Current Statutes Approved by the General Assembly in the year 1977
Chapter I: Name, headquarters, related organization
Banda Recreio Camponês, originally called Filarmónica Recreio Camponês, was founded on December 1, 1910, on the Caminho Grande e Ribeira de Alforra site, in the parish of Câmara de Lobos.
This band, which currently has its headquarters in Quinta do Leme of that parish, is an Association whose purpose is the cultural and recreational promotion of its partners and the population in general.
Banda Recreio Camponês is constituted by its partners that are divided in four categories:
a) Effective partners
b) Contributing Partners
c) Meritorious Partners
d) Honorary Partners
Effective Partner is any performer who is a member of the Music Corporation.
Contributing Partner is anyone who pays a quota whose amount will be stipulated by the General Assembly.
Meritorious Partner is any associate who pays a quota equal to or greater than twice that stipulated for the Taxpayer Partner.
Honorary Partner is anyone who, for the relevant services rendered to the Community, becomes a creditor of admiration and recognition of the Association and as such is recognized at a General Assembly.
In pursuit of the provisions of Article 2, the Banda Recreio Camponês shall:
a) Create and maintain a school of musicians destined especially to the youngest layers of the population, without distinction of sex.
b) Instruct partners in musical art or others.
c) Give concerts free of charge or remunerated, as decided by the Administrative Commission and / or Management.
d) Provide partners, their families and the general public with shows, balls, excursions or other activities that may contribute to their development.
e) Instruct games allowed by law and create a bar directly exploration by the Association, whose revenues will revert in favor of the Collectivity.
f) Create, when appropriate, a choir and a theater group, or other related activities, not specified in the previous paragraphs.
The company’s funds are made up of instruments, music repertoires, uniforms, library, existing furniture and utensils and everything that, in the future, acquires or is offered to it.
Collectivity revenue, partners fees, percentages on paid services, fines, donations and profits of any activity that they develop or will develop.
Chapter II – Members and their admission
All current musicians, their regent and the first Managing Bodies elected after approval of these By-laws are considered as natural partners.
a) For the admission of new associate, a proposal with all the identifying elements of the candidate, signed by two partners, will be presented to the Board of Directors.
b) The new partner must have good moral and civic behavior and be older than 18 years or have the ascendants or guardians.
c) The most information about the candidate must be given in writing and duly signed by the partner who gives it, and it is up to the Management to decide, with the possibility of appeal, in accordance with the following article.
The Board of Directors is responsible for the admission of partners, with recourse to the General Assembly of the decision taken.
Chapter III – The Duties and Rights of Partners
It is the obligation of the partner:
a) Comply with the provisions of the Internal Statutes or Regulations as well as the decisions taken by the Board of Directors or the General Assembly.
b) Cooperate with all the means at its disposal to achieve the objectives of the Association and contribute to its prestige.
c) Accept and perform with dedication and zeal the positions for which he is appointed or elected, unless he presents reasons that justify his impossibility.
d) To have good moral and civic behavior and, in no way, to discredit the Association.
e) Satisfy the payment of the quotas stipulated by the General Assembly, when Contributing Members or Beneméritos and subject to the discount stipulated by the Direction on income from remunerated services, in the case of effective members.
1º. Any partner who fails to comply with the provisions of the preceding paragraph for a period exceeding six months shall forfeit all rights until he or she has rectified their situation.
Partners has the following rights:
a) To enter freely in the Headquarters of the Association and must present its membership card, if requested.
b) To take an active part in the General Assemblies, to vote and to be voted for any position as long as they have completed at least six months of membership.
c) To propose new partners in accordance with what is stipulated in number 1 of Article 7 – Chapter II.
d) Accessing and using Headquarters facilities including library, bar, game rooms, etc.
e) To attend the courses promoted by the Band, as well as to attend or participate in conferences, sessions, concerts and other cultural or recreational events.
Chapter IV – Of the musical section – Philharmonic
The music section will be managed by an Administrative Commission composed of four members: President, Secretary, Treasurer and Member.
a) The president will always be the Regent.
b) In cases where, by division of the Band, none of the members of A. C. is present, the Regent shall be fully responsible to that Committee.
The Administrative Commission shall be elected by the effective partners (performers) and shall have two-year terms.
