Statutes
Reviewed and approved by the General Assembly on July 21, 2024
CHAPTER I
DESIGNATION AND THE LIKE
ARTICLE 1
1. - The association called Associação Portuguesa do Cão da
Serra da Estrela, hereinafter referred to as APCSE, with headquarters at Rua Vale de
Nogueira, No 13, 1685-559 Caneças and lasting indefinitely, is constituted.
2. - The Board may change its headquarters to any point in the national territory,
as long as the interests of this Association are safeguarded.
3. - APCSE may create and terminate delegations whenever and wherever it sees fit, for
simple deliberation of the Board.
ARTICLE 2
APCSE is an association of individual and legal persons and its
objectives the improvement, dissemination, promotion and appreciation of the breed
Estrela Mountain Dog, as well as support for its research without
any profit-making purposes.
ARTICLE 3
1. - In order to pursue its objectives, APCSE proposes to carry out, namely, the following actions:
a) The survey at regional and national level of all types and specimens likely to contribute to the preservation and improvement of the breed;
b) The historical and biological study of the breed and its uses;
c) The creation of a Technical Committee, which may include individual persons, collective entities or representatives of official bodies, which the Association Board considers with technical suitability capable of contributing to the pursuit of the objectives defined in these Statutes and regulated by rules that will be proposed by this Technical Committee for approval by the General Assembly;
d) The creation, by decision of the Board. of other relevant commissions for the pursuit of the Association's objectives.
e) The creation of its own Stud Book, which, without prejudice to the records carried out by the Portuguese Kennel Club, while this entity is officially the holder of the Portuguese Book of Origins, will register specimens that are at least twelve months old and meet the requirements defined by the Regulation referred to in the previous paragraph;
f) Defend the interests of the Cão da Serra da Estrela breed before the public entities.
g) Provide technical and material assistance to breeders and friends of the Cão da Serra da Estrela breed whenever possible.
h) Promote or collaborate in shows, competitions, work tests, conferences, seminars and other initiatives of a scientific, pedagogical, health, cultural or sporting activities that, in some way, may contribute to better knowledge, protection or use of dogs in general and the Cão da Serra da Estrela in particular;
i) Take measures to get the Portuguese Kennell Club to keep from judging te breed judges who do not deserve the APCSE Board's trust;
j) Collaboration with all associations, bodies or individuals who intend to publicize the Cão ds Serra da Estrela;
l) Report to the authorities or take to court all those who, by fraudulent means, contribute to the discredit of the good name of the breed;
m) Edit a periodic publication about the breed
2. – The APCSE must remain affiliated with the Portuguese Kennel Club.
3. - The APCSE may, if it so chooses, join other associations counterparts.
CHAPTER II
“THE MEMBERS”
ARTICLE 4
The APCSE is made up of founding members, effective members, honorary, young members and family members.
1.- It is made up of an unlimited number of members who will be admitted by the Board as long as their application meets the following conditions:
a) Be in full use of their civil rights;
b) Be ready to pay the fee and the dues that are defined in the General Assembly.
2. - The conditions in paragraph b) do not apply to all those who the General Assembly, upon proposal of the Board, decides to admit as members fees for having contributed significantly to the pursuit of objectives of this Association.
ARTICLE 5
1. - In addition to the founding members, effective members are natural persons or collective ones admitted by the Board.
2. – The founding members are those listed in Minutes no. 1 of the General Assembly of January 23, 1987 (Copy attached).
3. - Honorary members of the APCSE are natural or legal persons, national or foreign, who have provided relevant and exceptional services to the Cão da Serra da Estrela and are proclaimed in the Assembly General upon a reasoned proposal from its President or the Board.
4. - Honorary members are exempt from paying fees and dues.
5. - Effective members who are shepherds and keepers of Estrelas will be exempt from paying the registration fee.
6. - All those who are under 18 years old will be admitted as young members, being exempt from registration fee and paying only half the annual due, having the right to vote from the age of 16 and being exempt from registration fee if, after becoming 18 years old, they remain effective members.
