STATUTES
CHAPTER I
GENERAL PRINCIPLES
ARTICLE 1
Definition and Nature
1. The Portuguese Cricket Federation is a collective private entity, and it is intended as a public sporting utility(Utilidade Publico Desportiva), constituted as a non-profit making association, governed by these Statutes and complementary Regulations.
2. The Portuguese Cricket Federation is a uni-sports Federation, exclusively competent to organise and supervise cricket competitions in Portuguese territory, developing its activities and competences throughout the national territory.
ARTICLE 2
Duration and Head Office
The Portuguese Cricket Federation, hereafter called F.P.C. has its head office at Rua João Saraiva n.º 36, 1700-250 Lisboa, in Lisbon, and will continue indefinitely.
ARTICLE 3
Object and Registration
The objects of the F.P.C. are:
1. The promotion of the game of cricket and the organization of techniques and competitiveness in respect of the same.
2. The regulation, organizing, and directing of the practice of cricket.
3. The spreading and respecting of the laws of the sport throughout the national territory.
4. The encouragement and support of the teaching of players, officials and organizers.
5. Representing and defending the interests of the sport before public and private entities, sporting or otherwise, and before the Portuguese Olympic Committee and the Portuguese Sports Confederation.
6. Representing the sport at international level and promoting exchanges with similar foreign entities.
7. Ensuring compliance with these Statutes and any complementary Regulations that may be established.
8. Obtain the Statute of a collective person of Public Sport Utility.
9. The F.P.C. may delegate to Clubs or Club Associations the promotion and development of the sport at a regional level.
10. Only practitioners registered with the Federation, and licensed by it, will be allowed to enjoy the regulatory rights and benefits, or participate in the competitive frameworks held under the auspices of the Federation, Clubs and Associations.
11. All sports agents must register with the Federation, through their representative Clubs or Associations, without prejudice to the provisions of article 6 of these statutes.
12. The Clubs will obligatorily register all their practicing members in the Federation, under the terms of the Regulations in force.
ARTICLE 4
Symbols
The F.P.C. shall have a flag and an emblem as symbols, to be approved by the General Assembly.
CHAPTER II
CONSTITUTION
ARTICLE 5
Definition
The F.P.C. shall be made up of:
1. Members
2. Officials
CHAPTER III
MEMBERS – THEIR RIGHTS AND DUTIES
ARTICLE 6
Categories of Members
The F.P.C. shall admit the following categories of members:
1. Full Memebers (collective and individual)
2. Distinguished Members
3. Honorary Members
ARTICLE 7
Full Members
1. Are effective collective members of sports clubs, the entities holding cricket fields and the regional associations of clubs in Madeira and the Azores affiliated with F.P.C.
2. Individual effective members are players and coaches, affiliated with F.P.C. directly or via clubs, representatives of sports agents, as well as umpires affiliated with F.P.C.
ARTICLE 8
Distinguished Members
Distinguished Members of the F.P.C. shall be individuals or corporate entities who, by acknowledged merit in their involvement, have contributed notably to the good name of cricket.
ARTICLE 9
Honorary Members
1. Honorary Members of the F.P.C. shall be individuals or corporate entities who have provided appropriate services to the encouragement and promotion of the game of cricket.
2. The former Presidents of the Federation will have the lifetime category of Honorary President, with the corresponding rights to those of an honorary member, in addition to others provided for in these Statutes and Regulations.
ARTICLE 10
Admission of Members
1. The admission of Full Members shall be the responsibility of the General Assembly, upon proposal from the Directorate.
2. The admission of Distinguished Members and Honorary Members shall be the responsibility of the General Assembly, based on proposal of the Directorate or of a Full Member.
ARTICLE 11
Rights of Full Members
The rights of Full Members shall be:
1. To participate in competitions and activities organized by the F.P.C. or under its patronage, through their athletes for the respective season, in the terms defined by the Regulations;
2. To formulate proposals for the modification of the Statutes and Regulations in force;
3. To receive the documentation issued by the F.P.C. as well as information requested by the Directorate
4. To enjoy the benefits of a material or financial nature granted or to be granted by the F.P.C.
5. To claim or appeal against acts of the official bodies of the F.P.C. which they consider to be prejudicial to their rights;
6. To participate and vote at the General Assembly of the F.P.C and in the election of the official bodies;
7. To present or support lists of names at the Table of the General Assembly, with a view to the election of the official bodies of the F.P.C.
