Of the International Association for the Collective management of rights “Confederation of Rightholders’ Societies of Europe and Asia”
- GENERAL PROVISIONS
1.1. The International Association for Collective management of rights “Confederation of Rightholders’ Societies of Europe and Asia” (hereinafter-the Association) is a non-profit, corporate organization established to represent and protect the common interest in order to achieve socially useful purposes as well as other goals set forth in this Statute.
1.2. The members of the Association are organizations involved in the management of various categories of authors’ rights and/or related rights in the member countries of the Eurasian Economic Union, the Commonwealth of Independent States, the BRICS countries and other countries.
1.3. The Association’s activities are based on the best traditions and practices in the areas of collective management of authors’ and neighbouring rights.
1.4. The Association is a consolidating organization, aiming at building and developing the institution of collective administration of rights in the Territories and areas represented by members of the Association.
1.5. The full name of the Association in English is the International Association for the Collective management of rights “Confederation of Rightholders’ Societies of Europe and Asia”. The abbreviated name of the Association in English is CRSEA.
1.6. The location of the permanent Executive Body of the Association: The Russian Federation, Moscow. By the decision of the General Assembly, the location of the permanent Executive Body of the Association is allowed to be transferred.
- LEGAL STATUS OF THE ASSOCIATION
2.1. The Association is established and operates in accordance with the Constitution of the Russian Federation, the rules of the current Civil Code of the Russian Federation, the Federal Law of 12.01.1996 No. 7-FZ on “Non-Profit organizations”, other normative legal acts of the Russian Federation, and in accordance with this Statute.
2.2. The Association adheres to all accepted international principles in order to effectively manage the rights of rightholders, it also takes into account contemporary challenges related to the development of digital technologies and new ways of information transfer.
2.3. The Association is created without any limitation of the term of existence.
2.4. The Association shall be considered to be established as a legal entity from the time of its State registration, in accordance with the procedure established by law, possesses separate assets, is responsible for these assets, and may, on its own behalf, acquire and exercise property and intangible rights, carry out duties, be a plaintiff and a defendant in court.
2.5. The Association conducts its activities independently of any organization, it interacts with them, in particular with organizations dealing with the management of different categories of copyright and/or related rights that are not members of the Association, if this contributes to the development of the institution for the collective management of rights and the practical realization of rights of rightholders in the areas represented by the members of the Association.
2.6. The Association shall have a separate balance and/or estimates.
2.7. The Association shall have the right, in accordance with the established procedure, to open accounts in banks and other credit organizations in the RF territory and outside the country, except for the cases established by the Federal law.
2.8. The Association shall have a corporate seal containing its name in Russian and English. The Association is entitled to have stamps, letterheads with its name, other means of visual and other individualization, approved and registered in accordance with the procedure established by law.
2.9. The Association is entitled to establish branches and open representations in the RF territory in accordance with the RF legislation .
2.10. Interference of the state and other bodies other than those authorized by law in the activities of the Association is not permitted.
- GOALS AND OBJECTIVES OF THE ASSOCIATION
3.1. The main goal of the Association is to consolidate and coordinate its members – organizations involved in the management of different categories of copyright and/or related rights to improve data exchange, technical support, protection of the rights and interests of the rightholders, both at the international and national levels.
