Statutes of Futebol Clube de Famalicão
APPROVED AT THE GENERAL MEETING OF 1990.03.17
(Name, headquarters, purposes and insignia)
Futebol Clube de Famalicão is a sports body recognized as a legal person of public utility, under the terms of Decree-Law No. 460/77, of 07 November, as stated in the Order published in the Official Gazette “Diário da República”, II Series, No. 48, of 27 February 1988.
Its purpose is the sporting, cultural and recreational practice of its members in particular and of the population in general.
- 1 – It may engage in any lucrative activity with a view to achieving its purposes.
- 2. – It is not involved in expressions of a political or religious nature, and its premises may not be used for purposes other than those referred to in this article.
The insignias of the club are as follows:
- a) EMBLEM – In the shape of a shield, with a blue and white background, with the left half being blue and the right half white, surrounded by a silver upper band with the initials F.C.F. and by a silver laurel wreath with the points turned upwards on both sides.
- b) FLAG – Blue and white, with the emblem in the middle, and blue on the left half and white on the right.
As blue and white are the traditional colours of the club, the kit to be worn by the athletes will consist of a white shirt with the collar and sleeve cuffs or puffs in blue, and blue shorts.
- 1 – When it is necessary to change the strip, due to a regulatory imposition of any event or other justifiable reason, one or both traditional colours should be adopted.
- 2. – An advertising emblem may be placed on the kit.
Members of Futebol Clube de Famalicão may be natural or legal individual people who have been proposed and satisfy the requirements of these statutes.
- Único – Não poderão ser admitidas pessoas coletivas cuja atividade se situe no âmbito das restrições consignadas no § 2.º do artigo 2.º
The number of members is unlimited. The Board of Directors may suspend member admission when this is in the interests of the Club.
The rights of the members are as follows:
- a) Take part in general meetings;
- b) Vote and be voted for positions in the club;
- c) Request the convening of General Meetings;
- d) Examine books, accounts and other documents related to any financial year, in the ten-day period prior to the date set for the respective General Meeting;
- e) Receive the management report and accounts, upon request;
- f) Propose the admission of members;
- g) Access the Club premises, as well as use them in accordance with the internal regulations and the determinations of the Board of Directors
- Sole sub-paragraph – The rights consigned in sub-paragraphs a) to e) are limited to members at least 18 years of age, who have been members for more than 6 months, except for eligibility for election, only granted to those who have been members for at least one year, provided they are not foreigners.
The duties of the members are:
- a) Pay their annual subscriptions and contributions in accordance with the Statutes;
- b) Honour the club and uphold its prestige;
- c) Report any change of residence and location for the collection of subscriptions;
- d) Show or present their membership card when requested, and not allow it to be used by any other person;
- e) Not interfere with the board of directors when carrying out their activities.
The amounts payable for membership fees and entrance fees shall be fixed by the General Meeting.
- 1 – The Board of Directors may, through a reasoned decision recorded in the minutes, unanimously decide to make use of the faculty provided for in the body of this article, having mandatorily heard the opinion of the Board of Governors of Famalicão.
- 2. – The Board of Directors may, within each financial year, establish fee exemption periods under the terms of the previous paragraph.
- 3. – Members under 12 years of age and those representing the club in official competitions as amateurs shall be exempt from the payment of fees for as long as they maintain that status.
Membership fees are due on the first day of the month to which they refer and must be paid within the same period.
- Sole sub-paragraph: When a member joins in the second half of the month, the first subscription to be paid shall be that of the following month.
There are members with Boxes, Central, Side and Upper Area Seating.
- Sole sub-paragraph – Retired members, ladies and minors pay 50% of the value of the membership fee and the entrance fee corresponding to their category.
The following recognitions exist for members and athletes:
- a) Recognition from the Board of Directors;
- b) Recognition from the General Meeting;
- c) Silver badge;
- d) Gold badge.
- Sole sub-paragraph – The silver and gold badges will be awarded to members and athletes who, due to their special devotion to the club and relevant services rendered, are worthy of such a recognition, and also to members with 25 and 50 years of uninterrupted membership, respectively.
