Statutes – Banda Paroquial de São Lourenço da Camacha

Current Statutes Approved by the General Assembly in the year 2002

Chapter I – Nature, Objective and Location

Article 1
Nature
The Banda Paroquial de  São Lourenço da Camacha, hereinafter also called Parochial Band, is an Association of faithful of the Parish of Camacha, canonically erected by the Bishop of the Diocese of Funchal, and enjoys Legal Personality recognized by the State, according to the Concordat celebrated between Holy See and the Portuguese State.

Article 2
Objectives
This Banda Paroquial de  São Lourenço da Camacha has the purpose:
a) Instruct your partners in musical art;
b) To present himself worthily in public, giving concerts brightening camp, charity parties and others;
c) To carry out other activities of the Apostolate, such as: evangelization, works of piety and charity;
d) Support the implementing partners, if necessary and to the best of their ability;
e) Cooperate with other related regional, national and international associations;
f) Take responsibility for the musical animation of the religious festivals of the parish mainly of the solemnity in honor of São Lourenço.

Article 3
Location
The Banda Paroquial de  São Lourenço da Camacha has its headquarters in a property, owned by the Fábrica da Igreja da Camacha, next to the Matriz church, Parish of Camacha, Santa Cruz.

Chapter II – Of the Associates

Article 4
Admission of Associates
a) Can not be validly received in the Parish Band:
1º. Who has publicly rejected the Catholic faith;
2º. Who has abandoned ecclesiastical communion;
3º. Who has incurred in enforced or declared excommunication (Can 316 1st);
b) Only a member of the Parish Band can be admitted to the faithful who has manifest good moral and religious behavior.

Article 5
Categories of associates
a) In this Association there will be the following categories of associates (Can 1151):
1º. Effectives Associates – these are the members who have reached the age of majority and who, expressing a true interest in musical art and culture, join the association by paying the respective jewelry and monthly fee.
2º. Protectors Associates – are protective members who regularly assist the association in its progress and improvement.
3º. Meritorious Associates – meritorious associates are all individuals who, on an occasional basis, provide the association with any benefits of recognized importance, and which the General Assembly so considers.
4º. Honorary Associates – honorary members are all those who have developed joint work of valuable merit for society and contributing to the aggrandizement and artistic projection of the Association, and as such will be considered by the General Assembly.
b) It belongs only to the effective partners:
1º. To elect and to be elected for the administrative organs of the association.
2º. To dismiss the members of the organ of administration;
3º. To evaluate and vote annually the action program for the following year, as well as the report of the management’s accounts.
c) All members at the time of admission must be of the highest age.

Article 6
Rights of members
a) Each member, validly admitted and not legitimately dismissed, has the right:
1º To enjoy the rights, privileges, indulgences and other graces;
2º To elect and be elected to the offices so that, according to the bylaws, he is able;
3º To enjoy the facilities and services of the Association;
4º Participate in General Assemblys and Electoral Acts;
5º Recourse to the Board of Directors’ resolutions for the General Assembly;
b) They can not be effects for the managing bodies:
1º. The consanguines in the straight line and the debtors of the association;
2º. Those who in the past proved incapable of exercising the positions for which they were elected or appointed.
3º. Those who hold public or political positions.

Article 7
Duties of Members
a) It is the fundamental duty of the members to contribute to the achievement of the objectives of the association, through quotas, donations, services and in particular:
1º. Paying for incoming “joia”;
2º. Pay the due quota and any other charges;
3º. Prepare spiritually for the solemnity of the patron saint;
4º. To accompany members’ funerals and participate in elections;
5º. Participate in the operation of the Association, contributing to the achievement of its purposes.
6º. Participate in musical, spiritual, cultural and other gatherings.
b) It is incumbent upon the Board to determine and update in a timely manner the incoming membership fee and the respective membership fee.

Article 8
Resignation of associates
a) Those members who, after being legitimately admitted, are dismissed from the Parish Band:
1º. Have they incurred in any of the situations provided for in Article 4º and those that do not comply with that determined in Article 7 1º a);
2º. Do not pay quotas and other contributions within the time limits established by the statutes without justification, within a period exceeding six months.
b) The resignation is made under a written admonition and save the right to appeal to the Bishop of the Diocese (Can 316 2º)
c) The dismissed member ceases to belong to the Parish Band and loses all rights and positions therein.

Chapter III – Of the Managing Bodies

Article 9
Governing Bodies
a) The following bodies are part of the Parochial Band Managing Bodies:
1º. The General Assembly
2º. Direction;
3º. Fiscal Council;
4º. The representative of the Bishop of the Diocese as a monitoring body;

Article 10
Functioning of the organs in general and responsibility of its members
a) Minutes of the meetings of any organ of the parish Band shall always be drawn up, which must be signed by all the members present or, when they concern meetings of the General Assembly, by the members of the respective Table;
b) The members of the managing bodies are accountable before the ecclesiastical and state law, civil and criminal, for the absences or irregularities committed in the exercise of the mandate.