3.2. The object of the Association is to carry out activities on achieving aims of the Association.
3.3. In order to fulfill its statutory objectives, the Association shall perform the following tasks:
- Develop and improve the exchange of information between members of the Association on matters within the scope of collective management of rights (in particular administrative procedures, legal proceedings/arbitrations, procedures on royalties collections and distributions, tariff formation, etc.);
- Submit issues for consideration or address any national or international body on any matter concerning the scope of collective management of rights or the rights of the rightholders;
- Facilitate the protection of any objects of authors’ and/or related rights;
- Implement and support the effective functioning of the mechanism for the collection and distribution of remuneration for rightholders;
- Develop and implement common standards of operation and management and monitor its compliance in the territories of the members;
- Coordinate activities for the protection of rightholders;
- Conduct research and information activities;
- Implement, develop and support the operation of the Unified Eurasian System (UES) for the benefit of the members of the Association;
- Promote the establishment of the administrative infrastructure necessary for the effective management of the category of rights that are not available in the member countries of the Association;
- Promote and support the development and strengthening of organizations involved in the management of different categories of authors’ rights and/or related rights in countries where these organizations have failed to be effective;
- Participate in any activity aimed at enhancing transparency, openness of members to represented rightholders;
- Ensure and implement the principles of cooperation between organizations in accordance with the highest standards and best practices;
- Investigate and settle issues directly related to the moral, property and professional interests of the rightholders, as well as organizations involved in the management of different categories of copyright and/or related rights.
3.4. The Association is entitled to carry out income-generating activities only insofar as it serves to achieve the statutory objectives it is created for, and if it complies with such goals. Income-generating activities are carried out by the Association in accordance with the RF Civil Code and other legislative acts .
- RIGHTS AND DUTIES OF THE ASSOCIATION
4.1. To fulfill its statutory objectives in accordance with the law in force the Association shall be entitled to:
- Disseminate information about its activities freely;
- Participate in the elaboration of decisions of state and local authorities in the manner and amount provided for in the legislation of the member states of the Association;
- Establish the mass media and carry out publishing activities;
- Represent and defend its rights, legitimate interests of their members and its rightholders in the bodies of state authority, local government authorities and non-governmental organizations;
- Take initiatives on various issues of public life, to make proposals to the public authorities of the member states of the Association;
4.2. The Association shall:
- Comply with the legislation of the member states of the Association, the universally recognized principles and rules of international law related to its scope of activities, as well as the rules stipulated in its Statute;
- Publish in accordance with the provisions of the legislation of the Russian Federation, annual report on use of the assets or to make it publicly available for consultation;
- Inform annually the authority, which took a decision on Association state registration on continuation of its activities;
- Assist representatives of the Authority, which took a decision on the state registration, on review of ,Association’s efforts to achieve compliance with the statutory objectives and national legislation;
- Inform the federal registration body of the amount of funds and other assets received from foreign sources, referred to in article 2, paragraph 6, of the Federal Act “On non-profit Organizations”, the purposes to utilize these funds and other assets and on their actual expenditures as per form and frequency established by the federal executive body.
- MEMBERS OF THE ASSOCIATION
5.1. Members of the Association are legal entities (state and non-State organizations) involved in the management of various categories of copyright and/or related rights in the member countries of the Eurasian Economic Union, as well as member countries of the Commonwealth of Independent States, BRICS countries and other countries who:
- Administer the rights of rightholders de facto;
- Have as their objective the promotion of the material and moral interests of rightholders;
- Have an effective mechanism of royalties collection and distribution and bear full responsibility for the rights placed under their management ;
- Carry out activities in accordance with professional rules and standards;
- Carry out activities for the benefit of all rights holders and not for the benefit of any particular group;
- Have no power to sell or trade rights within the administration or to sell any share of the fees collected or distributed.
5.2. Membership in the Association is voluntary.
5.3. A candidate for membership in the Association is an organization which administers various categories of copyright and/or neighbouring rights that meet all the requirements specified in this Statute for the Association members.
5.4. Admission and expulsion from the Association membership shall be implemented by the General Assembly.
5.5. In order to become a member an organization interested in joining the Association shall send a statement to the Secretariat in the form approved by the Secretariat. The application form shall be published on the official web- site of the Association.
The following documents shall be attached to the application:
- Membership list reflecting rights categories under administration of a relevant organization.