The General Meeting, following a proposal from the duly formed Board of Directors and having mandatorily heard the opinion of the Board of Governors of Famalicão, may make the following awards:
- a) MEMBERS OF MERIT, to members who distinguish themselves for (relevant) services rendered to the Club;
- b) HONORARY MEMBERS, to those natural or legal persons who, not being members, have rendered relevant services to the Club, namely through material assistance, and therefore deserve the Club’s gratitude;
- c) The General Meeting may award an Honorary Chairperson diploma to members who, in their capacity as Chairperson of any of the Club’s bodies, have been deemed worthy of such a distinction.
- Sole sub-paragraph – The assigning of this award will always require the unanimous assent of the serving Chairpersons of the Club’s Governing Bodies.
In cases where those proposed are serving a term of office, they will not have a vote in this matter.
Members who infringe the statutes or internal regulations of the club and who, within the premises of the club or those used by the club, utter expressions or commit acts that constitute crimes punishable by Law, as well as those who practice or incite the practice of acts that result in any punishment to the club, will incur the following penalties:
- a) Warning;
- b) Registered reprimand;
- c) Suspension up to one year;
- d) Ban.
- 1 – The application of the sanctions provided for in the BODY of this article fall within the competence of the Board of Directors.
- 2. – The decisions of the Board of Directors may always be appealed to the Chairperson of the General Meeting and must be presented and justified within 15 days from the date of notification.
- 3. – For the purposes of the provisions of sub-paragraph d) the Chairperson of the Board of the General Meeting must compulsorily convene the body within 60 days to deliberate on the appealed matter in the final instance.
Members may be readmitted or not penalised if:
- a) They have resigned at their own request;
- b) Have been removed through non-payment of their fees, provided that they pay the outstanding amounts, plus the fee in force at the time of readmission.
- Sole sub-paragraph – The reinstated member shall not be entitled to regain his or her previous membership number, unless, after decision of the Board of Directors, he or she reimburses the club for all outstanding debts and no numerical update as provided for in the statutes has occurred.
Every member is given a number according to the order of registration.
In years ending in five and zero the updating of membership numbers will be carried out under the supervision of a delegate of the Supervisory Board appointed by its Chairperson.
- 1 – Once the updating operation has been concluded, a list of members with the new and old numbers will be put up at the head office for thirty days, during which any member may complain to the Chairperson of the Board of Directors if he/she is affected by the new numbering.
- 2. – The decision on the complaint referred to in the previous paragraph is subject to proceedings that have a suspensory effect made to the General Meeting.
Members shall be excluded from membership, independently of disciplinary proceedings, and by deliberation of the Board of Directors, who, having three late subscription fees and having been advised to pay them by registered letter with acknowledgement of receipt, do not remedy the situation within fifteen days.
- Sole sub-paragraph – This decision may be appealed under the terms of paragraph 2 of Article 14.
(Economic and Financial Activity)
The economic and financial management accounts shall clearly show the economic and financial situation of the club and shall be supplemented by statistical data showing its development.
The annual financial year shall run from 1 January to 31 December.
The balance sheet and profit and loss accounts for each financial year shall be drawn up within 30 (thirty) days from the respective closing date and shall be submitted to the General Meeting together with the activity reports.
The income and expenditure budget for each financial year must be presented to the Supervisory Board up to 15 days prior to the General Meeting at which it is to be discussed, having mandatorily heard the reasoned opinion of the Board of Governors of Famalicão.
The overall amount of budgeted expenses can only be exceeded in each economic year following a proposal from the Board of Directors, expressly authorised by the Famalicão Board of Governors.
The governing bodies of the club are the General Meeting, the Famalicão Board of Governors, the Board of Directors and the Supervisory Board.
The Board of the General Meeting, the Board of Governors, the Board of Directors and the Supervisory Board are elected for a period of 2 years.
- Sole sub-paragraph – The term of office may be reduced to a period of 1 year for any of the Club’s governing bodies as long as this is decided at a General Meeting.
