Statutes – Banda Municipal de Machico

Current statutes approved by the General Assembly in the year 2006

Chapter I – Nature and purposes

Section I – Characterization

Article 1
Nature of headquarters
a) The “Banda Municipal de Machico Association”, hereinafter referred to as Association, is a legal person, with an associative basis, constituted for an indefinite period, being governed by the present Statutes and the applicable provisions.
b) The Association is headquartered at Casa da Música, Rua Nova da Graça no. 1, 9200-077 Machico, parish and municipality of Machico, Autonomous Region of Madeira.

Article 2
The purpose of the Association is to promote musical auditions in the cultural field of music.

Section II

Article 3
a) The “Banda Municipal de Machico” Association, its main purpose is to promote the musical art, involving the populations and their responsible, for initiatives of solidarity cooperation in the field of culture, sport and recreation.
b) For the accomplishment of its purposes, the “Banda Municipal de Machico” must promote socio – cultural animation actions, either in collaboration with other public or private entities, namely in the instruction of musical art, in the conviviality, in the occupation of leisure, in defense of heritage and others.
c) It is also incumbent upon the “Banda Municipal de Machico” to participate in the planning of socio-economic actions.
d) For the pursuit of the objectives referred to in number two and three can the “Banda Municipal de Machico Association”, create sections of specific activities.

Chapter II – Assossiates

Section I – General Provisions

Article 4
a) Individuals over the age of eighteen may be enrolled as associates in full enjoyment of their duly registered citizenship rights or, in the case of minors, with the consent of the applicant’s parents or guardians.
b) The admission or readmission of associates or partners depends on the request of the interested parties and the decision of the Management, which in the case of rejection can appeal to the General Assembly.
c) The cancellation of the registration is done at the request of the interested party in writing and signed by the same.

Article 5
Associate categories
a) There are four categories of members:
1º. Effective Performing Associate: any and all active element as instrumental performer in any grouping of the “Municipal Band of Machico Association”;
2º. Effective non-performing associate: legal or natural persons who do not belong to any group of the Association, and who have not annulled their registration or individuals who request such registration and who are under the conditions set forth in article 4, paragraph 1;
3º. Honorary associate: individuals who, having rendered appreciable services to the “Municipal Band of Machico”, are distinguished by the General Assembly;
4º. Honorable Associate: Individuals who voluntarily contribute gifts or donations of various kinds and who are recognized by the General Assembly as deserving of this distinction.
b) Effective non-performing associates are obliged to contribute a monthly or annual quota, under the conditions presented by the Direction of the “Banda Municipal de Machico Association”

Section II – Rights and Duties

Article 6
Rights of associates
a) Each member of the “Banda Municipal de Machico Association” enjoys the following rights:
1º. Participate in the General Assemblys;
2º. To request the convening of the General Assembly, in accordance with the provisions of these statutes and the law.
3º. Present proposals to the Management regarding matters that interest the “Banda Municipal de Machico”;
4º. To bring to the attention of the President of the General Assembly any resolution or act of the Direction that appears to him to be contrary to the interests of the Association or the provisions of the articles of association;
5º. To elect and be elected to the social bodies in the condition of an associate, effective and non-performing, effective, of legal age and with one year of effective membership;
6º. Examine the accounts, budget, accounting books and related documents, in the eight days prior to the General Assembly convened for the purpose of their approval;
7º. To attend or use the facilities of the Association and participate in activities of socio – cultural animation, under the conditions established by the Direction;
8º. To bring to the notice of the Chairman of the Board acts committed by the passive members of disciplinary sanction.

Article 7
Duties of associates
a) The duties of the members are:
1º. Appear at meetings to be called;
2º. To actively participate in the pursuit of the objectives of the “Banda Municipal de Machico”;
3º. Comply with statutory and regulatory positions and accept the decisions of the General Assembly, the Board of Directors and the Fiscal Council;
4º. To exercise with dedication the social positions for which they were elected;
5º. To guard and defend the heritage of the “Banda Municipal de Machico”.

Article 8
Common provision
In addition to the rights of the members listed in the previous articles, they are also granted all those that result from the provisions in these statutes or applicable legal diplomas.

Chapter III – Administration and operation

Section I
General Provisions

Article 9
a) They are organs of the “Banda Municipal de Machico”, the General Assembly, the Direction and the Fiscal Council.
b) The members of the board of the General Assembly, the Board of Directors and the Fiscal Council are elected by the members.