- Annual report for the elapsed calendar year prior to the date of application;
- Detailed plan of activities for the year ahead;
- Copies of the organization’s financial documents for the calendar year prior to the date of application;
- A copy of the decision of the authorized body of the Organization on the consent to membership in the Association;
- Other documents supported the Organization’s membership in the Association.
5.6. The Association Secretariat shall consider the application for completeness and reliability of the information submitted and issue a well-grounded recommendations to the General Assembly on:
- admission to the Association membership; or
- denial of the Association membership.
5.7. Following the consideration of Secretariat recommendations on each application the General Assembly the Secretariat shall:
- admit the applicant as a member ; or
- refuse to accept new member.
5.8. Prior to the General Assembly consideration of the Association membership issue in accordance with paragraph 5.7 of the present Statute, the organization wished to enter the Association shall be authorized (upon the Secretary-General approval) to participate in the work of the Association bodies with the right to vote.
5.9. A member of the Association shall have the following rights:
- Participate in the management of the Association affairs;
- Elect and be elected to the governing bodies of the Association;
- Make proposals to the governing bodies of the Association regarding its activities;
- Use a common program complex developed to support collective management organizations activities and participate in its development;
- Receive, as appropriate, financial support from the Association;
- Receive information on the Association activities and consult accounting and other documents on a regular basis;
- Challenge, acting on behalf of the Association, in accordance with the Article 182, paragraph 1 of the Civil Code of the Russian Federation, its transactions on the grounds, specified in the Article 174 of the RF Civil Code or laws on corporations with specific types ownership and organizational and legal forms, and to demand the application of the consequences of their invalidity, as well as the application of the consequences of the invalidity of the void contracts executed by the Association;
- Terminate membership in the Association on his own free will by submitting a written resignation to the Secretariat for consideration and approval at the General Assembly meeting. Information on membership termination shall be available on the official web-site of the Association.
- Enjoy other rights envisaged by the present Statute
5.10. A member of the Association shall have the following duties:
- Participate in the enlargement of the Association assets for the needed amount, in the manner and at the time specified by the RF legislation or by the present Statute;
- Not to disclose confidential information on the Association activities ;
- Participate in corporate decision-making, under which the Association operates if necessary ;
- Not to take any action against the Association;
- Not to take any action/ inaction that seriously impede or discourage the attainment of the Association objectives;
- Assist the Association in carrying out its activities;
- Pay membership fees in accordance with the membership regulation approved by the General Assembly and, in accordance with the national legislation and make additional material contributions in accordance with decisions made by the General Assembly, if required;
- Send annual report on its activities to the Secretariat in accordance with the standards established by the General Assembly;
- Submit duly certified conclusion on audit results and the relevant accountant statements to the Auditing committee ;
- Provide additional information on its activities at the request of the Secretariat,;
- Allow auditors and Secretariat representatives to control over the integrity of information and reports submitted and give them an opportunity to elaborate proposals on the Association working processes optimization in accordance with the provision approved by the General Assembly;
- Fulfill the obligations undertaken with regard to the Association;
- Provide all information necessary for the performance of the Association activities, except for the commercially sensitive data of this a member ;
- Not to take actions which are contrary to the Association Statute , ethics of amicable relations between members;
- Refrain from activities which are contrary to the objectives declared by the Association Statute.
5.11. The grounds for termination of membership in the Association :
- voluntary withdrawal from the Association membership;
- expulsion from the Association on the grounds set forth in clause 5.14 of the present Statute.
5.12. The decision on expulsion from the Association is adopted by the General Assembly on its consideration of the Secretariat’s conclusion. The Secretariat shall inform the member on the grounds and evidences at its disposal to address the issue of member expulsion from the Association.
5.13. The rights of the Association member shall be terminated from the date of expulsion approval and the assets, including entry, membership and other fees, invested in the Association by the expelled membershall not be returned to him.
