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Collected at the convocation of its President, the Council of the General Assembly of Sport Lisboa e Benfica considered a request presented by partners Francisco Benitez, João Pinheiro and Nuno Leite, who requested:
“a) That a three-member commission appointed by the signatories, made up of partners João Pinheiro, João Leite and Tiago Godinho, has access (through consultation and possible photocopy) to all the elements that make up the electoral process for the four-year period 2020-2024;
b) That the counting of all votes received is promoted in a public deed and the count recorded in the minutes for disclosure to the Sport Lisboa and Benfica members;
c) That the Sport Lisboa and Benfica services are required to provide a descriptive report on how the IT solution that supported the electronic vote collection and counting operation was parameterized and managed, with subsequent disclosure to the members of Sport Lisboa and Benfica “.
This request was based on subsection h) of subsection 1 and subsection b) of subsection 2 of article 17 of the Articles of Association, which give shareholders with more than one year of membership the right to “request information and clarifications from the corporate bodies and give useful tips for Sport Lisboa e Benfica “. Paragraph d) of paragraph 1 of article 17 of the Articles of Association was also invoked, which establishes the right of shareholders to be elected to corporate bodies.
The request was addressed to the President of the General Assembly because the organization of the electoral procedure is the responsibility of the Bureau of the General Assembly and its President is classified as the most representative entity of the partners, being responsible for ensuring the legality, fulfill and enforce the statutory precepts (articles 58 and 54, paragraph 1, respectively, of the Statute).
In response to this requirement, the Board of the General Assembly of Sport Lisboa e Benfica unanimously approved the following resolution:
1 – The General Electoral Assembly held on 28 October 2020 is a reason for justifiable pride for the partners of Sport Lisboa and Benfica. In addition to counting on the participation of 38,102 members, a number never reached before in the elections of Portuguese clubs and only very rarely reached on a world scale, it was held with exemplary civility, which is to be emphasized in a difficult situation, in which we are facing to a very serious pandemic. .
2 – The election of the corporate bodies took place by electronic vote, in compliance with the form and deadline provided for by articles 57, paragraph 1, and 55, paragraph 2, letter a), respectively, of the Statute, expressing pluralism of opinions, with the presentation of three lists, and given an unambiguous result. No irregularities or illegalities were found that could compromise its validity and the competing lists did not submit any objections. At the end of the Assembly, the elected corporate bodies took over, as required by art. 58, paragraph 7, of the Statute.
3 – The organization of the electoral process and the guarantee of the legality of all the procedures adopted were the responsibility of the Bureau of the outgoing General Assembly and, in particular, of its President. The results have become final and are not currently subject to review or alteration by any body of Sport Lisboa e Benfica. However, since there is no challenge to the elections before the General Assembly Council, the requirement under consideration can only be interpreted, materially, as an inspirational or investigative request to the electoral process.
4 – The appreciation of this request is not the responsibility of the Council of the General Assembly or its President, because it does not deal with any matter provided for in Article 54 of the Statute and concerns an electoral process before the inauguration, which culminated in its inauguration. .
In consideration of the above, it was decided not to accept the request presented by the partners Francisco Benitez, João Pinheiro and Nuno Leite.
Table of the General Assembly of Sport Lisboa e Benfica
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