Article 10
Distribution of positions
a) In each organ the members assume the respective positions for the piers were elected.
b) The redistribution of positions in each body is only valid by decision of the General Assembly, called for this purpose.

Article 11
Functioning of organs
1. The resolutions of the General Assembly, the Board of Directors and the Fiscal Council shall be taken by a majority of the members, except in cases in which the law requires a qualified majority, having, in case of a tie, the respective chairman the casting vote.
2. In the temporary impediment of any member of the corporate bodies, the functions will be performed by the member of the same body that follows him in the order of composition indicated in these statutes.
3. In the event of a member’s resignation or poor performance, the remaining members of the board of directors shall be given the option of accumulating functions or proposing the introduction of a new element to the General Assembly.

Article 12
a) The duration of the term of office resulting from the election for all the bodies of the members of the Board of the General Assembly, the Board of Directors and the Supervisory Board shall be three years, except in the case referred to in article 17 (f).
b) The count of the years of office begins on the date of the respective possession.
c) The duration of the term of office of the members of the bodies chosen in partial election, ending on the time of the current triennium.

Article 13
a) The elected corporate bodies take possession of their positions within a maximum period of fifteen days following the date of the election and that is drawn up by a book in the proper book considering from that time in exercise.
b) Possession is conferred by the outgoing President of the General Assembly.
c) In the act of possession, all assets and values are transferred, in the presence of the outgoing Directorate and / or Installing Commission of the Municipal Band of Machico, by means of an inventory, which must be signed by the members and by the discriminate the amounts and amounts in cash and deposit.
d) The outgoing social bodies continue in office until the electors are in office.
e) In case of impediment or refusal of the elected Directorate, a provisional Installing Commission will be constituted in an Extraordinary General Assembly.
f) The exercise of social positions is free, without prejudice to the right to compensation for the expenses resulting therefrom.
g) The members of the managing bodies are not allowed the simultaneous performance of more than one position in the association.

Section II – General Assembly

Article 14
a) The General Assembly is composed of all members in full enjoyment of their rights.
b) Members may not be represented at sessions of the General Assembly.

Article 15
Officers of the General Assembly
The General Assembly is headed by a table, constituted by a president, a secretary and a vowel.

Article 16
a) Meetings of the General Assembly shall be convened by the President of the General Assembly, on his own initiative, or at the request of the Board, or at the request of two-thirds of the members.
b) If the Chairman of the General Assembly does not do so, within eight days after the date fixed by the bylaws or under the terms of the previous number, the call may be made by the General Assembly.
c) The convocation shall be fixed at the Association in advance of not less than fifteen days.
d) The convocation must include the agenda, the place, the day and the time designated for the meeting.
e) Between the first and the second call can not take less than an hour.

Article 17
It shall be incumbent upon the General Assembly, namely:
a) To elect by a secret ballot the members of the social organs, as well as their dismissal;
b) Analyze and approve budgets and business plans, as well as accounts and annual report;
c) To resolve on the decisions of the Direction regarding applications for membership;
d) To declare associates honorary and meritorious of the “Municipal Band of Machico” to the persons or entities referred to in sub-paragraphs c) and d) of article 5.
e) Give an opinion on the matters proposed by the Board;
f) To resolve on the dissolution of the organization, with a favorable vote of three-quarters of the total number of members.
g) To resolve on the acquisition, sale and encumbrance, in any way, of immovable property;
h) To amend the Articles of Association of the Association and to resolve on the extinction, spin-off or merger of the Association;
i) Exercise all other powers that are legally or statutorily attributed to him;

Article 18
a) The General Assembly shall meet in ordinary session in March and the first half of December of each year for the consideration and voting of the previous year’s report and accounts and the business plan for the following year respectively.
b) The General Assembly may also meet extraordinarily to deal with matters of manifest interest to the body.
c) The deliberations on the modification of the statutes or extinction of the organism are taken in extraordinary meetings, expressly called for the purpose.

Article 19
a) The General Assembly functions on a first call basis with the majority of members having the right to participate in the second meeting with any number of members present.
b) It is prohibited to discuss matters that are not within the competence of the General Assembly.
c) No member may vote on a matter which concerns him or her in particular.