Chapter IV – General Assembly

Article 11
Definition and Sessions
a) The General Assembly is the meeting of Associates, with voting rights, carried out according to the bylaws.
b) The General Assembly shall meet in ordinary and extraordinary sessions.
c) The ordinary sessions shall be held twice a year:
1º. One, until March 31, for the approval of the report and accounts of the management of the previous year;
2º. Other, until 31 December, for consideration and vote on the program of activities, budget and contributions for the following year.
3º. Extraordinary sessions shall take place whenever the chairman of the board of the General Assembly convenes legitimately, on his own initiative, at the request of the Board of Directors or the supervisory body or at the request of at least 25% of the number of brothers in full enjoyment of their rights.

Article 12
Convocation of the General Assembly
a) The convocation must be made in writing, at least eight days before the meeting, by circular sent by post and must include the day, time, place and agenda.
b) The notice of meeting shall be communicated in writing to all members who have the right to vote (Can 166)

Article 13
Operation of the General Assembly
a) The General Assembly Board consists of a President and two Secretaries elected by the Assembly, for a period of three years.
b) In the absence of occasional members of the Board of the General Assembly, it is up to the latter to elect the substitutes among the members present, who shall cease their duties at the end of the meeting.
c) In the event of a permanent absence, the Assembly elects the substitute, who shall serve until the term of office of the other members.
d) The General Assembly shall be chaired by the Chairman of its Bureau; If, however, he attends the superior ecclesiastical authority or his delegate, he belongs to the presidency.
e) The General Assembly shall meet only at least 50% of the members present. At the appointed time, if there are not enough, the Assembly will operate half an hour later with any number of members.
f) The Extraordinary General Assembly, which is called at the request of the members, can only meet if all the applicants are present.

Article 14
Convocation of the General Assembly by the Superior Authority
The supervisory body may request the superior ecclesiastical authority to convene the General Assembly in the following cases:
a) When there is no chairman of the General Assembly Board or substitute;
b) When the Board of the General Assembly has exceeded during its mandate;
c) In any case, the calling of the Meeting is prevented under the legal terms or if it is prevented from functioning.

Article 15
Powers of the General Assembly
It is incumbent upon the General Assembly to deliberate on all matters not reserved to the Bishop of the Diocese and not included in the legal or statutory attributions of the other Organs, and necessarily:
a) Define the fundamental lines of action of the Association.
b) To elect the members of the respective table and the totality or the majority of the members of the direction.
c) To evaluate and vote annually the action program for the following year, as well as the report of the accounts of the management.
d) To resolve on the acquisition costly; the sale to any title of real estate and other assets of the stable fund; and on acts of extraordinary administration;
e) To resolve on the change of studies;
f) To resolve on the extinction, merger or spin-off of the Association;
g) To approve the adhesion to unions, federations or confederations;
h) To dismiss in accordance with Article 22 2, the Board.

Chapter V – Of the Management Bodies

Article 16
Functioning of the Directorate
The Board is convened by the respective Chairman and can only deliberate with the presence of the majority of its holders.

Article 17
Provision of Directorate
a) The provision of the organs of administration is given in writing by the Bishop of the Diocese after the election made by the General Assembly.
b) The exercise of the post without the proper provision is invalid.
c) Those who hold public or managerial positions in political parties can not be elected to the Board (Can 317 4)

Article 18
How to make the election
a) The Board shall list as many names as necessary to provide the direction to be elected, indicating the position in front of each name.
b) Other lists, constituted as the one of the preceding paragraph and promoted by members of the General Assembly, may be made.
c) The lists will be made known to the members, on the occasion of each convocation of the General Assembly.
d) The lists must be presented to the supervisory body which, according to the statutes, will give “Nothing”.
e) Obtain no obstacle, all competing lists will be included in a single ballot paper and numbered in order.
f) In the presence of the majority of those who must be summoned, before each ballot, a ballot paper is given to each of the voters so that he can vote on the list that he has for good.
g) Once the election has been completed, it must be immediately communicated to the elected representatives.
h) Elected who obtained an absolute majority of the votes of the voters at the first ballot; or the relative majority, to the second.
i) The Secretary of the General Assembly shall draw up the complete minutes of all the accused in the election, which shall be signed by at least him, by the Chairman of the Board and by the tellers and diligently kept in the Archives of the Association (Can 173).

Article 19
Confirmation of the Directorate
a) Once the election has been made, send the names of the elect to the Bishop of the Diocese, within eight days, so that the necessary confirmation can be obtained.
b) Once the confirmation has been obtained, the ceremony of the inauguration will take place, during which the representative of the Bishop reads before the members of the elected bodies the written provision, which must be recorded in the respective book of minutes.
c) After confirmation, the elected bodies are immediately entitled to exercise their powers (Can 178 and 179, 5).