It competes to the musical section:
a) To resolve on the admission of performing members.
b) Convene Assemblies of performers whenever it deems appropriate.
c) Ensure the artistic perfection of the philharmonic.
d) Carry out contracts for parties or other remunerated or free services, distributing among its components the amounts to which they are entitled.
e) Apply sanctions stipulated by the internal regulations from which there may be appeal to the Board.
f) Administer the working capital assigned to it by the Management.
g) Compile all revenue and expenditure documents that directly concern you and submit them to the Management at least every two months.
h) Keep an updated file of all elements of the musical corporation, where it contains, in addition to the identification elements, the sanctions or praises applied.
i) Keep the Board informed of the internal situation of the Section.
j) To supervise the operation of the music school and recruit from its students, candidates able to be new performers as well as to decide on the admission of already formed performers, coming from other philharmonic ones.
1º. The transition from apprentice to performer is the responsibility of the Administrative Commission, having recourse to the General Assembly of performers.
2º. The admission of already graduated performers requires the approval of at least 2/3 of the effective partners.
k) Decide on the level of remuneration to be awarded to new performers according to their artistic competence.
l) Maintain a permanent inventory of instruments, uniforms and music files.
m) The Administrative Commission is also responsible for drawing up internal regulations for the operation of the Band.
Chapter V – General Assembly
The General Assembly which is composed of the effective partners, taxpayers partners and Meritorious partners, in the full enjoyment of their rights and consider themselves legally constituted when at least 50 members are present.
a) One hour later than the one indicated in the Call, the Assembly shall function with the present number of members, and may not in any case deliberate with less than 30 attendances.
The call for the meeting of the Ordinary General Assembly shall be made directly to the partners or by means of an announcement published in the Press, at least eight days in advance, and it shall include the time and place of the meeting as well as the agenda.
The resolutions of the General Assembly shall always be taken by a majority of the present partners.
a) Any ballot shall always be by secret ballot.
At General Assemblys, it is not allowed to deal with matters other than those appearing in the notice.
The General Assembly is composed of a President, a Vice-President and two Secretaries.
The Extraordinary General Assembly shall meet whenever called by the Chairman of the Board, at his request, at the request of the Board or the Fiscal Council or even when requested by a group of at least thirty members in full enjoyment of their rights.
a) The request to convene the Extraordinary General Assembly should clearly state the subject to be discussed.
The Annual General Assembly will meet annually in February for discussion and approval of the report and accounts of the previous fiscal year as well as the opinion previously prepared by the Fiscal Council and biannually for election of the Managing Bodies.
Decisions of General Assemblys shall be included in the minutes book and shall be valid provided they do not contravene the Bylaws, which may only be changed at an Extraordinary General Assembly specifically called for such purpose.
Correspondence voting is allowed to non-residents in Câmara de Lobos, but they must do so by registered letter.
The Extraordinary General Assemblys shall take place within fifteen days following their request.
In the event of non-appearance of the applicants, the objective of the Assembly shall be rendered ineffective and the expenses incurred by the meeting shall remain the same.
a) Failure to appear will only be accepted when duly justified reasons are accepted by the chairman of the board.
The ballot paper that raises doubts because it contains erasures, more than one option or other anomalies will be considered void.
The ballot papers must be in white, opaque paper and they will contain all the proposed lists, represented in alphabetical order.
The lists shall be classified in order of presentation to the President of the Board of the General Assembly.
It is incumbent upon the President of the General Assembly:
a) To convene the Ordinary General Assembly.
b) Summon the Extraordinary General Assembly whenever required under the terms of Article 20 of this chapter.
c) Presiding to the Assemblies, always having the casting vote in case of a tie after the 2nd vote.
d) Assign the elected Managing Bodies within thirty days after the election.
e) Initial the minutes of the sessions as well as the respective book.
It is incumbent upon the Vice-President to replace the President in his absence.
It is the responsibility of the 1st Secretary to organize the writing of the board, to write and to sign the minutes.
It is the responsibility of the 2nd Secretary to read the file and assist the 1st Secretary in his duties, replacing him in his impediments.
Chapter VI – Direction
The Board will consist of a President, a Vice-President, two Secretaries, a Treasurer and two Members.
After its inauguration the Direction will promote the inventory of the Association and will draw up a term in the book of the acts that after conferred, will be signed by the two management to the outgoing and to the invested one.