Section III – Direction

Article 20
The Board consists of a President, a secretary, a treasurer and two vowels.

Article 21
It is the responsibility of the Direction:
a) Represent the “Banda Municipal de Machico” in court and outside;
b) To administer the values of the “Municipal Band of Machico” with greater zeal and economy, collecting the recipes and satisfying the expenses;
c) Organize the services and watch over the correct bookkeeping of the books and documents that are necessary;
d) Give monthly balance to the funds of the “Banda Municipal de Machico”, checking the cash documents, to send the respective balance sheet;
e) Prepare the annual report and accounts and budgets and submit them to the Audit Committee for approval and approval by the General Assembly;
f) Present the writing and more documents to the Fiscal Council;
g) To elaborate, in the year in which its exercise ends, the relations of the elected and eligible members and to prepare the other elements necessary for the election of the managing bodies of the Association;
h) Disseminate with the members the legal dispositions that may be of interest to them, as well as clarify them about their rights and duties;
i) To resolve on the claims formulated by the members and to receive the complaints presented by the users of the services rendered;
j) Define the mode of use of the seat and its dependencies by members and their families;
k) To proceed contentiously against the associates and to apply the penalties to them in the terms of the statutory dispositions and internal regulation;
l) To study the conditions in which they develop some activities characteristic of the area of the “Banda Municipal de Machicoo”;
m) Collaborate with local and other associations on initiatives to improve the social situation of the population;
n) Accept donations, funds or bequests that may be assigned to the Association.
o) I have fulfilled and enforce the resolutions of the General Assembly, as well as the provisions of these statutes and of the law;
p) Submit to the approval of the alterations of the statutes voted by the General Assembly;
q) To practice the other acts leading to the accomplishment of the purposes of the “Banda Municipal de Machico” and to take the necessary relations in matters that do not fall within the competence of the General Assembly;
r) To convene and delegate specific competencies to one or more artistic directors, for guidance and supervision of the different artistic areas of the “Banda Municipal de Machico”, the competence of the artistic directors shall be performed according to the internal regulations;
s) In addition to these, the Management shall also have the powers and functioning referred to in the Internal Regulations and in the law.

Article 22
Specific Competence of Associates
It is incumbent upon the Board of Directors, as far as the members of the “Banda Municipal de Machico Association” are concerned:
a) To intervene in the admission and promotion of the associates in the terms established in regulation;
b) Check the professional behaviour of the members;
c) Receive complaints and complaints from any associates or users regarding the behaviour of other members;
d) Instituting inquiries or disciplinary procedures against the members of the “Banda Municipal de Machico Association”, for which there are indications of infraction that justify;
e) To order the preventive suspension of the members by communicating it to the General Assembly within three days for confirmation purposes.

Article 23
Limitation of jurisdiction
a) The Management can not make the operations of the “Banda Municipal de Machico” account unrelated to its administration or apply any amounts for purposes that do not fall within the scope of the activities of the organism.
b) In order to compel the body, a majority of the members, including the President, are required.
c) The movement of checks and payment orders requires the signature of two members of the Board, one of which is that of the treasurer.

Article 24
The Management must meet whenever necessary and obligatorily at least once every month.
At the first meeting of each month, the Management checks the accounts, beginning with the “cash” conference, and the amount of the balance must be expressly recorded in the minutes.

Section IV – Fiscal Council

Article 25
The Fiscal Council is composed of a President, a secretary and a vowel.

Article 26
The Fiscal Council is the control and oversight body of the “Banda Municipal de Machico”, which is responsible for:
a) Examine, whenever it deems it convenient, the writing and other documentation of the Association;
b) Check, when deemed necessary, the balance of “cash” and the existence of securities of any kind, which shall be recorded in the respective minutes;
c) Issue an opinion, recorded in minutes, on the report and the annual reports, as well as decide on the Budgets and Plan of activities for the following year;
d) Appreciate any other matter on which you are asked to give an opinion.

Article 27
a) The Fiscal Council meets, in an ordinary session, quarterly and, whenever necessary for the purposes of sub-paragraph c) of the previous article.
b) The Fiscal Council meets, extraordinarily, on the initiative of the Chairman or at the request of the remaining members.

