Current Statutes Approved at the General Assembly in 2016
Chapter I – Denomination, Headquarters, Nature and Purposes
The Associação Recreativa de Nossa Senhora de Fátima do Arco de São Jorge is a non-profit cultural association and will last indefinitely.
The Associação Recreativa de Nossa Senhora de Fátima do Arco de São Jorge – hereinafter referred to as Association – is headquartered at Estrada Padre Elias Gonçalves Vieira, No. 8, or Sítio dos Poços, parish of Arco de São Jorge, Santana county, Autonomous of Madeira.
1. The purpose of the Association is the cultural and recreational promotion of the entire population, in general, and its members, in particular through teaching and dissemination and implementation of recreation and leisure activities.
2. For the pursuit of the objects mentioned in the previous point, the Association organizes its activities in two sections: Artistic Section – for the activities of teaching and dissemination of music – and Cultural and Recreation Section – for cultural, recreation and leisure activities.
Chapter II – Of the Associates
1. The members are divided into four categories: participant, taxpayers, benefactors and fees.
a) Participants are those who are part of the artistic staff of the Association and are exempt from payment of membership fees;
b) Contributors are those who meet the annual quota defined by the General Assembly;
c) Individuals or collective persons who contribute to values deemed relevant by the Management are associated with merit;
d) Honorary Associates are individuals or collective persons who have rendered services relevant to the Association;
2. The admission of the participating members is the responsibility of the Direction, after hearing the Artistic Director.
3. The admission of the contributing members is the responsibility of the Direction, at the request of the interested parties.
4. The attribution of the meritorious member or honorary member status and the competence of the Management, who can withdraw this quality when the behavior of the awardees so justifies.
Membership rights are:
1. Participate in the General Assemblys.
2. Elect or be elected to positions of the organs under the terms of these statutes.
3. Submit proposal deemed of interest to the association.
4. To complain to the governing bodies of what they consider to be harmful to their interests or the rights of the association.
5. Request the convening of the corporate bodies, in accordance with the present statutes.
6. To enjoy all the services or advantages of the Association.
7. Request the written exoneration of the positions they occupy in the governing bodies.
8. Other right(s) by the General Assembly.
The duties of the members are:
1. Comply with the provisions of these by-laws, internal regulations and corporate bodies, with recourse to the decisions of the Board of Directors or the Fiscal Council for the General Assembly.
2. To compete by all means within its reach for the development, valorization and dignification of the association.
3. Exercise the positions for which they are elected or appointed.
4. Pay your annual quota punctually.
5. Provide the governing bodies with the information and clarifications requested to them in order to better achieve the purposes of the Association.
6. Other duty(s) approved by the General Assembly.
Chapter III – Of the corporate bodies
The members of the General Association, the Management and the Fiscal Council, are appointed for three years.
1. The General Assembly is the maximum body of the Association and is constituted by all the major associates who are in full enjoyment of their associative rights.
2. The General Assembly is sovereign and before it answers the Direction, whose activity is subject to inspection by the Fiscal Council.
3. It is incumbent upon the General Assembly to determine the amount of the annual quota of contributing member, as well as to discuss and vote any and all matters of interest to the Association, always respecting the agenda of each session.
4. The Board of the General Assembly shall be composed of a President, a First Secretary and a Second Secretary.
5. It shall be incumbent upon the Chairman of the Bureau:
a) To convene the General Assembly;
b) To preside and direct the work of the General Assembly, always having the casting vote, in the case of votes whose result of the end is that of a tie;
c) Give possession to the elected social bodies, within thirty days after the election;
d) Sign and / or initiate the minutes of the meetings and all documents that require the approval of the meeting.
6. It is incumbent upon the First Secretary:
a) Replace the chairperson in your absence;
b) Organize the desk file;
c) Write and / or initiate the minutes of the meetings and all documents that require the approval of the meeting.
7. It is incumbent upon the Second Secretary:
a) To assist the First Secretary in his duties, replacing him in his impediments;
b) Read, sign and / or initiate the minutes and all documents that require the approval of the meeting.
8. The General Assembly shall be legally constituted and shall function when at least one-fourth of the members convened are present.
9. The General Assembly shall be convened by legally admissible forms, with at least eight consecutive days in advance of the date of the meeting. The call notice will also be posted, in a notice, at the association’s headquarters.
10. The General Assembly meets ordinarily twice a year: the first, in March or April, for discussion and voting on the report of accounts and the report of activities related to the exercise of the Direction of the previous economic year, and the second, in November or December, for discussion and voting of the proposed revenue budget, expenditure budget and activity plan submitted by the Management for the following fiscal year.
11. The General Assembly shall meet extraordinarily whenever called by the Chairman of the Board, at his request or at the request of the Management or the Supervisory Board. It shall also extraordinarily meet, when requested by the fourth part of the members in full enjoyment of their rights, in a duly dated written document with legible signatures. In this type of Assembly, only the matters that determine its convocation can be discussed.