5.14. The Association member may be excluded from the Association by the decision of the General Assembly in the following cases:
- violation of the Association Statute;
- the systematic failure to comply with the decisions of the governing bodies of the Association;
- committing actions discrediting the Association;
- failure to fulfill financial obligations to the Association for more than two calendar years;
- incompatibility with the requirements for the Association members set forth in clause 41 of the present Statute .
- THE GOVERNING BODIES OF THE ASSOCIATION
The Association has the following governing bodies:
- The General Assembly;
- Presidium, chaired by the President;
- Committees on various spheres of authors’ and neighbouring rights;
- The Secretary General;
- The Secretariat, headed by the Director General;
- The Auditing Committee.
- THE GENERAL ASSEMBLY
7.1.1. The General Assembly is the highest body of the Association, consisting of members of the Association;
7.1.2. The General Assembly has the exclusive competence to address the following issues:
- Adoption of the Association statute , making amendments and additions thereto.
- Definition of the Association priorities for action, principles of assets formation and use;
- Admission to and denial of the Association membership;
- Approval of annual and accounting (financial) reports of the Association;
- Establishing other legal entities, branches and representative offices of the Association , the Association participation in other legal entities,;
- Reorganization and liquidation of the Association, appointment of a liquidating Commission (liquidator) and approval of the liquidation balance;
- Approval of an auditing organization or an individual auditor for the Association;
- Adoption of size and form of membership and other contributions to be paid by the Association members ;
- Election of the Presidium and the the Auditing Committee for a period of 2 (two) years and for the early termination of their office;
- Appointment of the Secretary General and early termination of his/her office;
- Appointment of the Director General for a period of 1 (one) year and for the early termination of his/ her office;
- Election of the Committees;
- Adoption of the report on the Presidium, the Secretariat, The Auditing Committee and the Secretary General activities , ;
- Adoption of disclosure standards for the Association members activities;
- Adoption of the Regulation on carrying out by the Secretariat the control of the Association members ;
- Consideration of the Presidium and the Secretary-General proposals for cooperation between the Association and non-member organizations and approval of the relevant resolutions.
7.1.3. The General Assembly shall consider other matters initiated by the Association members or the Association bodies if they are consistent with the purpose of the Association creation and take decisions thereon.
7.1.4. The General Assembly regular meetings shall be held annually until the end of February of each calendar year and convened by the Association Secretariat by sending a notification addressed to each member at least two months in advance of the meeting. The Association is also empowered to use other means of notification of the General Assembly regular meeting, including making this information publicly available via the Association web-site.
7.1.5. The General Assembly extraordinary meeting arranged on an ad hoc basis may be convened by the General Secretary or the Secretary at the request of one of the Association members or the Auditing Committee members with compulsory notice to other members not more than one month prior to the General Assembly extraordinary meeting.
7.1.6. The date, agenda and venue, as well as representation rate for the General Assembly delegates shall be determined by the Secretariat of the Association.
7.1.7. The General Assembly meetings as videoconference shall not be allowed.
7.1.8. The Association member may be represented in the General Assembly by a maximum of three delegates. Regardless of the number of delegates representing the member, each member of the Association shall have one vote. In the event a member is unable to attend the General Assembly meeting he will have the power to delegate his voice to other member, provided that under no circumstances one organization can represent more that two absent members. This organization shall inform the Association Secretary of its decision.
7.1.9. On the decision taken by all the delegates represented at the General Assembly meeting, the agenda for this meeting may be amended and/or supplemented if it is not contrary to the law. The General Assembly decisions on modifications and/ or additions to the agenda, as well as the items on the agenda, shall be adopted unanimously.
7.1.10. The General Assembly is empowered to make decisions if it is represented by at least one half of the Association members. All the matters provided for in clause 7.1.2 of the present Statute are the exclusive competence and decisions on these matters shall be taken by a qualified majority of 2/3 members of the Association represented at the General Assembly meeting. On the other issues, decisions in the General Assembly are made by a simple majority vote.