Chapter IV – Administrative Commissions

Article 28
a) If the “Banda Municipal de Machico” is being managed by an Administrative Commission, it is incumbent upon the attributions and competencies of the Board of the General Assembly, the Board of Directors and the Fiscal Council.
b) The Administrative Commission is responsible for holding elections within the deadline set in the appointment order.

Chapter V – Elections

Article 29
a) Elections of the “Banda Municipal de Machico” must be held, for all the organs:
1º. Before three years elapse over the setting up of the Installation Commission;
2º. In the month in which the triennium ends after the last general elections;
3º. Until the end of the mandates established in the orders for the appointment of the Administrative Committees.
b) Partial elections should be held when a body is reduced to less than half of its members.

Article 30
Active electoral capacity
The members of the organs of the “Banda Municipal de Machico” are the members in full enjoyment of their rights, with a minimum of one year of registration.

Article 31
Passive electoral capacity
a) Members who are Portuguese nationals, know how to read and write, are in full enjoyment of their rights and are not eligible for any of the disabilities that deprive them of their status as voters, except as provided in the following paragraphs.
b) The employees of the “Banda Municipal de Machico” Association can not stand for election to the governing bodies.
c) Candidates or members of the governing bodies of the “Banda Municipal de Machico” Association can not stand for election in another Municipal Band.
d) Ineligible honorary associates and benefactors.
e) The actual performing associates must be represented with a minimum percentage of band per cent in the governing bodies of the “Banda Municipal de Machico”, except when they are not interested in applying to the municipal bodies of the Municipal Band of Machico.

Article 32
The elections for the governing bodies of the “Banda Municipal de Machico” are governed by the regulatory norms of these statutes.

Chapter VI – Financial Regime

Section I – Revenue and Expenditure

Article 33
The revenues of the “Banda Municipal de Machico” are included in the following headings:
a) Fees established by internal regulations for the practice or access to certain activities;
b) Amounts received under agreements entered into with public or private entities;
c) Donations, bequests or inheritances;
d) Income from own assets and services;
e) Capitalized fund juries;
f) Other income.

Article 34
The expenses of the “Banda Municipal de Machico” are those that derive from the performance of its duties, in accordance with the law and customs, as well as those that have to occur for its installation, maintenance and operation.

Section III – Budget and accounts

Article 35
a) Up to November 10 of each year is prepared by the Management and submitted, within the next ten days, by distinguishing between ordinary and extraordinary revenues and expenses with the description in own items, of the amounts related to the administration and to each of the modalities of the agency, being that submitted to the approval of the General Assembly.

Article 36
Management Accounts
a) The management accounts are closed with reference to the thirty-first of December of each year and subject to opinion of the Fiscal Council within ten days after the closing.
b) For eight days prior to the General Assembly meeting to be held in March, the accounts and the respective opinion shall be posted at headquarters and shall be made available to members in full enjoyment of their rights.
c) The budgets and the management accounts, together with their report, are sent to the public entities that request them, immediately after their approval by the General Assembly.

Chapter VII – Penalties

Section I – Responsibilities of Managing Bodies

Article 37
Compliance with the Articles of Association
It is incumbent upon the General Assembly to verify compliance with the provisions of these statutes with respect to the acts of all corporate bodies, except for the jurisdiction of the other corporate bodies.

Article 38
a) The members of the corporate bodies shall be jointly and severally liable in civil matters and individually in criminal matters for faults or irregularities committed in the performance of their duties, whether or not they exceed the limits of their jurisdiction.
b) The members of the governing bodies are also responsible to the “Municipal Band of Machico Association” for losses resulting from non-compliance with legal and statutory duties.
c) After six months of approval of the Management Account, the members of the Board of Directors shall be exempt from liability to the Association unless there is evidence of bad faith or false indications, but approval shall be ineffective if compliance with the provisions of paragraph 2 of article 36 of these Statutes.
d) Those who have not taken part in the resolution or who fail to comply with declarations expressed in the minutes book shall be deemed to be exempt from liability.

Article 39
Any member may request the General Assembly to:
a) Suspension of the responsible officers until the final decision of the proceedings, in the cases provided for in paragraph 1 of the following article;
b) The dismissal of administrative and artistic leaders who no longer meet the conditions of eligibility established.

