Statutes – Banda Filarmónica do Caniço e Eiras

Current statutes approved by the General Assembly in the year 2003

Chapter I – Name, Headquarters, Objective and Duration.

Article 1st
Today, an association is formed with the name “Banda Filarmónica do Caniço Eiras”, which will be part of Eiras band, founded on September 9, two thousand and two.

Article 2nd
The Association shall have its headquarters in the Parish of the Eiras, at Rua da Abegoaria number sixty-eight, parish of Caniço, Municipality of Santa Cruz, and the General Assembly may change it, or create delegations in any place within the territory of the Region Autonomous of Madeira.

Article 3rd
The purpose of the Association is to:
a) Instruct your members in musical art;
b) Present yourself worthily in public, giving concerts, brightening camp, charity parties, holiday dates and others.
c Promote cultural and recreational programs for members and their families.
d) To support the implementing members, if necessary, and to the extent of their possibilities.
e) Cooperate and articulate its activity with that of regional, national and international associations.

Article 4th
The Association is not for profit.

Article 5th
The Association will last indefinitely.

Chapter II – Of the members of the Association.

Article 6th
1. Individuals and legal entities that affirm their adhesion to the statute of the Association may be members.
2. The Association shall not accept as members trade union, partisan or religious organizations.

Article 7th
1. The Association shall be composed of the following categories of members:
a) Performers.
b) Effective.
c) Protectors
d) Beneméritos
e) Fees.
2. Performing Members are those who take an active part in the functions of the Association, showing artistic class of relief so that they are considered musicians.
3. Effective members are those who begin their musical learning, as well as those who, manifesting a true interest in art and culture, musical, join the association by paying the respective jewelry and monthly fee.
4. Protecting members are those who regularly assist the Association in its progress and improvement.
5. Members who are worthy of honor are all individuals who, even if occasionally, give to the Association any benefit of recognized importance, and which the General Assembly so considers.
6. Honorary members are those who, taking a prominent place in the social, political or religious life of the Autonomous Region of Madeira, have developed joint work of valuable merit for society and contributing with it to the aggrandizement and artistic projection of the Association, and that, as such, will be considered by the General Assembly.

Article 8th
The Protecting, Honorable and Honorary members may attend the General Assembly meetings, without the right to vote, and may not also elect and be elected to the governing bodies.

Article 9th
1. The admission of the members is the responsibility of the Board, at the request of the interested parties.
2. The members will be admitted by means of the payment of a jewel to be set by the General Assembly.
3. The decision of the Board that approves or not the admission of a member may appeal to the first General Assembly that takes place after the knowledge of the resolution.

Article 10th
The members of the Association shall have the following rights:
a) Participate in the General Assembly and electoral events;
b) Elect and be elected to the governing bodies;
c) To enjoy the facilities and services of the Association;
d) Participate in the associative activities;
e) Recourse to the resolutions of the Board of Directors for the General Assembly;
f) To enjoy all other prerogatives conferred upon them by law, by the statutes or by laws.

Article 11st
The members of the Association are bound to:
a) Pay the established quotas and other contributions determined by the General Assembly;
b) To exercise the social positions for which they have been appointed;
c) To abide by the statutory precepts and the regulations of the Association, as well as the deliberations of its organs;
d) Participate in the functioning of the Association, contributing to the achievement of its purposes;
e) To fulfill all other obligations that they may have under the law, these statutes, or the internal regulations.

Article 12nd
1. Members who fail to comply with any of the duties set forth in the preceding article may be excluded from the Association.
2. The delay in the payment of the quotas and other contributions determined for a period of more than three months constitutes serious fault that will determine the immediate exclusion of the member.
3. The exclusion of the members is the responsibility of the Board, but the resolution of this can be appealed, with suspensive effect, for the first General Assembly to be held.

Chapter III – Organization and operation

Section I – General provisions

Article 13rd
The Association’s governing bodies are:
a) The General Assembly;
b) The Direction;
c) The Fiscal Council.

Article 14th
1. The members of the corporate bodies are elected by the General Assembly for periods of three years between the performing and effective members, and re-election is permitted.
2. In addition to the actual holders referred to in articles seventeenth, twentieth and twenty-sixth, the General Assembly may elect alternate members, with a maximum number of one and two, respectively, for the Board of the General Assembly, the Board of Directors and the Fiscal Council.
3. Alternate holders shall take up their duties as soon as the resignation of the beneficial owners has taken effect, and their mandate ceases at the end of their term of office.

Section II – General Assembly

Article 15th
The General Assembly shall be constituted by all members in full enjoyment of their rights.

Article 16th
The General Assembly shall be responsible for all resolutions not included in the legal or statutory attributions of the Board and the Fiscal Council and, in particular,
a) To elect and dismiss the members of the corporate bodies;
b) Approve the annual program and budget;
c) To approve the report, balance sheet and accounts of the Board;
d) Change the statutes;
e) Dissolve the Association and appoint liquidators, establishing the destination of the assets and procedures to be taken, in accordance with the legislation in force;
f) To authorize the Association to sue the members of the corporate bodies for acts committed in the exercise of their duties;
g) To fix the amount of the quotas and the additional contributions of the members on proposal of the Direction.

Article 17th
The Officers of the General Assembly shall consist of a President, a Vice-President and a Secretary.

