Statutes – Banda Distrital do Funchal

Current statutes approved by the General Assembly in the year 2012

Article 1
Designation and Objectives
1. The Philarmónica Artístico Madeirense, founded on September 9, 1872, in the city of Funchal, was renamed “Real Philarmónica Artístico Madeirense”, by Royal Charter of His Majesty King Carlos I, given in the needs on January 12, 1908, and by determination of the extinct General Board of the Autonomous District of Funchal, at its meeting on March 2, 1925, this association was granted the title of “Banda Distrital do Funchal”.
2. The Banda Distrital do Funchal, hereinafter referred to as BDF, is an association of cultural and recreational purposes whose objectives are:
a) Instruct your associates and remaining society in the musical art:
b) Present yourself worthily in public, giving concerts brightening camp, charity parties, festive dates and others:
c) Promote cultural and recreational programs for members and their families:
d) Cooperate and articulate its activity with that of regional, national and international associations.

Article 2
Character and Duration
The BDF is constituted non-profit, without any political or religious orientation and its duration is of indefinite duration.

Article 3
The BDF has its headquarters at Rua da Queimada de Cima nº 19, parish of Sé, municipality of Funchal. The General Assembly may change it, or create delegations in any place, within the territory of the Autonomous Region of Madeira, preferably in the municipality of Funchal.

Article 4
BDF revenues are as follows:
a) The membership feess of non-performing band members.
b) Eighteen percent of the total monetary value of the musical services provided by the Band.
c) The subsidies and contributions that are assigned to it.
d) Any other donations, inheritances or legacies.
The Association may, in order to raise funds for the achievement of its objectives, derive income from the income or exploitation of its own assets or from the facilities and revenues from activities carried out by it.

Article 5
BDF expenses are those which result from the exercise of its activities in compliance with the statutes, the general rules of procedure and any provisions imposed by law.

Article 6
1. All individuals interested in participating in the purposes proposed in article 1 above 18 years of age and that the law may allow may be members of the BDF.
2. Admission of the members is the responsibility of the Board, at the request of the interested parties, with a subsequent placement at the headquarters of the exposed band, for a week, within the association. If no member protests when this person joins the association, the board will elaborate the membership card.
3. If there is any kind of protest, regarding the admission of a certain associate, it is up to the President of the Board to investigate the reasons and present the final verdict.
4. Members shall enjoy the full enjoyment of their rights upon approval of their admission to a Board / General Assembly meeting, upon payment of the first quota and delivery of the membership card.
5. The general rules of procedure shall specify the rights and obligations of members.
6. The Associates can have the following category: Executives, Effective, Beneficent and Honorary.
6.1. Performing associates are those who take an active part in the functions of the association, demonstrating artistic class of relief in order to be considered musicians.
6.2. Effective members are those who join the association manifesting a true interest in music art and culture.
6.3. Beneficial associates are all natural or legal persons who stand out for support to BDF.
6.4. Honorary members are national and international personalities and / or entities whose outstanding action is in accordance with BDF’s objectives.
7. The appointment of honorable members and honoraria is the responsibility of the General Assembly.
8. Honorable associates and honorary members may participate in the meetings of the General Assembly, without voting rights, and may not also elect and be elected to the governing bodies.
9. Members lose their rights if they do not comply with their duties, which are present in the general rules of procedure. This information will be evaluated by the BDF Board and transmitted to the member.
10. In case the Band member wants to give up being, he can do so by justifying the fact to the Board in writing, and delivering the membership card.

Article 7
1. BDF bodies, General Assembly, Board of Directors and Fiscal Council.
2. The term of office of the elected bodies is three years and is held in the General Assembly.

Article 8
General Assembly
1. The General Assembly is the meeting of all the members, in the full enjoyment of their rights, expressly called in accordance with the law and the General Internal Regulation of the Association. It is the space where members can express their opinion and decide through their vote.
2. The Board of the General Assembly is composed of three members, being a president, a secretary, and a member, and it is the duty of the General Assembly to direct the work of the General Assembly in accordance with the law and the General Rules of Procedure.
3. Functions of the General Assembly:
3.1. Electing and dismissing the corporate bodies:
3.2. To resolve on the amendment of the articles of association:
3.3. To discuss and approve the reports of accounts and the activities carried out in the previous year:
3.4. Approve suggestions on future policy and activities:
3.5. Deliberate on all matters not included in the attributions and legal or statutory powers attributed to other organs.
4. The convening notices of members of the General Assembly shall be held at least eight days in advance by e-mail and / or by an announcement in a local newspaper (newspaper). The call notice will also be posted within the association.
5. The General Assembly meets in ordinary session until January 31 of each year, for approval of the program of activities, the budget and the report of accounts of the Management and opinion of the Audit Board.
6. 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 (not less than nine) in full enjoyment of their rights.
7. The Assembly may not deliberate, on first call without the presence of half, of at least its associates.
8. The resolutions are taken by absolute majority of the members present.
9. If the Chairman of the Board does not call the Meeting, in cases in which he must do so, to any holder of the corporate bodies, it is unlawful to call.