8. To present petitions of interest to the sport to the official bodies of the F.P.C.
ARTICLE 12
Rights of Distinguished and Honorary Members
The rights of Distinguished and Honorary Members shall be those indicated in paragraphs 3, 5 and 8 of the preceding Article, but without the right to vote.
ARTICLE 13
Duties of Members
1. All Members have the duty to comply and ensure compliance with the Statutes and Regulations of the F.P.C.
2. It is also the duty of Full Members to:
2.1 Comply with the decisions of the General Assembly and with the decisions of other official bodies of the F.P.C. without prejudice to the right to claim or appeal;
2.2 Pay the membership subscription and any other contributions that may be fixed, in the statutory terms and regulations;
2.3 Harmonize their regulations in conformity with legal requirements and in line with the Statutes and Regulations of the F.P.C.
2.4 Comply and ensure compliance with legal requirements or regulations in respect of the health and safety of their associates and athletes, and uphold the sporting spirit.
2.5 F.P.C. should be an affiliation of all players, coaches and other sports agents who, through it, wish to be affiliated with the F.P.C.
CHAPTER IV
THE OFFICIAL BODIES
SECTION 1
GENERAL PROVISIONS
ARTICLE 14
The Official Bodies
1. The F.P.C. shall carry out its aims and exercise its functions through the following bodies:
1.1 General Assembly
1.2 President
1.3 Directorate
1.4 Umpires Board
1.5 Fiscal Board
1.6 Disciplinary Board
1.7 Juridical Board
2. The official bodies of the F.P.C. shall be independent and responsible only to the General Assembly. They must, with the exception of the General Assembly, issue opinions when requested by the Full Members.
ARTICLE 15
Eligibility and Incompatability
1. Members of the official bodies of the F.P.C. may only be citizens of full age, fully capable, civilly and politically.
2. There may not be elected to the official bodies of the F.P.C.:
2.1 Incompetents or bankrupts;
2.2 Debtors to the F.P.C.
2.3 Directors, administrators, or owners of companies or enterprises which have a contract with the F.P.C.
3. The holding of directive offices in another Federation is incompatible with being the president or a member of the Directorate of the F.P.C.
ARTICLE 16
Mandates
1. The mandate of the members of the official bodies shall be for a period of four years.
2. Ceasing of individual mandates:
2.1 Members of the official bodies who fail to appear at the respective meetings three times consecutively or five times otherwise in any civil year shall lose their mandate.
2.2 Members who incur incompatibility in the terms of Article 15 will lose their mandate.
ARTICLE 17
Functioning
1. Upon a quorum being verified, and in the absence of any applicable special rules, resolutions are taken by a majority of the votes of the members present, the President having a casting vote.
2. Minutes shall be drawn up of meetings of the official bodies, signed by those present, with the exception of the General Assemblies, in which the minutes require only the signatures of the members of the Table.
ARTICLE 18
Responsibility
The members of the official bodies of the F.P.C. are civilly liable to it for damages caused by the failure to comply with their legal and statutory duties:
1. Such responsibility ceases with the approval of the Report and Accounts in the General Assembly, save in respect of facts which have been withheld from it or which, by their nature, do not have to be part of those documents;
2. The provisions of the preceding number are without prejudice to penal or disciplinary responsibility which the members of the official bodies of the F.P.C. may incur.
ARTICLE 19
Exoneration and Dismissal
Loss of mandate occurs in respect of:
1. Members of the official bodies who present their resignation to the President of the respective body, upon such resignation being accepted, or who come into the situations described in paragraph 2 of Article 15;
2. In the case of the President of an official body, the request for resignation must be presented to the President of the Table of the General Assembly.
SECTION II
THE GENERAL ASSEMBLY
ARTICLE 20
Definition and Composition
1. The General Assembly is the full meeting of the associates of the F.P.C., duly accredited, or with a valid power of attorney.