Article 18th
1. The General Assembly shall meet in ordinary session:
a) By 31 December each year for the approval of the program of activities, the budget and the contributions for the following year;
b) Until March 31 of each year for approval of the report, balance sheet and accounts of the Board and opinion of the Audit Committee for the previous year.
2. The General Assembly shall meet in extraordinary session whenever the Chairman of the Board convenes, on his own initiative or at the request of the Board, the Fiscal Council or a group of members in full enjoyment of their rights, not less than the fifth of their totality .

Article 19th
1. The General Assembly shall be convened by means of a postal notice, sent to each of the members with a minimum notice of eight days, indicating in such notice the day, time and place of the meeting and the respective agenda, and also by a call published in one of the Daily Newspapers of the locality, at least fifteen days in advance, indicating also the day, time and place of the meeting and the respective agenda, and also be affixed in place appropriate at headquarters.
2. If the Chairman of the Board does not call the Meeting, in cases to do so, any holder of the corporate bodies is entitled to call.
3. The appearance of all the members sanctions any irregularity of the call, provided none of them opposes the realization.

Article 20th
1. On first call, the General Assembly can not function without the presence of at least the number of members representing half of its members.
2. On second call, the Assembly may operate and validly deliberate with any number of members, half an hour after the one established for the first call, provided that such possibility appears in the notice of call.
3. It is lawful for any member to be represented by another member, by letter received by mail or delivered to the Chairman of the Bureau personally by the associate himself, in which the representative is duly mentioned, the day, time and place of the meeting and the order of the day.

Article 21st
1. Except as provided in the following paragraphs, the resolutions of the General Assembly shall be taken by absolute majority of votes of the members present or represented.
2. The deliberations on the amendments of the statutes need three quarters of the members’ votes present or represented.
3. The resolution on the dissolution of the General Assembly may only be taken at an Extraordinary General Assembly, specially convened for this purpose and must be approved by three-fourths of the votes of all members.
4. In the case of a tie vote, the Chairman of the Board shall have a casting vote.

Section II – Directorate

Article 22nd
1. The Board consists of a minimum of five and a maximum of seven members of which one will be the President.
2. The Board shall present, in all its members, a majority of performing members.

Article 23rd
It is the responsibility of the Board to administer the Association and ensure the pursuit of its objectives, and in particular:
a) Represent her, in court or out of court;
b) Manage the Personnel, the assets of the Association and watch over their Accounting, being able to purchase motor vehicles;
c) Comply and implement the statutory provisions and resolutions of the General Assembly;
d) Draw up internal regulations, as well as the annual report, balance sheet and annual accounts;
e) Prepare and execute the annual program and budget of the Association;
f) Elaboration of the proposal of quotas and other contributions of the members of the Association;
g) Admit and exclude members under the terms of the articles of association;
h) To carry out the functions and to perform other acts that are determined to him, according to the law, the statutes or the internal regulations.

Article 24th
1. The Board shall meet at least once every quarter and shall be convened by the President and may only deliberate with the presence of a majority of its members.
2. Decisions shall be taken by a majority of the votes of the members present, and there shall be no abstention.
3. Each member of the Board shall have one vote, but the Chairman shall have the right to a qualified vote.
4. The Board may delegate by proxy powers to one or more of its members or any other persons and authorize the subdelegation of these powers, establishing in each case the respective limits and conditions.
5. Each member of the Board may be assigned roles corresponding to one or more services of the Association.

Article 25th
1. In order to compel the Association, the signatures of two members of the Board are required.
2. Acts of mere expediency and, in general, those that do not involve the responsibility of the Association, may be signed only by a member Directorate.

Section IV – Fiscal Council

Article 26th
The Fiscal Council is made up of a President and two Members.

Article 27th
It is incumbent upon the Fiscal Council, in general, to supervise the acts of the Direction or practiced by its mandate or delegation, and in particular:
a) Examine and verify the Association’s writing, the books of account, as well as the documents on which they are based;
b) Prepare opinions on the budget, report, balance sheet and accounts of the Board;
c) Attend Board meetings whenever deemed appropriate;
d) Give an opinion to the Board on any inquiries it may present to it;
e) To carry out the functions and to perform the acts determined to him, according to the law, of the statutes or internal regulations.

Article 28th
1. The Fiscal Council shall meet at least once every six months and whenever the Chairman summons it, and may only deliberate in the presence of all members.
2. Decisions shall be taken by majority vote of the members and there shall be no abstention.

Chapter IV – Of the assets of the Association.

Article 29th
They constitute income of the Association;
a) Members’ contributions;
b) The income of the assets or equity;
c) Any subsidies, donations and legacies of any origin and nature that may be attributed to him;
d) The glue of services provided by the Association, within the scope of its current activities;
e) The product of activities organized by the Association when they are eligible for revenue;
f) Any other income not prohibited by law.

Article 30th
The General Assembly approving the report, balance sheet and accounts of the Board shall decide on the proposal of the Directorate of the application to be given to the respective rescued, if any, and on the additional contributions to be paid by the members to cover possible losses.

Chapter V – General and transitional provisions

Article 31st
The Association may be federated in similar Associations, national or foreign.

Article 32nd
1. Within a maximum period of three months from the date of publication of these bylaws in the “Official Gazette of the RAM”, the current Board of Directors shall carry out general elections for the constitution of the corporate bodies defined in these statutes.
2. In all matters not specifically provided for in these statutes and in the law, the Internal Regulations to be submitted by the current Board of Directors to the General Assembly shall be valid within three months.

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