If 2 (two) or more members of the Association voted against admission to (denial of) the Association membership and making amendments or changes to the Association Statute, such an organization shall not be a member and the changes/ amendments to the Statute shall not be adopted.
7.1.11. In the absence of a quorum for the General Assembly conduction, a new date for the General Assembly meeting shall be announced by the Secretariat of the Association.
7.1.12. The President shall chair the General Assembly meetings. The Secretary General shall chair the General Assembly meetings at the President’s absence.
7.1.13. The General Assembly protocol shall be drawn up not later than 10 (ten) days after the General Assembly closure by the same quantity of members that were present at the General Assembly meeting and signed by the Chairman of the General Assembly and the Secretary, that keeps minutes .
7.1.14. The Association shall make the General Assembly decisions available to review for its members via the Association’s official web-site.
7.2. THE PRESIDIUM AND THE PRESIDENT OF THE ASSOCIATION
7.2.1. The Presidium is the permanent collective governing body of the Association, functioning in between the General Assemblies. The Presidium shall be elected by the General Assembly for the term of 2 (two) years out of the number of actual candidates nominated for membership in the Presidium. Not more than two candidates for the Presidium shall be nominated from each member country. Only natural persons can be the members of the Presidium. The size of the Presidium is determined by the General Assembly.
7.2.2. The Presidium is composed of eminent persons of culture and art, as well as representatives of the State authorities of the member countries of the Association, which have competence in matters of copyright and neighbouring rights protection. The state authorities take part in the Presidium meetings within the framework of the powers established by the relevant national legislation
7.2.3. The powers of the Presidium shall be terminated ahead of time by the General Assembly decision.
7.2.4. The work of the Presidium is accountable to the General Assembly. Meetings of the Presidium shall be held as necessary, but not less than once a year. Meetings of the Presidium shall be convened by the President of the Association. 7.2.5. The competence of the Presidium is to address the following issues:
- Managing the Association’s activities in the period between Conferences;
- Approval of the disclosure standards developed by the Secretariat for its members activities and applying to the General Assembly for approval;
- Advice to the Association committees on authors’ and neighbouring rights issues;
- Introduction of proposals to the General Assembly on enhanced cooperation with non-member organizations;
- Introduction of the report to the annual meeting of the General Assembly;
- Designation of priority projects and programs of the Association;
- Monitoring compliance with the General Assembly decisions;
- Dealing with other issues outside the scope of the exclusive competence of the General Assembly.
7.2.6. The Presidium is empowered to make decisions with more than half of its members participating in its meeting. Decisions shall be made by a simple majority of the members votes present at the meeting of the Presidium. The minutes of the meeting of the Presidium shall be signed by the Chairman and the secretary, taking minutes.
7.2.7. The Presidium shall be headed by the President elected at the Presidium meeting by the Presidium members for a term of 1 (one) year, subject to the provisions of clause 7.2.8 of the present Statute.
7.2.8. Candidates for presidency shall be nominated by the Association members – one from each member country of the Association. The candidates shall not have the right to be re-elected for another term of office. Presidential elections shall be conducted on a rotational basis. To avoid any doubt, it is hereby established that a candidate from a member country may be re-elected as a President only after preliminary invitation to accept the post was forwarded to each member country of the Association.
7.2.9. President of the Association shall:
- Convene and chair the Presidium meetings of, ;
- Represent the Association at various international and national events dealing with issues of authors’ and neighbouring rights;
- Make the Presidium’s decisions available to the Association members via the official web- site of the Association;
- Carry out the General Assembly and the Presidium decisions ;
- Together with the Director General adopt an agenda for the Presidium meeting ;
- Performs other representational functions.
7.3. THE SECRETARIAT AND THE DIRECTOR GENERAL
7.3.1. The Secretariat shall not be a management body of the Association; it shall provide administrative support for its activities. The Secretariat shall consist of the Administrative and Control offices, heads of the committees that are permanent members, as well as employees without voting rights.