2. There will also form part of the General Assembly, designated by their own organizations on a national level, upon their being legally constituted in the terms of the law:
2.1 Representatives of the players;
2.2 Representatives of the technicians;
2.3 Representatives of other sporting agencies.
3. There shall be entitled to participate but without a vote:
3.1 Distinguished Members;
3.2 Honorary Members;
3.3 Representatives of work groups, or of the F.P.C. nominated by the Directorate, when in exercise of their duties, obligations or work.
4. In no case may a member of the General Assembly be entitled to exercise the right to vote in the name of more than one member or representative of the Assembly.
ARTICLE 21
Representation of Members
The class of Full Members shall have the right to three quarters of the votes of the General Assembly, with one quarter of the votes of the Assembly being allowed to the other entities representing the sporting agencies.
ARTICLE 22
Functioning
The General Assembly will meet in Ordinary and Extraordinary sessions.
1. The Ordinary General Assembly will meet annually:
1.1 By 15 th April to consider, discuss and vote upon the Report and Annual Accounts;
1.2 In the month of January, every four years, for the election of the official bodies;
1.3 By 30 th November to consider, discuss and vote upon the budget for the following year.
2. The Extraordinary General Assembly may meet:
2.1 By initiative of the Table of the General Assembly;
2.2 At the request of the President;
2.3 At the request of the Directorate;
2.4 At the request of the Fiscal Board;
2.5 At the request of the other official bodies, on legal or statutory grounds;
2.6 At the request of the Ordinary Members, within their rights, representing at least one third of their number.
3. Meetings of the General Assembly shall be convened by the President of the Table or by the President of the Federation, in the terms of the statutes, with minimum notice of fifteen days, by means of a convening notice addressed to the Members with an indication of the agenda.
4. The General Assembly will meet upon the first notice at the time indicated when there are present more than a half of the associates, and one hour later whatever the number.
5. The resolutions of the General Assembly shall be taken by a majority of votes of the Members present, whatever their number.
6. The approval by a qualified majority of three-quarters of the votes cast is required for resolutions relating to:
6.1 Alteration of the statutes;
6.2 Proposals for the admission of Distinguished Members and Honorary Members;
6.3 The granting of pardons;
6.4 The acquisition of immovable assets.
7. Secret voting will apply in respect of:
7.1 Voting for the election of the official bodies of the F.P.C.;
7.2 Voting following the matters indicated in paragraphs 6.2 and 6.3 above.
ARTICLE 23
Ambit
It shall be within the exclusive ambit of the General Assembly to:
1. Consider and approve the Report of Activities and the Accounts;
2. Discuss, consider and vote upon proposals for alteration of the Statutes and the Regulations, within the scope of the law;
3. Authorize the acquisition or disposal of immovable assets;
4. Elect the official bodies;
5. Accept, discuss and decide concerning proposals for honorary distinction;
6. Discuss and vote on motions;
7. Discuss and decide in respect of disciplinary proposals concerning associates who exceed the ambit of the official bodies;
8. Grant pardons or amnesties;
9. Consider and decide in respect of conflicts of competence between the official bodies;
10. Ratify proposals of the Directorate relating to the value of subscriptions;
11. Find and decide upon alternative solutions for the filling of the various official bodies, in the case of pressing need;
12. Ponder upon and decide in respect of any matters missing in these Statutes.
ARTICLE 24
Electing Assembly
1. The General Assembly for electing purposes must take place by 31 st January. It is the responsibility of the Table of the Assembly to organize and supervise the electoral process.
2. Lists of candidates, including those for all the official bodies, must be delivered by the end of the month of November of the year before the holding of the elections.
3. The outgoing official bodies must ensure the continued direction of the F.P.C., and must in this context present electoral lists for voting.
4. The lists must be signed by one or more ordinary member, in full possession of their rights.
5. The lists must be prepared showing the positions and those indicated.
6. Where irregularities are detected in the lists the Table of the General Assembly will inform the candidate for the President of the F.P.C. for the same to be corrected within a period of ten days, under penalty of the exclusion of all the lists.
7. Voting is nominal, electors being called to exercise their right to vote, without interrupting the proceedings.
8. In respect of any doubts raised during the voting the Table will decide, after consulting the Assembly if necessary, and in this latter case there shall be no appeal.
9. Upon the voting being concluded, the Table will scrutinize the counting and proclaim the results, after which the proceedings shall be closed.
