last-known address.
B. SEARCH AND RESCUE
11. BOAT REGISTER
- The Berthing Master shall keep a register of all boats owned by members of the Club, and such boats shall be kept in Kota Kinabalu whether or not they are normally kept on the Club’s premises.
- The Committee has the right to accept or reject applications for registration.
- The committee may delete boats from the Register, which in their opinion are not maintained in a seaworthy condition.
- Children under the age of 14 years shall neither play nor loiter in the boat parks.
12. NAMING OF BOATS AND TROLLEYS
- The registered names (or numbers) of all boats shall be painted or otherwise made clearly visible on THE BOAT AND THE TROLLEY in the to order facilitate identification for rescue purposes.
- A berth will not be allocated or may be withdrawn if sub-section (a) above has not been complied with.
(Changes To And Additions To By-Laws (2) - Naming Of Boats And Trolleys) (Dated 30th April 1999)
13. RESPONSIBILITY OF MEMBERS
With the object of facilitating rescue if required, the owner or helmsman of any boat registered with the Club and berthed at Tanjung Aru shall, before proceeding on any cruise, notify his destination and the estimated time of return to his habitual berth at the Club on the notice board provided for the purpose. The time of return should be estimated as the latest time he would except to be back at the Club.
14. RESPONSIBILITY OF DUTY OFFICERS
The Duty Officer is to ensure that all boats, sail and power boats that have gone cruising have returned to their berths by the times notified on the board provided for the purpose. If any boat or boats have not returned by the times notified, he shall put in hand such search and rescue operations and arrange for the use of such member’s boats as seem warranted by the situation.
C. SAILING COMMITTEE
The Sailing Committee shall consist of the Vice Commodore, a Secretary, who shall be called the Sailing Secretary, and one more other members. When the Sailing Committee meets to consider any particular race the Race Officer shall be an ex-officio member of the Committee.
The Sailing Committee shall organise yacht racing and all races and yachts racing therein shall be under the direction of the Sailing Committee.
The Sailing Committee shall compile a programme of Club Yachting events and the year, which shall be included in the Year Book for circulation to all members.
18. BOAT REGISTER
The Sailing Secretary should ensure that all yachts are registered in the Boat Register maintained by the Berthing Master.
- All yachts in commission should wear a Club burgee in the daytime; except when racing when the owner’s colours must be worn.
- The Commodore’s yacht may wear the Commodore’s wallow-tail burgee or racing flag.
D. POWER BOAT COMMITTEE
The Power Boat Committee shall consist of the Rear Commodore, a Secretary, who shall be known as the Power Boat Secretary, and one or more other members.
The Power Boat Committee shall further the objects set out in Rule 3b of the Club. The Committee shall have the power to invite the assistance of non-members of the Club in any activities approved by the General Committee.
22. BOAT REGISTER
The Power Boat Secretary should ensure that all powerboats are registered in the Boat Register maintained by the Berthing Master.
E. HOUSE COMMITTEE
The House Committee shall consist of the House Member, a Secretary, who shall be called the Social Secretary, the Bar Member (Ex-officio) and one more other members.
- The House Committee shall make arrangements for all the social activities of the Club including the Annual Dinner and Interport events.
- The House Committee shall be responsible to the General Committee for the Management of the Club House, library, gymnasium and kitchen.
25. BAR / KITCHEN DEPOSIT
All New Ordinary Members / Membership for Members’ Children / Temporary Executive Members Membership applicant (New or Transfer cases) shall deposit with the Club a Bar / Kitchen Deposit of RM400.00 only (apart from the Security Deposit of RM100.00 – Rule 24) upon application to join the Club. The Bar / Kitchen Deposit of RM400.00 only, where applicable, is refundable on resignation from the Club after full statement of all outstanding debts owed to the Club.
“As per General Committee Meeting held on the 17th June 2010 and “New Addition to Club By-Laws as per Notice dated 21st June 2010 ref : KYC/ADM-Rules/Notice-105/10” – passed and effective on the 21st June 2010.