7.3.2. The activities of the Secretariat shall be accountable to the General Assembly and, in the period between sessions, to the Secretary General.
7.3.3. The Administrative office of the Secretariat shall:
- Provide organizational support to meetings of the General Assembly, the Presidium and the committees of the Association;
- Create, implement, support and develop a common software complex to maintain activity of collective management organizations to strengthen the management of rights;
- require the Association members to enter data into the relevant systems of the Association in a timely manner ;
- Prepare the Secretariat annual report for the for the General Assembly consideration;
- In cooperation with the Control Office develop disclosure standards for its members activities and verify information on activities provided by the Association members in accordance with the Provision approved by the General Assembly;
- Carry out processing and dispatching official correspondence between the Association members;
- Consider membership applications for data completeness and validity and forward them for the General Assembly consideration;
- Convene ordinary and extraordinary meetings of the General Assembly, establish the number of delegates , the date, the place of the General Assembly and the agenda.
7.3.4. The Control office of the Secretariat shall:
- Submit the annual and accounting (financial) reports for the Secretary-General consideration and for subsequent approval by the General Assembly;
- Supervise the payment of membership dues by the Association members ;
- Together with the Administrative office of develop disclosure standards for the members activities and verify information on activities provided by the Association members;
- Prepare an opinion on the expulsion from the Association for the General Assembly consideration ;
- Authorize the use of additional voluntary contributions.
7.3.5. The Secretariat is headed by the Director-general, appointed by the General Assembly for a term of 1 (one) year with the right to be reelected for consecutive terms.
7.3.6. The Director-General shall:
- Carry out overall management of the Secretariat activities ;
- Appoint and dismiss the Secretariat staff members in accordance with the budget of the organization;
- Notify on the convening of meetings of the committees, supervise the preparation of each meeting of the Committee, the Presidium and the General Assembly, and prepare the agenda for each meeting;
- Together with the President of the Association and the Secretary General form the agenda for the Presidium meeting of, execute the decisions taken by the Association Presidium ;
- Participate in committee meetings with the right to vote;
- Sign the conclusions prepared by the Control Office on the possibility of applying sanctions to the Association member for further consideration by the General Assembly;
- Consider membership applications for data completeness and validity and forward them for the General Assembly consideration;
- Represent the Association without power of attorney in relations with various international and/or national organizations, state bodies, other organizations, regardless of their organizational and legal form, as well as the courts;
- Grant power of attorney on behalf of the Association;
- At the request of the Auditing Committee provide all the documents on the Secretariat activities necessary for the audit conduction ;
- Submit for the Presidium approval and consecutive adoption by the General Assembly the disclosure standards for the members activities;
- Submit the Secretariat annual report for the prior calendar year to each General Assembly;
- Upon the Secretary General request provide a report on the Secretariat activities and carry out his/her separate assignments and orders associated with his/her mandate execution;
- Similar to the Secretary General, he/she shall be entitled to sign the Association documents . To avoid any doubt, it is presumed that the documents signed by a sole signature of the Director-General without the Secretary General signature or his/her writing consent shall be deemed null and void;
- Issue binding orders, instructions and other regulations for the staff of the Association Secretariat and apply incentives and penalties to them;
- Perform other functions necessary to ensure the reliable functioning of the Association.
7.4. THE SECRETARYGENERAL OF THE ASSOCIATION
7.4.1. The Secretary-General shall be the sole executive body of the Association, appointed by the General Assembly for a term determined by the General Assembly.
The Secretary-General is accountable to the General Assembly.