Article 9
1. The Board is composed of five members, one being a president, one treasurer, one secretary and two members.
2. The Board and permanent management body of the Association and the orientation of its activity.
3. The functions of this body are:
3.1. Execute the deliberations of the General Assembly:
3.2. Organize and oversee the activity of the Association:
3.3. Hire an Artistic Director:
3.4. Draw up the plans of activities, reports and accounts to be submitted for the approval of the General Assembly.
3.5. Carry out the other functions provided for by law, these Statutes and the General Internal Regulation of the association
4. The Board shall meet at least once a quarter and shall be convened by the Chairman and may only deliberate with the presence of a majority of its members.
5. Resolutions shall be taken by a majority of the votes of the members present, and there shall be no abstention.
6. Each member of the Board shall have one vote, but the Chairman shall have the right to a qualified vote.
7. The Board may delegate, by proxy, powers to one or more of its members or to any other persons and authorize the subdelegation of those powers, establishing in each case, the respective limits and conditions.
8. The President is responsible for the conduct and compliance of a set of guidelines that allow the goals to be achieved. It is your duty to organize the routine work together with the secretary.
9. The Secretary has the duties to organize routine work with the President, to handle all correspondence, to send the convocations of all the meetings, to establish work orders together with the President, to make minutes, to make the minutes of the meetings to organize the band, make the appointments of the services and write the annual report. All these tasks are assisted by the President of the Board.
10. The Treasurer is responsible for the financial transactions of BDF by managing quotas, paying bills and musicians, examining expenses, giving information on the financial position of the organization and preparing the report and accounts to be presented to the Annual General Assembly.
11. The vowels of the Board have as responsibilities to support all other elements of the Board and give their opinion and vote in the decisions of this social body. One of the vowels will support to the maximum the secretary in the organization of the musical file of the band and the other vowel supported in the rest tasks.

Article 10
Supervisory board
1. The Fiscal Council is composed of three members, being a president, a secretary and a vowel.
2. This body is responsible for:
2.1. Give an opinion on the annual report and accounts of the Board:
2.2. To supervise the administration carried out by the Board of Directors of the Association .:
2.3. Assure all other powers attributed to it by the general law or resulting from the application of the Statutes or the Regulations:
3. The fiscal council shall meet at least once a year and whenever the Chairman convenes, and may only deliberate in the presence of all members.

Article 11
Who compels the Association
BDF is bound by the joint signatures of the President and the Secretary of the Board of Directors of the Association for banking purposes, and in other circumstances the signature of the Chairman of the Board shall suffice.

Article 12
1. The organization of the electoral process shall be the responsibility of the General Assembly, which shall:
a) Mark the date and place of the elections.
b) Summon the General Electoral Assembly at least eight days in advance.
c) Check which members are in a position to vote legally.
d) Check the legality of the applications.
e) Disclose competing lists.
f) Make voting lists.
2. The elections for the different social organs will be made in a single list.
3. The electoral table is constituted by the table of the General Assembly.
4. The competing lists must be delivered to the Chairman of the Board of the General Assembly until 7:00 pm the day before the electoral act.
5. The lists competing for the elections, after being accepted by the General Assembly table, shall be affixed by them at BDF’s premises and at the place of the elections.
6. Voting is personal and secret.
7. It is not allowed to vote by correspondence.
8. When the voting is finished, the votes will be immediately counted, the minutes will be drawn up and the results will be read and posted on the BDF’s premises in a conspicuous place.
9. The proclamation of definitive results will be carried out immediately following counting of votes.
10. The President of the table of the outgoing General Assembly shall confer the investiture of the elected officers within thirty days after the proclamation of the definitive results.

Article 13
The Association may be dissolved by resolution of the General Assembly convened for the purpose in accordance with the law and the General Internal Regulations, by means of a favorable vote of at least 90% of the members.

Article 14
Insofar as these statutes are omitted, the provisions of the Civil Code (articles 157 et seq.) And other legislation on associations supplemented by the General Internal Regulations, whose approval and amendment are the responsibility of the General Assembly, shall be in force.

Article 15
Amendment of the Articles of Association
The amendment of the Articles of Association may only be effected by resolution taken at the General Assembly with the favorable vote of 75% of the members present.

Article 16
Resignation and Impediment of Members of the Governing Bodies
1. Notwithstanding the following paragraphs, in case of impediment or dismissal of any member of the corporate bodies, whose request must be presented to the president of the respective corporate body, the respective president may invite another associate to take part in that body, as long as they remain in functions at least two-thirds of the members elected at the General Assembly.
2. If the President of the Board, the Treasurer, the President of the General Assembly or the Chairman of the Fiscal Council are prevented or dismissed, an Extraordinary General Assembly shall be convened for the interim election of the respective incumbent, whose functions shall be exercised until term of the initial mandate.
3. In the cases provided for in the preceding paragraph, it shall be incumbent upon the Chairman of the General Assembly, as the case may be, to convene the General Assembly or to appoint the members of the Board or Fiscal Council to replace the resigning members, book of minutes
4. The Chairman of the Board of the General Assembly may resign only before the General Assembly and shall be replaced by the Secretary and elected as a new member to the composition of the Bureau, whose functions shall be exercised until the end of the initial term of office.
5. In the event of collective resignation of the Board, its members shall remain in office until the new Board is in office, which shall take place within a maximum of sixty days.

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