12. The resolutions of the General Assembly, except for the provisions of the following article, shall be taken by a simple majority of votes of the members present.
13. The deliberations of the General Assembly on amendments to the articles of association or dissolution of the Association require the favorable vote of at least three-fourths of the number of members present.
14. The votes in the General Assembly are made by arm in the air, except when it is in question the choice of people to carry out any function, a situation that requires the vote by secret ballot.
1. The Board consists of five members: President, Vice President, Secretary, Treasurer and a Member.
2. Three alternates will be elected who will fill the vacancies of the Direction in the voted order. The President shall be replaced by the Vice-President, unless the place of the Vice-President.
3. The Board meets once a month and, extraordinarily, whenever necessary, competing for:
a) Represent the Association;
b) To ensure the development, valorization and dignity of the Association;
c) To execute the activities plan, the budgets and the deliberations of the General Assembly;
d) Submit the annual activity plan, budgets and annual management report to the General Assembly for discussion and approval;
e) To elaborate an internal regulation of operation and other norms of discipline of the services and associates;
f) Managing staff in the service of the association and its assets;
g) Administer the various services or sections of the association and carry out its day-to-day management;
h) To provide the public entities with the collaboration requested of them, as long as it does not conflict with the rights and interests of the Association;
i) To attribute the quality of meritorious associates and honoraria and decide on the acceptance of the participants and taxpayers;
j) Exercise any other powers conferred upon it by law or by decision of the General Assembly.
4. It is incumbent upon the Chairman of the Board:
a) Represent the Direction;
b) Convene ordinary and extraordinary meetings, direct the work and maintain discipline;
c) Exercise the other powers conferred upon it by the internal regulations or General Assembly.
5. The Chairman of the Board shall be replaced in his absence and impediment by the Vice-Chairman and, in the absence of both, by the Secretary, or by whom the Chairman delegates his representation.
6. The Treasurer replaces the Secretary in his absences or impediments.
7. It is the responsibility of the Secretary to draw up the minutes, to record the documentation of revenues and expenses, to carry out the current expedient and to carry out the other functions conferred upon it by the Management.
8. It is incumbent upon the Treasurer to pay, receive, collect dues, provide information to the other members of the Board about the monthly budget execution of the association and perform such other duties as may be assigned to it by the Board.
9. It is the responsibility of the Vowel to vote in the deliberations of the Direction, make suggestions or make proposals and carry out the functions entrusted to it by the Direction.
1. The Audit Committee is composed of a Chairman, a Vice-Chairman and a Rapporteur.
2. There will be elected two alternates who will fill the vacancies of the Fiscal Council in the order voted. The President shall be replaced by the Vice-President, unless the place of the Vice-President.
3. The Fiscal Council has the attributions contained in the legislation in force regarding the supervision of non-profit cultural and recreational associations, namely:
a) To examine the documents emanating from the Direction and to give opinion on its acts and reports;
b) To attend the meetings of the Direction, when it so wishes, as well as to ask for information on its acts;
c) Have a mandatory attendance at the meetings of the General Assembly.
Chapter IV – Artistic, cultural and recreational activities
1. Within the scope of artistic activity, the Association may carry out activities of an instrumental nature with respect to its non-profit making purposes, either by itself or in partnerships, and whose economic results contribute exclusively to the financing of the realization of those purposes, namely: concerts, promotion of musical performances, musical animation of ephemeris or religious, social and cultural events; exchanges; humanitarian actions and social solidarity.
2. The Association’s musical teaching and dissemination activities are developed within the Artistic Section, being implemented and operationalized through a song and a band.
3. The Artistic Section is composed of an Artistic Director, an Artistic Council and all apprentices and performers / musicians of the band.
4. The section of all activities of the Artistic Section are subject to a specific disciplinary regulation.
5. The Artistic Section is coordinated by the Artistic Director, who has seat by inherent in the meetings of the Direction, being able to be aided or not by an Artistic Subdirector.
6. It is incumbent upon the Artistic Director:
a) Attending Board meetings;
b) Artistically directing the philharmonic band, supervising all artistic-musical activities, constantly striving to continuously improve the quality of musical performance;
c) Regenerate the band whenever it is hired;
d) Supervise the running of the music school;
e) Appoint the heads of suits to the constitution of the Artistic Council, which will preside, defining their mode of operation;
f) Designate the instruments that the apprentices must perform and have a final decision on the position of each instrumentalist within the community;
g) Renew the repertoire and instrumental stock of the Artistic Section;
h) To issue opinions, transmitting them in a timely manner to the Directorate, after listening to the Artistic Council, on subjects related to the artistic activity of the community, namely: scheduling of rehearsals, scheduling of musical performances, choice of repertoire to be performed, recruitment of apprentices, process definition of musical training of the same and elaboration of the Annual Plan of Activities;
i) Alert the performers so that they always look for a good presentation, with respect to their hygiene, uniform and artistic-musical execution;
j) Treat apprentices and performers always smoothly and amiably;
k)To act disciplinarily, when necessary, during the tests and services, participating to the Management all irregularities verified.