Re-election of the governing bodies is permitted.
The mandate of the governing bodies only ends when their successors take office.
In the event of early elections, the elected governing bodies will serve a new term of office.
Decisions of the governing bodies shall be taken by a majority of the members present, except when the statutes or the General Law provide for a qualified majority, with the respective Chairperson having the casting vote.
Deliberations shall be recorded in the minutes, in the appropriate book, which shall be submitted for approval at the following meeting, and may be approved immediately, in line with the prepared wording.
Members who have suffered any disciplinary sanction shall be ineligible for office, unless, in the cases of sub-paragraphs a) and b) of Article 14, they have become members once again in a General Meeting
Members of governing bodies who leave office or incur any of the penalties provided for in Article 14 of the Statutes shall lose their mandate.
- 1 – Three consecutive absences or five unjustified alternate absences from meetings of the respective bodies shall be considered as cessation of office, and the Chairperson of the body shall inform the Chairperson of the General Meeting of this fact.
- 2. – Decisions and the enactment of dismissal of members of the governing bodies is the responsibility of the Chairperson of the Board of the General Meeting.
- 3. – The Chairperson of the Board of the General Meeting may only resign at a meeting of that body expressly set up for that purpose.
The members of prior governing bodies shall be jointly and collectively liable for the acts practised by the respective body, unless they dissociate themselves from such acts in an express statement drawn up in the minutes of the meeting where such acts are deliberated.
The liability stated in the previous article ceases when the aforementioned acts are submitted for approval by the General Meeting and receive a favourable opinion from the Board of Governors of Famalicão.
Acts or resolutions of the governing bodies that are contrary to the statutes, regulations or resolutions of the General Meetings are null and void and have no effect on the Club, and the directors who are involved in them shall be jointly and severally liable for them.
The reconstitution of the governing bodies will be carried out as follows:
- a) In the absence of the Chairperson of any temporary or definitive governing body, one of the Vice-Chairpersons chosen by the members of the respective body shall undertake that function.
- b) The resignation of one half plus one of the members of any body, with the exception of the General Meeting, leads to the cessation of the respective body and consequently the scheduling of early elections.
Holding any office in the governing bodies of Futebol Clube de Famalicão is incompatible with holding any office in other clubs affiliated to the Portuguese Professional Football Federation.
The General Meeting is made up of all the members who are at least 18 years of age in full enjoyment of their rights.
- Sole sub-paragraph – Each member shall be entitled to one vote, regardless of seniority.
The General Meeting will ordinarily meet up to 30 days before the end of each year and within 90 days following the end of each year, to:
- a) Elect the Board of the General Meeting, the Board of Governors of Famalicão, the Board of Directors and the Supervisory Board;
- b) Vote on the income and expenditure Budget for the following year;
- c) Discuss and vote on the report and accounts for the previous year;
- d) Assign the distinctions provided for in articles 12 and 13 of the Articles of Association;
- e) Apply the sanctions provided for in these Statutes and decide on the appeals lodged against it;
- f) Interpret, amend or revoke the Club’s Statutes and regulations, ensure compliance with them and resolve any cases not covered by them;
- g) Deliberate on other matters on the Order of Business.
It shall meet extraordinarily, at any time, for the purposes set out in sub-paragraphs d) to g) of the preceding article, or others provided for in these Statutes:
- a) By initiative of the Chairperson of the General Meeting;
- b) At the request of the Board of Directors or the Supervisory Board;
- c) At the request of 100 members in the full enjoyment of their rights, provided that at the time of submitting the request, they deposit in the Club’s Petty Cash Office the necessary amount to cover the inherent expenses.
- Sole sub-paragraph – In the case of sub-paragraph c) the Meeting will not start without the presence of 4/5 of the requesting members.
General Meetings shall be convened by means of announcements published in at least one of the most widely read newspapers in the district of Vila Nova de Famalicão and by notices posted at the Club’s main office, both with a minimum notice period of 8 days, or 30 days in the case of Electoral Assemblies.