10. Elected members will take up their posts within two weeks on a date and at a time to be announced by the President of the Table of the General Assembly.
SECTION III
THE TABLE OF THE ASSEMBLY
ARTICLE 25
Composition and Ambit
1. The Table of the General Assembly is the body responsible for directing the meetings of the General Assembly of the F.P.C., and shall consist of a President, a Vice-President and a Secretary.
2. It shall be the responsibility of the President of the Table to:
2.1 Convene the Assemblies and direct them;
2.2 Install the elected members of the official bodies;
2.3 Conduct scrutinies;
2.4 Prepare a list of the entities entitled to participate in the General Assembly with a right to vote and the number of votes attributed to them.
3. It shall be the responsibility of the Vice-President of the Table to:
3.1 Substitute the President if he is unavailable;
3.2 Help the President with his work responsibilities.
4. It shall be the responsibility of the Secretary of the Table to:
4.1 Draw up and sign the minutes of meetings, and to read out the texts and other documents presented in the course of the discussions;
4.2 Draw up the Acts of Taking Possession, and attend to all necessary details between sessions;
4.3 Receive requests to be heard, and verify the position and capacity of the speakers.
SECTION IV
THE PRESIDENT
ARTICLE 26
Ambit
1. The President shall represent the F.P.C., ensure its proper functioning, and promote collaboration between its official bodies.
2. It shall be the responsibility of the President of the F.P.C.to:
2.1 Represent the F.P.C. before public bodies;
2.2 Represent the F.P.C. before similar national, foreign and international entities;
2.3 Ensure the organizing and functioning of services, and the writing up of the books in the terms of the law;
2.4 Contract and direct personnel in the service of the F.P.C.;
2.5 Ensure the proper direction of federal business;
2.6 Represent the Federation before the Courts;
2.7 Preside at meetings of the Directorate;
2.8 Take part, when convenient, in the meetings of any federal bodies, being able to participate and discuss, but without the right to vote;
2.9 Convene, extraordinarily, the General Assembly of the federation, being able to participate in the terms of the preceding number.
SECTION V
THE DIRECTORATE
ARTICLE 27
Definition and Constitution
1. The Directorate, consisting of an unequal number of members, is the collective administrative body of the F.P.C. and shall comprise:
1.1 The President of the Federation;
1.2 A Vice-President;
1.3 A Treasurer;
1.4 A Secretary;
1.5 A voting member;
1.6 Two supplementary voting members.
2. The Federation is bound by the signature of two elements of the Board, one of the signatures being that of the President or the Treasurer.
ARTICLE 28
Ambit
The Directorate shall administer the Federation, being responsible for:
1. Represent the F.P.C. with the Public Administration;
2. Ensure the organization and functioning of the services, as well as the bookkeeping of books in accordance with the law.
3. Hire and manage personnel at the service of F.P.C.
4. Ensure the current management of federative businesses.
5. Controlling the activities at the national level.
6. Organising professional and non-professional sporting competitions.
7. Naming the National Coach.
8. Organising the national teams.
9. Ensuring the exercise of the rights and duties of the members.
10. Preparing the annual calendar of events.
11. Preparing and submitting annually the advice of the Fiscal Board, the budget, the balance sheet and the documents of the accounts presentation;
12. Administer the business of the Federation in matters which are not specifically attributed to other bodies;
13. Strive for the compliance with the statutes and the resolutions of the official bodies of the Federation.
SECTION VI
THE UMPIRES BOARD
ARTICLE 29
Ambit
It shall be the responsibility of the Umpires Board to coordinate and administer umpiring, approve the respective norms of conduct, establish the rules for the training of umpires and proceed to their technical classification.
ARTICLE 30
Composition
The Umpires Board shall consist of of three members (One President, One Vice-President and One Member), having not less than the minimum umpiring qualification.
SECTION VII
THE FISCAL BOARD
ARTICLE 31
Definition and Constitution
1. The Fiscal Board is the controlling body for acts of financial and economic management of the F.P.C. and shall consist of:
1.1 A President;
1.2 An Accountant;
1.3 A Secretary.
2. The Accountant will substitute the President in his absence;
3. When one of the members of the Fiscal Board does not have the qualification of an Official Accounts Auditor the accounts of the F.P.C. shall be compulsorily certified by an Official Accounts Auditor before being approved by the General Assembly.