7. - Two or more members of the same household will be admitted as family-members and will pay a single registration fee and a single annual fee.
8. - Refusal to admit any proposed partner must be reasoned by the Board, and such decision may be appealed to the General Assembly.
ARTICLE 6
1. - The rights of all effective members are:
a) Elect the Corporate Bodies and be elected to them;
b) Participate in the General Assembly, taking an active part in the work and exercising the right to vote;
c) Request the President of the General Assembly to convene extraordinary meetings of the General Assembly or the inclusion of matters in the agenda, in accordance with article 13, § sole paragraph;
d) Any other benefits and responsibilities granted by the Board.
2. - The obligations of all effective members are:
a) Contribute to the development of the Cão da Serra da Estrela and the APCSE, participating in and supporting the activities promoted by it;
b) Comply with the statutes and deliberations of the General Assembly and other Corporate Bodies;
c) Pay punctually, by January 31st of each year, the fees that are due.
d) If breeders of the Cão da Serra da Estrela, contribute to the improvement of breed, carrying out conscious matings of their specimens, taking into account the breed standard, fitness, temperament and health, and not adopt procedures harmful to the breed (such as the sale, or facilitation thereof, of puppies meant to mate with dogs of other breeds, without an express consent from the Portuguese Kennel Club).
Sole § – Effective members enjoy the benefits conferred by the current statutes as long as they have the due fees up to date.
ARTICLE 7
1. - Members of any category may be excluded at their request by written or upon proposal from the Board, based on non-compliance with their statutory obligations or for having been the subject of a disciplinary sanction from the Portuguese Kennel Club and subject to ratification by the General Assembly.
2. - The Board reserves the right to automatically exclude effective members who, having not payed their fees, do not fully regularize the situation within 60 days from receipt of registered letter with acknowledgment of receipt sent for this purpose to the address indicated by the APCSE files.
ARTICLE 8
Members will contribute financially to the Association, with a registration fee and the annual dues to be defined by the General Assembly.
CHAPTER III
Corporate Bodies
ARTICLE 9
Governing bodies of the APCSE are
a) The General Assembly;
b) The Board;
c) The Fiscal Council.
ARTICLE 10
1. - The General Assembly is the APCSE's supreme body and is made up of all members in full use of their rights
2. - The Board of the General Assembly is made up of a President, a Deputy President to replace them in their absences and impediments and a Secretary.
ARTICLE 11
The Board is the body responsible for the administration of he APCSE and consists of a President and four Vice-presidents.
ARTICLE 12
The Fiscal Council is the supervisory body of the APCSE, it is made up of a President and two Members and will be represented at the General Assembly meetings by the President or one of its Members in which its representation has been delegated.
Section I – General Assembly
ARTICLE 13
The General Assembly is directed by the respective board and is made up of all members in full use of their rights and who are not in default and it is up to them to deliberate on all matters not included in the responsibilities of the other bodies of the Association, in particular:
a) Elect and dismiss, by secret ballot, the members of the Board of the General Assembly, Board and Fiscal Council;
b) Define the essential lines of the Association's activities;
c) Approve mangement accounts;
d) Decide on the amendment of the Statutes and the extinction of the Association, in general terms of law;
e) Establish the amounts of the registration fee and the minimum annual fee, proposed by the Board;
f) Decide on proposals for the appointment of honorary members, ratify the suspension for a period of up to one year and the exclusion of effective members, exclude honorary members and analyze the refusal to admit any proposed member.
g) Deliberate on any matter within the competence of the Board that the latter decides is necessary to submit for their consideration, as well as, in general, regarding any matter not included in the responsibilities of other associative bodies;
h) Deliberations on changes to the Statutes require a favorable vote of three quarters of the number of members present;
i) Deliberations on the dissolution or extension of the legal person require the favorable vote of three quarters of all members in full use of their rights.
General Assembly meetings are ordinary and extraordinary, and must be convened by letter, which must include the work agenda and will be sent to members at least thirty (30) days beforehand. For this purpose, the mailing date counts.