7.The Artistic Council is composed by the Artistic Director and the heads of the band of the band that he nominates.
It is incumbent upon him:
a) To present to the Artistic Director suggestions on the regular schedule of the season of the Artistic Section;
b) Appreciate, in a meeting convened by the Artistic Director, the level of artistic / musical performance of each of the performers of the band;
c) Analyze and give opinions on the artistic activity, namely: calendar of musical rehearsals and performance, choice of repertoire, recruitment of apprentices, definition of the musical training process and elaboration of the Annual Activity Plan;
d) Collaborate with the Artistic Director and Direction in the definition of the evaluation criteria of the performers;
e) Supervise departure for services and return.
1. The activities of culture, recreation and leisure of the Association are developed within the scope of the Cultural and Recreation section.
2. It is the responsibility of the Direction to coordinate these activities, which will form an integral part of the Association’s Annual Activity Plan, being the subject of a specific program.
3. Among the activities to be implemented within the scope of the Cultural and Recreational Section, mention should be made of knowledge, valorization and defense of the natural and historical-cultural heritage of the Autonomous Region of Madeira, visits to museums, concerts, exhibitions, events , ephemeris celebrations, walking tours, traditional games, “Music Tour”, Christmas Dinner and Christmas and New Year activities.
Chapter V – The Electoral Process
1. The participating members, taxpayers and benefactors, of greater and in full enjoyment of their rights, are eligible for any organs of social bodies.
2. It is the responsibility of the General Assembly to prepare and approve the Electoral Regulation of the Association, which shall contain all the matters it deems necessary for the normal functioning of a free and democratic electoral process.
3. The Electoral Regulation referred to in the preceding paragraph shall be discussed and approved until thirty days before the term of validity of the term of office of the governing bodies;
4. If no candidate list is presented to the governing bodies, it is the responsibility of the General Assembly to decide on the day-to-day management of the association, according to which, in these cases, the general law in force is established.
Chapter VI – The loss of mandate
1. They are causes of loss of mandate of the social bodies of the association:
a) The loss of associate quality;
b) The practice of acts prejudicial to the interests of the association, legally and unequivocally proven;
c) The interdiction or disqualification by judgment with finality;
d) The final sentence of an effective prison term of one year or more.
2. The requests for exemption of the members of the governing bodies do not cease the responsibility of the acts practiced up to the date of the request for exemption, being subject to the current legislation.
Chapter VII – Penalties and Discipline
1. Violations of the rules established in these Bylaws and in the internal regulations, as well as the deliberations of the General Assembly, give rise to the application of the following penalties:
a) Verbal warning;
b) Warning registered;
c) Traffic ticket;
2. The application of the penalties referred to in the previous number is the responsibility of the Direction and is made according to the following parameters:
a) The verbal warning applies as a result of an unacceptable infraction or attitude and has an educational and non-punitive character;
b) The application of the registered warning applies in case of repeated infringement or the attitude that gave rise to the verbal warning. It may also be applied in the context of another infraction or similar pregnancy.
c) The fine is a pecuniary sanction whose amount is defined by the Management and applies to the participating partners, whenever they violate one or more rules of the disciplinary regulation in force for the activities of the Artistic Section.
d) Suspension is a punitive modality that applies in the wake of repeated offenses or attitudes already punished with warning. It also applies in serious situations of disrespect and offense to members of the governing bodies or in cases of serious behavior that threatens the good name and dignity of the Association.
e) The suspension always applies in cases of recidivism of attitudes and behaviors of disrespect and offense to members of the governing bodies or in violation of the good name and dignity of the Association.
Chapter VIII – Dissolution
The voluntary dissolution of the Association may only be decided at a General Assembly specifically convened for this purpose, and must be approved by a majority of at least three-fourths of the members present.
Chapter XIX – Miscellaneous provisions
1. In order to compel the Association, the joint signatures of two members of the Board are necessary, and one of these two signatures should always be that of the President.
2. In financial transactions, the joint signatures of the President and Treasurer are mandatory.
3. The Association’s revenues are:
a) Membership fees;
b) Appropriations and subsidies from the State, Regional Government and other official public bodies;
c) Amounts received under agreements entered into with public or private entities;
d) Income from own assets or services;
e) Interest on capitalized funds;
f) Donations, bequests and inheritances and their income;
g) Donations and products of parties, fundraising initiatives for the purpose of the Association;
h) Other income.
4. The present statutes can only be changed at a General Assembly specifically called for this purpose and the changes take effect only after compliance with the legal provisions.
5. The omissions shall be resolved by the General Assembly, in accordance with the provisions of the Civil Code and other legislation in force for non-profit cultural associations.