7.4.2. The Secretary-General shall carry out the following functions:
- Provide operational guidance to the Association;
- Ensure the Association activities are in compliance with its statutory objectives;
- Coordinate the Association and its members activities;
- Set the Association development objectives and submits proposals to the General Assembly for the development of cooperation with non-member organizations;
- Participate in committee meetings with the right to vote;
- Approve the Association financial report prepared by the Secretariat for the prior year for its subsequent adoption by the General Assembly;
- Represents the Association without power of attorney in relations with various international and/or national organizations, state bodies, other organizations, regardless of their organizational and legal form;
- Submit a report on its activities for the General Assembly approval;
- Agree upon the forwarding of the disclosure standards for the members activities for the Presidium approval and subsequent adoption by the General Assembly;
- Organize the accounting and statistical records of the Association;
- Execute the Presidium decisions ;
- Make proposals to the General Assembly on the Statute amending and supplementing both proactively and upon proposals of the Association members (see Article 10 of the Statute);
- At the request of the Auditing Committee provide all necessary documentation relating to the General Secretary activity ;
- Open bank accounts and other accounts for the Association;
- Issue a power of attorney on behalf of the Association;
- Similar to the Director General, he/ she shall be entitled to sign the Association documents. To avoid any doubt, it is presumed that the documents signed by a sole signature of the Secretary General without the Director General signature or his/her writing consent shall be deemed valid;
- within the framework of the RF legislation carry out any other action necessary to achieve the Association statutory objectives , except those, assigned to the General Assembly and the Presidium competence under the present Statute.
7.5. THE AUDITING COMMITTEE
7.5.1. The Auditing Committee is a collegiate body responsible for monitoring of financial, economic and statutory activities of the Association. The Auditing Committee shall be elected by the General Assembly for a term of 2 (two) years in the amount of at least 3 (three) persons from the actually proposed as candidates. Candidates for the Auditing Committee are nominated by the Association members – not more than one candidate from each member country. The Auditing Committee shall be formed only from natural persons. And it shall not be form from members of other bodies of the Association.
7.5.2. The Auditing Committee competencies shall include the following issues:
- Supervision of the Association financial, economic and statutory activities;
- Monitoring compliance with the Association Statutes;
- Maintenance and incomes & expenditures control;
- Conduction of financial and operational at least annually;
7.5.3. The Auditing Committee shall have the right to:
- Demand the holding of an extraordinary General Assembly meeting ;
- Consider complaints by the Association members within their authority;
- Suspend or annul the Secretariat decisions, the Association officials for violation of legislation in force or of the Association Statute .
7.5.4. Ordinary meetings of the Auditing Committee shall be convened by Chairman once a year. Extraordinary meetings of the Auditing Committee may be convened at the initiative of the Chairman or by a decision of the Auditing Committee.
The meeting of the Auditing Committee is legitimate, if more than half of the Auditing Committee members are present.
Decisions shall be made by a simple majority of the Auditing Committee members present when there is a quorum.
The Auditing Committee meeting shall be accompanied with the minutes signed by the Chairman and the meeting Secretary.
7.5.5. The Auditing Committee Chairman shall be elected by a decision of the General Assembly for a term of two (2) years and accountable to it. The Auditing Committee Chairman may be elected for a further term.
7.5.6. The Auditing Committee Chairman shall have the right to:
- Direct the actions of the Auditing Committee;
- Assign responsibilities to the Auditing Committee members;
- Convene ordinary and extraordinary meetings of the Auditing Committee;
- Supervise the Association financial, economic and statutory activities;
- Sign the Auditing Committee documents ;
- Presides over the Auditing Committee meetings.
- COMMITTEES OF THE ASSOCIATION
8.1. To develop proposals (recommendations) on issues of authors’ and neighbouring rights for the General Assembly the following committees shall be established:
- Committee for collective management of authors’ rights;
- Committee on reproduction of phonograms and audiovisual works for private use (private copy);
- Committee on resale and reproduction rights of the authors of visual, plastic and photographic arts;
- Committee for collective management of related rights;
- Information Technology Committee.
8.2. Each member of the Association shall be represented only by a single delegate in each Committee.
8.3. The Secretary General of the Association shall have the right to participate in the Committee meetings and decision-making.