The General Assembly will meet:
ordinarily until March 31 of each year, for discussion and voting on the previous year's management accounts and the opinion of the Fiscal Council and will deal with any other matters included in the notices;
and extraordinarily, whenever its President convene, on their own initiative, at the request of the Board, the Fiscal Council or a group of members in a number equal to or greater than the legally minimum required.
The Electoral Assembly will coincide with the Ordinary General Assembly of presentation of accounts.
Sole § – Any matters whose inclusion is requested at least twenty (20) days beforehand by at least 5% of members in full use of their rights will always be included by the President of the General Assemby Board in the order of proceedings of any General Assembly, whether ordinary or extraordinary. To the effect counts the mail date,
ARTICLE 14
The Electoral Assembly will meet on the day, time and place previously arranged and It will start when the majority of effective members are present. If passed half an hour there is still no quorum, the meeting will take place with any number of effective members present.
The General Assemblies will be held by video conference on the day and time determined, with the link being sent to all effective members, so that they have access. If after half an hour there is still no quorum, the meeting will begin with any number of full members present.
ARTICLE 15
1. - In the General Assembly, in any acts other than elections for corporate organs, treasury, finance, identity acts, only effective members can vote, who may however be represented by another member, provided that for this purpose the interested party sends a signed letter to the President of the General Assembly Board indicating the name and membership number of his/her representative.
2. - For the purposes of the previous paragraph, each member may not hold more than a mandate.
3 – In the General Assembly election, each and every vote must be in person.
Sole § – Regarding Point 2, the member who is a legal person will represented by an accredited delegate, who may not represent more than one legal persons.
ARTICLE 16
Each effective member has one vote
ARTICLE 17
1. - The Board of the General Assembly is responsible for:
a) Direct the meetings of the General Assembly;
b) Keep minutes of each meeting.
2. - If during the respective mandate there is an permanent impediment , forfeiture due to exclusion as an effective member, resignation or request of dismissal, in whole or in part, from the board of the General Assembly, the Board can co-opt other members from among the effective members, and this choice must be ratified at the first ordinary meeting of the General Assembly or in another specially convened for this purpose.
Section II – Board
ARTICLE 18
1. - The Biard as a whole is responsible for full compliance with the statutes, for the custody and administration of funds and assets and for the representation of the APCSE, in and out of court, and is also responsible for:
a) Present to the General Assembly, in an ordinary meeting, the plan for activities, the report and accounts of its activity and the activity of the Technical Commission, and other possible committees that the Board decides to create.
b) Implement the deliberations of the General Assembly;
c) Ensure the full implementation of regulations;
d) Hire, admit or fire employees and establish their remunerations;
e) Purchase books and other publications about the Cão da Serra da Estrela and organize their library;
f) Admit full members, young members, family members and establish the values of the registration fees and annuak fees to be submitted for ratification by the General Assembly.
g) Fulfill other functions assigned to it by statutes and by regulations and deal with all other matters relating to the operation of the APCSE in general, which do not constitute the exclusive competence of the Assembly General.
2. – The APCSE is obliged and bound by the signature of two members of the Board, as long as one is the Vice-President responsible for the financial area matters within their competence.
ARTICLE 19
1. - The specific duties of the Board members are as follows:
a) The President of the Board, who will establish the link between the Board, the General Assembly and the Fiscal Council and who should, in addition to the duties that these statutes and other regulations grant to them, represent the APCSE in all official acts, convene and preside over Board meetings, assign specific functions for the Vice-Presidents, enforce the Board's decisions, resolve matters that should not be submitted to the General Assembly and appoint the Vice-President who, in each case, will replace them in their fouls or impediments.
b) A Vice-President will be responsible for the financial area of the APCSE
c) The remaining Vice-Presidents will be assigned functions to be established by the Direction.
2. – Deliberations will be taken by majority vote of the holders present, with the President having a casting vote, in addition to his vote in the event of draw.
3. - If during the respective mandate there is an permanent impediment, forfeiture due to exclusion as an effective member, resignation or request dismissal of one or more members of the Board, up to a maximum of two and except the President, the Board may co-opt other members from among effective members, and this choice must be ratified at the first General Assembly meeting ordinary.
