When, due to its legal form, the collective management organisation does not have a general meeting of its members, the powers of the latter, as provided for in article L. 323-6, are exercised by the supervisory body provided for in article L. 323-14. The rules set out in articles L. 323-5, L. 323-8 and L. 323-9 then apply to this body. If all the members of the body are legal…
The articles of association or general regulations of collective management undertakings provide for administrative and accounting procedures to ensure effective internal control of the members of the administrative body and the legal representatives.
The articles of association or general regulations of the organisations shall provide for procedures ensuring the prevention and handling of conflicts of interest which may arise in the performance of the duties of members of the management, administrative and executive bodies, so as to prevent them from adversely affecting the collective interests of the right holders they represent.
The procedures referred to in Article L. 323-12 provide in particular for the drawing up of an annual individual declaration by each of the members, who are natural persons, of the board of directors, or of the supervisory board and of the management board when the organisation has one, as well as by each of the legal representatives, specifying: 1° Any interest he holds in the collective management organisation; 2°…
The articles of association of collective management organisations establish a collegiate body to oversee the activities of the management, administrative and executive bodies. This body is the supervisory board when the undertaking has one. The provisions of the second paragraph of article L. 225-68 of the French Commercial Code only apply if the General Meeting has made use of the power to delegate granted to it by article L. 323-7….
The members of the supervisory body are elected by the general meeting. The statutory rules governing their appointment ensure a balanced representation of the different categories of members of the general meeting within the supervisory body. They may authorise the election of natural persons who are not members of the organisation, provided that the latter remain in the majority in terms of the number of voting rights held or the…
The arrangements for the management by the organisation of the economic rights entrusted to it are laid down either in the Articles of Association or in the General Regulations, in accordance with the provisions of this chapter.
Collective management organisations shall respect the principle of equal treatment in the management of the economic rights of all the rightholders they represent, including where such management is carried out under a representation agreement.
Contracts concluded by collective management organisations with users of all or part of their repertoire are civil acts.
The Articles of Association or the General Regulations shall lay down the conditions under which rightholders may grant licences to third parties for non-commercial uses of rights or categories of rights the management of which they have entrusted to the organisation, relating to certain types of works or other protected objects of their choice.
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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