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Article L326-4 of the French Intellectual Property Code

In response to a duly justified request, collective management organisations shall communicate, by electronic means and within a period not exceeding one month, to the holders of rights managed by the organisation in any capacity whatsoever, to organisations on whose behalf they manage rights under a representation agreement and to users, the following information: 1° The works or other protected subject matter they represent, the rights they manage, directly or…

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Article L326-5 of the French Intellectual Property Code

The conditions under which members of collective management organisations may obtain, with due respect for the secrets protected by law, communication of documents or information, including of a nominative nature relating to the current meeting or financial year, within a period set by the articles of association or general regulations, which may not be less than two months before the general meeting referred to in article L. 323-5, are set…

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Article L326-6 of the French Intellectual Property Code

At least one tenth of the members of the body may apply to the courts for the appointment of one or more experts to submit a report on one or more management operations. For the purposes of calculating the number of members referred to in the first paragraph, the members of a body representing holders of rights which is itself a member of the body shall be deemed to be…

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Article L326-8 of the French Intellectual Property Code

The statutory auditor shall verify that the information contained in the annual transparency report provided for in article L. 326-1 and in the database provided for in the first paragraph of article L. 326-2 is true and consistent with the organisation’s accounting documents. It draws up a special report for this purpose.

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Article L326-9 of the French Intellectual Property Code

Draft articles of association and general regulations for collective management bodies are sent, prior to their constitution, to the Minister responsible for culture in accordance with the procedures defined by decree in the Conseil d’Etat. Within two months of receipt, the Minister may refer the matter to the judicial court if there are real and serious grounds for opposing the constitution of one of these organisations. The court assesses the…

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Article L326-10 of the French Intellectual Property Code

The collective management organisation communicates its annual accounts to the minister in charge of culture and informs him, at least two months before it is examined by the general meeting, of any draft amendment to its articles of association, its general regulations or its general policy for the distribution of sums due to rights holders.

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Article L326-11 of the French Intellectual Property Code

The Minister responsible for culture may, at any time, refer the matter to the commission de contrôle des organismes de gestion des droits d’auteur et des droits voisins when its observations aimed at bringing the provisions of the articles of association, the general regulations or a decision by the corporate bodies into line with the regulations in force have not been acted upon within two months of their transmission, or…

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Article L326-12 of the French Intellectual Property Code

The collective management organisation shall communicate to the Minister responsible for culture, at the latter’s request, any document relating to the collection and distribution of income from the exploitation of rights, with due respect for privacy, business secrecy and the protection of personal data. The Minister responsible for culture or his representative may collect, on documents and on site, the information mentioned in this article.

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