ARTICLE 20 1. - The Board, on its own initiative or upon proposal from the Technical Committee, has the right to carry out any investigations that it deems appropriate for the good of the Cão da Serra da Estrela and discipline, sending them to the General Assembly, which is the competent disciplinary body.
2. - The Board will have disciplinary powers and competence over any effective member, young member and family member to punish with verbal or recorded admonition, due to lack of correction, discipline or similar act, of small severity.
Section III – Fiscal Council
ARTICLE 21
1. - The Fiscal Council is responsible for:
a) Examining, whenever deemed necessary, the APCSE’s accounting and corresponding documents.
b) Issuing an opinion on the Report and Accounts to be submitted by the Board to the General Assembly;
c) Requesting, when deemed necessary, the convening of the meeting extraordinary General Assembly.
2. - The Fiscal Council will be convened by its President and the meeting may be held by video conference and can only deliberate in the presence of the majority of its members. Decisions are taken by majority vote of the holders present, with the president, in addition to his vote, having the right to cast a tiebreaker
3. - If during the respective mandate there is an permanent impediment, forfeiture due to exclusion as an effective member, resignation or request dismissal, in whole or in part, from the Fiscal Council, the President of the General Assembly must convene an extraordinary assembly for the election of a new Fiscal Council, whose mandate will run until the end of the three-year-term after the previous ordinary Assembly that elected all corporate organs.
CHAPTER IV
Funds
ARTICLE 22
1. - The following constitute the APCSE's own funds and are managed by it:
a) The proceeds from fees, dues and other regular contributions paid by members, under the terms of these Statutes;
b) Revenues from services provided by APCSE;
c) Subsidies from any public or private entities;
d) Income from own assets;
e) The product of events and other activities;
f) The proceeds from the sale of publications, editions and merchandising articles, as well as copyright;
g) Any other income, benefits, donations, inheritances and legacies assigned to it and
h) Interest on assets or capitalized values.
2. - Dues are annual and indivisible and must be paid by January 31st of the year to which they relate or together with the registration fee, at the time of the proposal of admission.
CHAPTER V
Elections to Social Bodies
ARTICLE 23
1. - The lists of candidates must be delivered to the President of the General Meeting at least 20 days before the scheduled date for the elections, and it is up to them to arrange for the respective posting in specific location, which could be the APCSE website or its official page on Facebook.
2. - Fifteen days before the date scheduled for the elections of the Governing Bodies, lists containing the names of all effective members who may be elected at the time will be posted in a specific location (which may be the APCSE website) by initiative of the Chairman of the Board of the General Assembly.
3. - Elections will be carried out by secret ballot and through lists for corporate bodies, which will include the names of the members nominated for the filling the respective places.
4. - Along with the lists of candidates, their proposers must deliver, in a closed envelope addressed to the President of the General Assembly Board, the Board's action program, which will also be posted until the date of the elections.
5. - Voting by correspondence is not permitted.
6. – If only a single list is presented to the General Assembly, it will have to be obtain more than fifty percent of votes in favor.
Sole § – If no candidate list appears within the indicated period, the President of the General Assembly may accept lists created in the same Assembly.
ARTICLE 24
The members of the General Assembly Board, of the Board of Directors and of the Fiscal Council will be elected for a period of 3 years, after which a new electoral process will begin.
ARTICLE 25
The members of the governing bodies take up their positions until the 15th of the month following that in which they were elected.
CHAPTER VI Dissolution and Liquidation
ARTICLE 26
1. - the APCSE is dissolved by resolution of the General Assembly involving the favorable vote of at least three quarters of the total number of members in full use of their rights.
2. - In case of dissolution, the General Assembly that votes on it will decide also on the form and deadline for settlement, as well as the destination to be given to the heritage.
CHAPTER VII Omissions
ARTICLE 27 Where these Statutes are omitted, the provisions of the Civil Code and other legislation on associations will apply, and will be resolved in the General Assembly.