Article 20
Term of office of the Directorate
a) The term of office of the Board of Directors shall be three years.
b) The election of any member for more than two consecutive terms is not allowed.
c) The simultaneous performance of more than one position in the same association is not allowed.

Article 21
Free of charge
The exercise of any position in all management bodies is free, but may justify the payment of expenses derived therefrom.

Article 22
Resignation of the Board
a) The Administrative Bodies and the Fiscal Council may be removed by the ecclesiastical authority that confirmed them (Can 318 2).
b) Removal can only cause the organ or member to resign, as well as the senior officers of the Association, in accordance with the statutes. (Can 318 2)

Chapter VI – Management

Article 23
Constitution
The Parish Band Directorate consists of a President, a Vice President, a Secretary, a Treasurer, one or three members.

Article 24
Jurisdiction
a) It is the responsibility of the Direction to manage the Parish Band, entrusting to him in particular:
1º. To admit associates, in accordance with the statutes;
2º. Guarantee the effectiveness of the rights and duties of the members;
3º. To prepare, in good time, the scale of the members responsible for holding the solemnity in each year;
4º. To administer the assets of the Association, except the right of the Bishop of the Diocese to intervene in case of negligence of the own Direction of the parish Band;
5º. Prepare annually the report on management accounts, as well as the action program for the following year;
6º. Ensure the organization and operation of the services;
7º. To ensure compliance with the law, the statutes and resolutions of the Association’s bodies;
8º. To ensure the bookkeeping of books, in accordance with the law and the articles of association;
9º. Apply safely and profitably the capital of the association;
10º. With prior written permission of superior hierarchical bodies, propose and contest legal actions to defend the Association’s rights (Can 1288);
11º. To accept inheritances, legacies and donations with the prior authorization of the Bishop of the Diocese;
12º. To propose to the General Assembly Board for the approval the updating of the quotas to be paid annually by the members; as well as the setting of the percentage on the same to the reserve fund of the association;
13º. Represent the Parochial Band in and out of court.

Article 25
Meetings of the Directorate
The Parish Band Directorate shall meet as often as it deems convenient as the matter requires.
a) One of the meetings shall take place in time to approve the action program to be submitted to the General Assembly by 31 December;
b) The other, in time to approve the report of accounts of the previous year to be submitted to the General Assembly until 31 March.

Article 26
Powers of the President
It is incumbent upon the President of the Parochial Band Direction:
a) Convene the meetings of the Board;
b) To preside the books of bookkeeping of the Association and to draw up the respective terms of opening and closing;
c) To initiate the books of books of the Association and to draw up the respective terms of opening and closing;
d) Sign with the secretary the payment orders and the receipts collection guides;
e) Promote with the secretary the preparation of the action plan and the accounts of the Management;
f) Send the members notice to participate in the mandatory acts of the Association;
g) Superintendent in the file;
h) To carry out all the other attributions that in the statutes of the conferred to him.

Article 27
Powers of the Vice-President
It is incumbent upon the Vice President of the Parish Band to replace the President in his absences and impediments.

Article 28
Powers of the Secretary
It is incumbent upon the Secretary of the Parish Band Directorate:
a) To prepare the minutes of the meetings;
b) To have in its custody the books of bookkeeping of the Parish Band and to watch over the due organization of the same ones;
c) Make the registration in the respective books of the admitted members and communicate it to them;
d) Make all the bookkeeping proper of his position;
e) Replace the Vice President in his absences and impediments.

Article 29
Powers of the Treasurer
It is incumbent upon the Treasurer of the Parish Band Directorate:
a) To collect the revenues and make the payments duly authorized;
b) Present to the Board the balance sheets of revenues and expenses in accordance with the statutes;
c) To exercise all other attributions that in the statutes are conferred to him.

Article 30
Powers of Members
It is incumbent to the Vowel of the Direction of the Parish Band:
a) To participate in the deliberations of this organ;
b) Assist in the execution of the tasks of this body, giving the President, Secretary and Treasurer the collaboration that is requested.

Article 31
Administrative Commission
a) In special circumstances, when serious reasons so require, the Bishop of the Diocese may designate an Administrative Commission, with the competence of the statutory managing bodies (Can 318, 1 st)
b) This Committee is provisional. Its term of office shall be for a maximum of one year, extendable if necessary.