ARTICLE 32
Ambit
The Fiscal Board shall:
1. Control the acts of financial administration of the Federation, and the compliance with the Statutes and the applicable legal provisions.
2. Issue an opinion on the Budget, Balance Sheet and documents of the accounts before their presentation to the General Assembly, such opinion being obligatorily part of the Report and Accounts.
3. Verify the good order of the Books, Accounts Registers and supporting documents.
4. Follow the functioning of the F.P.C. and making checks either on their own initiative or at the request of other official bodies, informing the appropriate bodies of any irregularities coming to light.
SECTION VIII
THE DISCIPLINARY BOARD
ARTICLE 33
Definition and Constitution
1. The Disciplinary Board is the body with the sporting disciplinary power of the F.P.C.
2. The Disciplinary Board shall consist of three members, with the President being a qualified lawyer.
ARTICLE 34
Ambit
1. The Disciplinary Board shall be responsible for considering and punishing infringements of entities and players who come within the ambit of the F.P.C., in accordance with the various sporting and allied regulations and the law in general.
2. There shall be included in the spirit of the preceding point Associates, Players, Coaches, Managers and other Sporting Agencies connected to the sport, in the terms of the Disciplinary Regulations;
3. The preparation and alteration of the Disciplinary Regulations shall be the responsibility of the General Assembly, based on a proposal of the Disciplinary Board.
4. The deliberations of the Disciplinary Board, under the terms of the previous number, must be preceded by the hearing of the defendants in a disciplinary process.
5. It is also incumbent upon the Disciplinary Board to issue an opinion on:
a) The disciplinary regulation and its amendments;
b) Proposals for awarding decorations or awards that are based on sports ethics;
c) Other general and abstract questions submitted to it by the President or Board of the Federation.
6. The Disciplinary Board meets whenever called by its President.
7. The Disciplinary Board can only deliberate with the presence of at least 2 (two) of its members.
8. In the event of a tie in the votes of the Board, the Chairman has the casting vote.
9. The decisions of the Disciplinary Board must be rendered within 45 (forty-five) days or, in justified situations of complexity of the cause, within 90 (ninety) days, counted from the assessment of the respective process.
SECTION IX
THE JURIDICAL BOARD
ARTICLE 35
Definition and Constitution
1. The Judical Board is the appeal body in respect of sporting disciplinary decisions.
2. The Judical Board shall consist of three members, with the President being a qualified lawyer.
ARTICLE 36
Ambit
The Judical Board shall:
1. Decide appeals in respect of disciplinary decisions in sporting matters made by the Disciplinary Board.
2. Support the official bodies in the interpretation of the Statutes, regulations and legal dispositions in the ambit of sport, when requested.
CHAPTER V
FINANCIAL MANAGEMENT
ARTICLE 37
Patrimony
1. The patrimony of the F.P.C. shall comprise the movable and immovable assets that it shall come to acquire.
2. The members shall contribute to the patrimony of the F.P.C.by financial contribution in the form of an annual subscription, in the terms fixed in General Assembly, without prejudice to supplementary instalments such as an entrance fee or inscription charge for the regular practice of sporting activity.
ARTICLE 38
The Budget
The management of the F.P.C. shall obey the principle of a balanced budget in each year, bearing especially in mind the respective legal parameters for amounts obtained for sporting program contracts.
CHAPTER VI
APPLICABLE LAW
ARTICLE 39
Applicable Law
1. The FPC is governed by current legislation, in particular by the provisions of the legal regime of sports federations and, alternatively, by the legal regime of private law associations, by these Statutes and complementary Regulations, and also by the rules to which it is bound by its membership in bodies international.
2. In technical and sporting matters, the F.P.C is governed by the rules of the ICC-International Cricket Council.
3. The FPC is an associate member of the ICC-International Cricket Council.
CHAPTER VII
DISSOLUTION
ARTICLE 40
Dissolution
The F.P.C. may only be dissolved pursuant to a resolution approved by three quarters of the number of all the Full Members in the General Assembly, specifically convened for that purpose.
CHAPTER VIII
FINAL DISPOSITIONS
ARTICLE 41
Entry into Force
These present Statutes shall enter into force immediately.