It is the responsibility of the Direction:
a) To elaborate the internal regulations that it judges more convenient for the good orientation of the collectivity and for integral compliments of the present Statutes.
b) Administer all Funds and Assets of the association.
c) Make the terms of the minutes of the sessions in proper books and have the accounts of the revenues and expenses of the collectivity be recorded in the accounts.
d) To allocate to the Administrative Commission a working capital in accordance with the stipulated in number 6 of Article 13, Chapter IV, the amount of which will be stipulated by the Management.
e) Promote by all means the exaltation and the good reputation of the Collectivity.
f) Decide on the admission of new members always taking into account the stipulations in these Statutes and always communicate in writing to the interested parties the unfavorable decisions.
g) To request the convening of the General Assembly when it deems it necessary, specifically specifying the purpose thereof.
h) Sign all documents arising from the normal activity of the Association and also contracts that by their nature exceed them, provided that it has been authorized by the General Assembly.
i) Pursuant to Article 19, Chapter V, submit annually to the General Assembly for approval the report and account from the previous fiscal year.
j) Provide all documents related to its administration to all members and to the Fiscal Council whenever it so wishes, in the fifteen days before the ordinary session of the General Assembly.
k) Guarantee the members the exercise of their rights and demand from them the fulfillment of the duties under the terms of Chapter III.
l) Meet at least every two weeks to deliberate on current or other matters.
The Management is jointly and severally liable for management acts until they are approved by the General Assembly.
It is incumbent upon the President of the Board:
a) Represents the Direction.
b) Sign with the treasurer or the Secretary the expense or revenue documents as well as move the accounts of existing deposits in banking institutions.
c) Give expedient to applications or requests addressed to the collectivity.
d) Sign the minutes and initial the books of the secretary or treasury.
e) To manage the Society by acquiring what it deems necessary for its proper functioning.
f) Convene Management meetings and guide their work.
It is the responsibility of the Vice-President to replace the President in his or her absences or impediments.
It is the responsibility of the First Secretary:
a) Write all the minutes of the sessions and present them to the members of the Board for ratification.
b) Prepare the secretariat’s dossier and give the appropriate follow-up.
c) Move jointly with the Treasurer and / or the President the bank accounts in the name of the Collectivity.
d) Keep duly deeded books and other documents of the Management.
The 2nd secretary is responsible for replacing the 1st in his absences or impediments.
It is incumbent upon the Treasurer:
a) Make payments authorized by the Management and all receipts that relate to the collectivity.
b) Sign with the President or Secretary the payment orders, receipts and withdrawal checks after being duly authorized.
c) Be responsible for all the money entrusted to your custody that is owned by the Association.
d) Keep the cash book properly with respect to entries and exits, as well as documents related to it.
It is the responsibility of the Member to collaborate with the other elements of the Direction in what was requested.
Chapter VII – Fiscal Council
The Fiscal Council is composed of four elements: a President, a Secretary, a Rapporteur and an Alternate who will replace any of the staff, in their impediment.
It is incumbent upon the Fiscal Council:
a) Attend Management meetings when requested or even on your own initiative.
b) Examine the Collectivity bookkeeping whenever you see fit.
c) Pursuant to Article 20 – Chapter V, give an opinion on the report and accounts of the Management.
d) Request convocation of Extraordinary Shareholders’ Meetings, in accordance with the stipulations of Chapter V – Article 19.
The Fiscal Council shall be jointly and severally liable with the Board of Directors when it does not decline its responsibility and has it mentioned in the minutes, specifically specifying the acts it disagrees with and the reasons for its disagreement.
Chapter VIII – General Provisions
The Association shall never be dissolved unless the shareholders, meeting in the General Assembly expressly called for this purpose, decide by an absolute majority.
a) The extinction of any sector does not imply the dissolution of the Collectivity.
In the event of dissolution, the property belonging to the Collectivity – Banda Recreio Camponês – will be sold by public auction and the respective product, destined for inefficiency purposes in the Municipality of Câmara de Lobos, by indication of a liquidation commission constituted for this purpose in General Assembly.
The damage or damage caused by the members in the assets of the Association shall be entirely their responsibility, when this is imputed to them by the Management or the Administrative Commission.
The present Statutes can only be changed since the practice has shown this necessity, but only after twelve months have passed since the date of its approval.
a) The amendments referred to in this Article shall be the subject of a detailed report of the Managing Bodies with a clear demonstration of the accompanying proposal or a proposal signed by thirty members in full enjoyment of their rights. Its approval or refusal can only be resolved at a General Assembly, specially called for this purpose.
The re-election of any member to positions of the Managing Bodies is always allowed as long as the General Assembly so decides.
When to the administration, the social year of the Association should coincide with the calendar year.
These Statutes shall enter into force immediately after their approval.
Regarding cases not mentioned in these statutes, this Association shall be governed by the law in force in the count.