The General Meeting can only take place with a minimum of 100 members.
- Sole sub-paragraph: When this is not the case, the meeting will take place 1/2 hour later with the number of members present, through a second role call, if the notice convening the meeting so determines.
A Mesa da Assembleia Geral compõe-se de 1 Presidente, 2 Vice-Presidentes e 1 Secretário.
The duties of the Chairperson of the Board of the General Meeting, who shall be substituted in his/her absence or impediments by the Vice-Chairperson, are to:
- a) Convene the General Meeting, indicating the respective agenda;
- b) Chair its meetings;
- c) Induct the elected members into office, through a report;
- d) Sign the opening and closing statements of the books of the institution and initial all their pages.
The secretaries shall be responsible for the business of the meeting, the taking of notes and such other duties as the Chairperson may determine.
The absence of members and substitutes shall be made up by the General Meeting itself, which shall appoint from among the members present those necessary to complete and constitute it.
Board of Directors
The Board of Directors is the executive body of the Club and is composed of an odd number of members, having a Chairperson, a Vice-Chairperson, a Secretary-General and a Treasurer, the others being able to undertake one of these designations, except for the Chairperson.
- Sole sub-paragraph – The number of directors shall be fixed by the Chairperson of the Board of Directors.
Should it not be possible to elect the Board of Directors, it may be replaced by a Steering Committee, elected by the General Meeting and composed of an unlimited number of members, who will undertake all the functions of that body.
In addition to its duties under the law, the Board of Directors is empowered to:
- a) Comply with and enforce the statutes, internal regulations and the deliberations of the other governing bodies;
- b) Admit members and exclude them, in accordance with the statutes;
- c) Grant commendations and propose to the General Meeting the other provisions and awards provided for in the statutes;
- d) Exercise disciplinary power in accordance with Article 14;
- e) Readmit members and propose to the General Meeting their readmission, under the terms of the Statutes;
- f) Collect revenue and order expenditure in accordance with the budget;
- g) Hear the Board of Governors of Famalicão and the Supervisory Board whenever it deems appropriate or is requested to do so, to present the Budget for the following Financial Year up to 15 days before the General Meeting in which it will be considered, or any other aspects that may be requested by the Board of Governors of Famalicão;
- h) Request that an Extraordinary General Meeting be convened.
- Sole sub-paragraph – In all acts that imply liability for the club, the signature of the Chairperson of the Board of Directors and the Vice-Chairperson, or whoever replaces them in their absence or unavailability, with the Supervisory Board of Famalicão being informed thereof.
The Board of Directors shall meet ordinarily at fixed times, under the terms it deliberates to do so, and extraordinarily when convened by the Chairperson.
In his/her absence, the Chairperson shall be replaced by the Vice-Chairperson and, in the absence of the latter, by the Director he/she appoints.
This is made up of three members, one being the Chairperson and the others the Vice-Chairpersons.
It is incumbent upon the Supervisory Board to:
- a) Give its opinion on any matter proposed by the Board of Directors concerning the management of the Club, namely on the report and accounts to be submitted to the General Meeting;
- b) Request the convening of a General Meeting when this is deemed necessary;
- d) Conduct disciplinary proceedings and inquire into acts that the club’s governing bodies deem worthy of investigation;
- e) Attend meetings of the Board of Directors, without the right to vote.
Board of Governors of Famalicão
The Board of Governors of Famalicão is made up of nine members, six of whom are elected from their own lists at the General Meeting, and the others are elected by virtue of their office as Chairperson of the other governing bodies of the Club.
- a) The Board of Governors of Famalicão may appoint as many members as it sees fit, in conformity with and respect for the internal regulations to be approved by the General Meeting;
- b) The rights, obligations and powers of the Board of Governors of Famalicão are those arising from this statute.
ARTICLE 55 ARTICLE 56 ARTICLE 57
The location of the Club’s main office, its purposes, and traditional symbols may only be altered or revoked by a vote of 4/5 of the members present at the General Meeting, expressly convened for this purpose.
This Statute revokes any other Statute.