The Tribune

By BRENT STUBBS

Senior Sports Reporter

bstubbs@tribunemedia.net

BAHAMAS Association of Athletic Associations secretary general Drumeco Archer said it was important to establish a non-profit company under the Companies Act in order to register the BAAA.

However, to establish a company under the act, Archer said they were required to submit two documents - the Articles of Association and the Memorandum of Association, which must be signed.

In the case of a non-profit company, Archer said a licence must be issued by the Attorney General. Under the company, the signatories were former BAAA president Mike Sands and Philippa Willie.

Archer, who is seeking to become the new president of the BAAA when the elections are held on Saturday, was responding to a story in The Tribune yesterday which revealed that the BAAA was incorporated as a company on April 10, 2014 and lodged with the Registrar Department on July 29, 2013.

“There is no legal requirement for a constitution from a private body like the BAAA to have its constitution recorded,” Archer said. “The constitution of a private body has nothing to do with the Registrar General Department of the Bahamas nor the Attorney General.”

Archer, however, said it is important to recognise the difference between a constitution and a company.

“The BAAA, which has been in existence for more than 66 years, has never recorded its constitution and has had successful elections transitioning from one administration to another,” he said.

Archer, who will be running against incumbent Rosamunde Carey for president, said the current executive body passed a resolution to “cancel this company and seek to record the constitution, which was already communicated to the members as well as the Attorney General.”

Although he will not be running for any position on Saturday, Sands said it was important for him to set the record straight.

“It was Mr Carl Oliver who claimed that he owns the BAAA in light of the fact that he had reserved the name of the BAAA in his own rights, which obviously caused a stir among the members at that time,” Sands pointed out.

“I then activated a process to ensure that the federation would not be owned by anyone individual, but instead to establish a non-profit company. It was never the intention to establish a constitution.”

Sands said they worked closely with the International Amateur Athletic Federation to improve the constitution, which was termed by the IAAF as a poorly written one. That resulted in the establishment of a constitutional reform committee, which included Oliver.

“The work of that committee was not completed because my term, as we all know, came to an end, which led to the present administration taking over the same work.

“I can repeat, at no time was it ever the intention to create a document or a constitution that would not have been to the benefit or knowledge of the members,” Sands disclosed.

“It was simply intention to establish a non-profit entity. At the end of the day, it is my signature on the document. It is very much unfortunate that Mr Archer is being brought into this in the manner in which he is brought in and people’s professional integrity.”

Sands said it’s unfortunate that there are other lengthy documents being circulated, but there are a lot of facts that they have to face.