Chapter VII – Fiscal Council

Article 32
Constitution
a) The members of the Fiscal Council should be chosen among the associates most experts in economic matters.
b) This body excludes consanguineous persons or members of the administrative body up to the fourth degree (Can 492, 3)

Article 33
Jurisdiction
It is incumbent upon the Fiscal Council
a) A supervisory function on the patrimony of the Parish Band;
b) Ensure compliance with the law and the articles of association, in particular with regard to the acquisition, administration and disposal of temporal goods;
c) To supervise the bookkeeping and documents of the Parish Band, whenever it deems it convenient;
d) To attend the meetings of the general assembly and the Direction of the Parochial Band whenever it seems convenient to him and to give the opinions that are requested him or there are for good;
e) Give written opinion on the report, accounts and budgets.

Chapter VIII – Of the organ of Surveillance

Article 34
Composition
The Supervisory Body is composed of one or more persons appointed by the Bishop of the Diocese.

Article 35
Tasks
The Surveillance Body is a form of presence of ecclesiastical authority to all associations of the faithful, to facilitate their fulfillment of their office of vigilance, government and direction. Therefore, he acts not as a representative of the Parish Band, but of the Bishop of the Diocese, as the pastor who seeks to ensure that the Parish Band is alive and well. It is incumbent upon him:
a) Ensuring the integrity of faith and customs (Can. 305 1º 323 1º);
b) To ensure that there are no abuses in ecclesiastical discipline and in observance of the statutes;
c) Carefully watch over the administration of all property belonging to Parish Band (Can 1276 1st);
d) To watch over the fulfillment of the associates’ wishes;
e) Appreciate the accounts of the Parish Band before they are sent to the Bishop of the Diocese for approval;
1º. To receive the oath of the Administration Bodies before they begin their functions;
2º. Give or refuse “nothing to prevent” the lists competing for the elections.

Chapter IX – Temporal Goods

Article 36
Ecclesiastical Goods
All temporal goods belonging to the Parochial Band are ecclesiastical goods and are governed by Canon Law (Can 1258 to 1310) and by these statutes.

Article 37
Offers
a) The offers made to the members of the Managing Bodies are presumed to be made to the Parish Band itself.
b) The offers referred to in the 1st can not be repudiated except for just cause and in the most important things with permission of the Bishop of the Diocese (Can 1267 1).
c) A license of the Bishop of the Diocese is also required to accept offers burdened with modal charges or conditions (Can 1267 2º).

Article 38
Duties of the Directors, before starting their work
a) The Directorate, before beginning its mission, shall promise, with an oath given before the Bishop of the Diocese or his delegate, that he will administer the assets of the Parish Band well and faithfully (Can 1283).
1º. The Parish Band Directorate must draw up an accurate and discriminated inventory of all property, both immovable and movable, and send a copy to the Diocesan Curia.
2º. This inventory must be signed by the members of the Parish Band Board, new and outgoing (Can 1283 2º).

Article 39
Duties of Directors after the commencement of their term
a) The Parish Band Directorate is obliged to perform its duties with the diligence of a family man (Can 1284 1º).
b) The Parish Band Directorate must duly order and keep in its file the documents on which the parochial band’s rights are based on their property, and deposit authentic copies of the same documents in the Curia’s file (Can 1284 2º 9º).

Article 40
Ordinary and Extraordinary Administration
a) The Board of Directors has the power to exercise ordinary administrative acts.
b) For acts of extraordinary administration, the authorization of the Bishop of the Diocese is always necessary (Can 1281, 2 nd and 1291).
c) They constitute acts of extraordinary administration:
1º. Purchase, sale and lease of real estate;
2º. Borrow loans;
3º. New buildings,
4º. The following disposals;
i) Precious things because of art or history;
ii) Lien on any assets of the equity fund;
5º. Acceptance of non autonomous sink foundations;

Article 41
Equity fund
The Parish Band has as patrimonial background:
a) Movable property;
b) Real estate;
c) The inheritances, donations and legacies;
d) Other extraordinary income;

Article 42
Alienation of heritage
a) A license of the Bishop of the Diocese is required to validly dispose of the assets of the patrimonial fund of the Parish Band (Can 1292).
b) The assets of the Parish Band may not be sold, rented or leased to the administrators or their relatives until the 4th degree, without a special license of the Bishop of the Diocese given written (Can 1298).

Chapter X – Of the Budget

Article 43
Organization
a) The Parish Band shall organize the process of its annual management records and send it to the Diocesan Curia no later than 30 April of the year following that to which they refer.
b) The accounts process must count, all the revenue collected and all the expenses made during the year.
c) The monitoring body, having verified that the accounts correspond to the truth, will inform them, with the following formula:
“I declare that, as far as I could ascertain, these accounts are the expression of truth.”

Chapter XI – Books and Archives

Article 44
Association books of books
The Parish Band will have for its bookkeeping the following books:
a) Book of Tombo that will be used to inventory and describe the movable and immovable property;
b) Book of Enrollment, to enroll the members;
c) Book of Minutes to launch the deliberations taken at each session of the Board and General Assembly;
d) Book of Revenue and Expense.

Article 45
Archive
The Parish Band to keep your documents will have its own file.

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