The general meeting of members may delegate all or some of the powers listed in 6°, 7°, 8° and 9° of article L. 323-6 to the supervisory body provided for in article L. 323-14 under conditions which it shall determine. The supervisory body may not delegate these powers.
All members of a collective management organisation have the right to participate and vote at the general meeting under the conditions laid down by law and by the articles of association and general regulations. They may vote electronically. Their participation and the exercise of their voting rights at the General Meeting may only be restricted by the Articles of Association or the General Regulations on the basis of the duration…
Members of the collective management organisation may give a mandate to another member to represent them at the general meeting and to vote on their behalf, provided that this appointment does not create a conflict of interest, in particular where the principal and the agent belong to different categories of right holders within the organisation. Each mandate is valid for one General Meeting only. The proxy holder enjoys the same…
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.
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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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