Article 40
a) The members of the Board of Directors who are directly responsible for helping to divert the body from the purpose of the institution that has been established or that make it impossible to fulfil the duties imposed by law are punished with dismissal from office.
b) The provisions of the previous number shall not prejudice the application of other penalties established by law.

Section II – Disciplinary Regime of Associates

Article 41
Disciplinary sanctions
a) For infractions to the statutory duties committed by the members are applicable, without prejudice to the penalties provided for in the law, penalties of reprimand, suspension and exclusion, according to stipulated in the following number.
b) These are facts for which the associate can be reprimanded:
1º. To be less correct in its associative procedure, in order to prejudice the good name of the “Banda Municipal de Machico Association”;
2º. Failure to comply with the resolutions adopted by the General Assembly or the Administrative and Artistic Direction, in accordance with the statutes of the law.
c) The member is suspended for a minimum period of thirty days and a maximum of two years who:
1º. To offend any member of the General Assembly of the Board of Auditors in the exercise of their duties;
2º. Try to discredit the “Banda Municipal de Machico Association”;
3º. Formulate, in bad faith against other associates charges that do not prove in matters related to the activity of the body;
4º. Delay the assets of the Institution;
5º. Seriously attack against the good order and harmony that must exist in the “Banda Municipal de Machico Association”.
d) The suspension implies the temporary incapacity of the violator to enjoy the rights and benefits resulting from the status of associate.
e) The member is excluded if:
1º. To assault any member of the board of the General Assembly, the Administrative and Artistic Direction or the Fiscal Council;
2º. Seriously disturb the agenda in sessions of the General Assembly.

Article 42
a) The penalties provided for in the previous article are applied by the Board taking into account the specific circumstances of the infraction and the previous behaviour of the member and this decision rests the appeal to the General Assembly, to appeal within ten days.
b) The defendant member can not be punished without being previously summoned to defend himself, with the exception of his non-appearance of the summons.
c) From the penalties applied under the terms of the previous article, the General Assembly is notified to the competent court.

Chapter VIII – Final dispositions

Article 43
a) In cases where it is justified and for better fulfilment of its purposes, the “Banda Municipal de Machico” may create or extinguish delegations in its area.
b) Each delegation will be headed by one or more members, appointed by the Directorate.

Article 44
Articles and sale of goods
With the prior authorization of the General Assembly, the “Banda Municipal de Machico” may:
a) To acquire, free of charge or onerous titles, buildings destined to its facilities or to the pursuit of its ends;
b) Accept bequests or inheritances for the benefit of inventory;
c) Alienate, under any title, and encumber or assign the use of real estate.

Article 45
The “Banda Municipal de Machico” Association has the right to use its own emblem, flag or seal, approved by the General Assembly.

Article 46
Scope of action
The assets and means of action that the “Banda Municipal de Machico” has available for the pursuit of the services can not be used for any activity contrary to their interests.

Article 47
a) The dissolution of the “Banda Municipal de Machico” may result from the verification of one of the following causes:
1º. By resolution of the General Assembly pursuant to article 17 f) and Article 18.3 of these Bylaws;
2º. By judicial decision that declares its insolvency.
b) The association is also extinguished by judicial decision:
1º. When its end is exhausted or it has become impossible;
2º. When its actual purpose does not coincide with the purpose expressed in the act of constitution or in the statutes;
3º. When its end is systematically pursued by illicit or immoral means;
4º. When its existence becomes contrary to public order and morality

Article 48
Destination of goods in case of extinction
In the case of the dissolution of the Banda Municipal de Machico Association as a result of the deliberations or decision provided for in the previous article, or in the face of a disinterest in the management and / or persons or entities that constitute the Installing Committees regarding the transformation and continuity of the “Banda Municipal de Machico Association”, its patrimony will be the responsibility of the Municipality of Machico.

Article 49
Organization Phase
While the “Banda Municipal de Machico” is in the process of being installed, the functions normally performed by the governing bodies are exercised by the Installing Commission.

Article 50
Rules of Procedure
The Rules of Procedure shall regulate the other aspects of the operation of the Association, in strict compliance with the Law and these Bylaws, and may stipulate all that is most necessary for its activity, namely the specific competences of each member of the governing bodies, and the electoral regulation among other matters.

Article 51
Omitted cases
All cases not covered by these statutes are resolved in accordance with the legal provisions applicable to the associations, the Internal Regulations and the deliberations of its governing bodies.

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