Current Statutes Approved by the General Assembly in the year 1996
Chapter l – Denomination, Headquarters, Objective and Duration
The Recreation Association called Banda dos Artistas Funchalenses, founded on the eighth of February of one thousand eight hundred and fifty, is now called Banda Municipal do Funchal
The Association shall have its headquarters in the city of Funchal, at Rua 31 de Janeiro number one hundred and seventeen, parish of Santa Luzia, and the General Assembly may change it, or create delegations in any place within the territory of the Autonomous Region of Madeira
The purpose of the Association is to:
a) To instruct its associates in musical art;
b) To present themselves worthily in public, giving concerts, brightening camps, charity parties, holidays, and more.
c) Promote cultural and recreational programs for their partners and their families.
d) To support the executing partners, if necessary, and to the extent of their possibilities.
e) To cooperate and to articulate its activity with that of similar regional, national and international associations.
The Association is not for profit.
The Association will last indefinitely.
CHAPTER II – Of members of the association
a) Individuals and legal entities that affirm their adhesion to the statute of the Association may be members.
b) The Association shall not accept as members trade union, partisan or religious organizations.
a) The Association shall be composed of the following categories of partners:
b) Performing partners are those who take an active part in the functions of the Association, showing artistic class of relief so that they are already considered musicians.
c) Effective partnersare those who begin their musical learning, as well as those who, expressing a true interest in musical art and culture, join the association by paying the respective “joia” and monthly fee.
d) Protectors partners are those who regularly assist the Association in its progress and improvement.
e) Partners who are worthy of honor are all individuals who, although occasionally, render to the Association any benefit of recognized importance, and which the General Assembly so considers.
f) 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.
The Protectors, Worthy and Honorary partners may attend the General Assembly meetings, without the right to vote, and may not also elect and be elected to the governing bodies.
a) The Board is responsable for the admission of partners, at the request of the interested parties.
b) Partners will be admitted by means of the payment of a “joia” to be set by the General Assembly.
c) The decision of the Board that approves or not the admission of a partner may appeal to the first General Assembly that takes place after the knowledge of the resolution.
The partners of the Association shall have the following rights:
a) Participate in General Assemblys and Electoral Acts;
b) To elect and be elected to the corporate bodies;
c) To enjoy the facilities and services of the Association;
d) To participate in associative activities;
e) Recourse to the deliberations of the Board of Directors for the General Meeting;
f) To enjoy all other prerogatives conferred upon them by law, by statutes or by internal regulations.
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 comply with the statutory precepts and the regulations of the Association, as well as the deliberations of its organs;
d) Participate in the operation of the Association, contributing to the achievement of its purposes;
e) To fulfill all other obligations that they may have by virtue of the law, these statutes, or the internal regulations.
a) Partners who fail to comply with any of the duties established in the previous article may be excluded from the Association.
b) The delay in the payment of the quotas and other contributions determined for a period superior to three months constitutes serious fault that will determine the immediate exclusion of the partner.
c) The Management is responsible for the exclusion of partners, but of 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
The governing bodies of the Association are:
a) The General Assembly;
b) The Board;
c) The Fiscal Council;
a) Partners of the corporate bodies are elected by the General Assembly, for periods of three years, from the performing and effective partners, and re-election is permitted.
b) 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, two and one, respectively, for the General Assembly, the Board of Directors and the Fiscal Council .
c) Alternate holders shall take up their duties as soon as the resignation of the beneficial holders has taken effect, and their term of office shall cease at the end of their term of office.
Section II – From the General Assembly
The General Assembly shall be constituted by all partners in full enjoyment of their rights.
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) To amend the articles of association;
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.
The Officers of the General Assembly shall consist of a President, a Vice-President and a Secretary.
a) The General Assembly shall meet in ordinary session:
1st. by 31 December each year for the approval of the program of activities, the budget and the contributions for the following year;
2nd. until March 31 of each year for the approval of the report, balance sheet and accounts of the Board of Directors and opinion of the Fiscal Council for the previous year.
b) 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 partners in full enjoyment of their rights, not less than one-fifth of their totality.
a) 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 location of the meeting and the respective agenda, and also be posted in a place appropriate at headquarters.
b) If the Chairman of the Board does not call the Meeting, in cases in which he must do so, any holder of the corporate bodies may call the meeting.
c) The appearance of all the members sanctions any irregularities of the convocation, provided none of them opposes the Assembly.
a) On first call, the Assembly may not function without the presence of at least the number of members representing half of the total votes.
b) On second call, the Assembly may operate and deliberate validly 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.
c) 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.
a) 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.
b) Decisions on amendments to the articles of association shall require three-fourths of the votes of the members present or represented.
c) The resolution on the dissolution of the Association 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.
d) In the case of a tie vote, the Chairman of the Board shall have a casting vote.
Section III – From the Direction
a) The Board consists of a minimum of five and a maximum of seven members of which one will be the President.
b) The Artistic Director will be part of the Direction by inheritance of functions.
c) The Board shall present, in all its members, a majority of executing partners.
It is the responsibility of the Board to administer the Association and ensure the pursuit of its objectives, and in particular:
a) Represent it, in court or outside it;
b) Manage the Staff, the assets of the Association and watch over their accounting, and may purchase motor vehicles;
c) Comply with and implement the provisions of the Bylaws and resolutions of the General Assembly;
d) Draw up internal regulations, as well as the annual report, balance sheet and annual accounts;
e) To elaborate and to execute the annual program and the budget of the Association;
f) To prepare the proposal of quotas and other contributions of the members of the Association;
g) To admit and exclude partners in accordance with 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.
a) The Board of Directors shall meet at least once every quarter and shall be convened by the Chairman and may only deliberate with the presence of a majority of its members.
b) Decisions shall be taken by a majority of the votes of the members present, and there shall be no abstention.
c) Each member of the Board shall have one vote, but the Chairman shall have the right to a qualified vote.
d) 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.
e) Each member of the Board may be assigned roles corresponding to one or more services of the Association.
a) In order to compel the Association, the signatures of two members of the Board are required.
b) Acts of mere expediency and, in general, those that do not involve the responsibility of the Association, may be signed only by a member of the Board.
Section IV – From the Fiscal Council
The Fiscal Council is made up of a President and two Vowels.
It is incumbent upon the Fiscal Council, in general, to supervise the acts of the Board or practiced by its mandate or delegation, and in particular:
a) to examine and verify the Association’s writing, the books of account as well as the documents on which they are based;
b) To prepare opinions on the budget, the report, the balance sheet and the accounts of the Board;
c) To attend meetings of the Board whenever it deems it appropriate;
d) To give an opinion to the Board on any inquiries that it presents to it;
e) To exercise the functions and to carry out the acts that are;
a) 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.
b) Decisions shall be taken by majority vote of the members and there shall be no abstention.
Chapter IV – Of the Association Heritage
They constitute income of the Association;
a) Partnes’ 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 payment of services rendered by the Association, in the scope of its current activities;
e) The product of activities organized by the Association when they are susceptible of revenue;
f) Any other income not prohibited by law;
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 balance, if any, and on the additional contributions to be paid by the members to cover possible losses.
Chapter V – General and transitional provisions
The Association may be federated in similar Associations, national or foreign.
a) Within a maximum period of three months from the date of publication of these statutes 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.
b) 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.