8.4. To become a member of the relevant Committee the Association member shall have the same aims and objectives as the Committee has.
8.5. The head of the Committee shall be elected by the members of the Committee from its composition for a term of two years. A delegate representing the Association member shall not be elected as the Committee head if the previous head of this Committee was from the same country of the Eurasian Economic Union, the Commonwealth of Independent States, the BRICS.
8.6. Each committee shall:
- Prepare proposals on authors’ and neighbouring rights management for its Committee;
- Conduct research, carry out expertise and overall research of the relevant sector;
- Interact with the authorized bodies of each member;
- Carry out other activities on the development of sector represented on its territory;
- Submit a written or oral report for the annual meeting of the General Assembly on the development of the relevant sector.
8.7. The Committee meetings shall take place at least twice a year with regard to a previously approved plan .
8.8. The Committee meetings shall be held both face-to-face and through electronic communication in the form of videoconferencing.
8.9. Decisions in the Committees shall be taken by a simple majority vote.
The Committee meeting shall considered held if it is attended by at least 2/3 of the total number of the Committee members.
8.10. Any Committee shall be convened by the Secretariat at the request of any Association member, when matters require the immediate Organization response on the main competence of the Committee.
8.11. The minutes of the Committee meetings shall be prepared by the Secretariat.
- PROPERTY OF THE ASSOCIATION
9.1. In accordance with the RF legislation the Association shall have the right to possess land, buildings, structures, facilities, transport, equipment, furniture, cultural and recreational assets, monetary funds and other assets to support its activities, provided by the present Statute.
9.2The sources of the Association’s assets shall be:
- entry and membership fees;
- voluntary contributions and donations.
9.3. The Association shall be liable for its obligations with the assets that can be charged under the RF legislation.
9.4. The Association shall be the sole owner of its assets.
9.5. The Association members shall not have a right to own the Association assets .
9.6. The Association shall maintain accounting records and provide accounting and statistical records in accordance with the procedure established by the RF legislation .
9.7. The Association shall provide information on its activities to the tax authorities, the federal executive body duly authorized, as well as other persons, in accordance with the RF legislation and the Association Statute.
- LANGUAGES OF THE ASSOCIATION
10.1. The official language of the Association shall be Russian.
10.2. The English language shall be the working language of the Association.
- PROCEDURE FOR AMENDING THE STATUTE
11.1. Any amendment to the Statute shall be possible only during the General Assembly meeting on written proposal of the Secretary-General or at least of four member organizations of the Association.
Each proposal of the members of the Association shall be submitted to the Secretary General for consideration no later than two months before the regular meeting of the General Assembly to summarize, analyze the proposals of the members of the Association and submit them to the next meeting of the General Assembly.
11.2. Proposals of the Secretary General for amending/supplementing the Association Statute, shall be forwarded to the Association members for consideration no later than three months before the next meeting of the General Assembly. Then the Association members shall forward the Secretary General their approval or comments no later than two months before the next General Assembly meeting.
The Secretariat of the Association shall implement postal dispatching.
- LIQUIDATION AND REORGANIZATION OF THE ASSOCIATION
12.1. The Association shall be reorganized or dissolved by decision of the Association members or by a court order, in accordance with the procedure laid down in the current RF legislation.
12.2. The Association reorganization shall be implemented through a merger, accession, division, withdrawal and modification.
The decision on the Association transformation shall be taken by all members of the Association unanimously.
12.3. The Association shall be considered as reorganized from the moment of the state registration of the newly established legal entity, except in cases of reorganization in the form of accession,.
12.4. The Association shall be transformed into a public organization, an autonomous non-profit organization or a fund by decision of its members.
12.5. The General Assembly of the Association shall appoint the Liquidation Commission (liquidator) and determine, in accordance with the Civil Code and other federal laws, the procedure and time limits for the liquidation of the Organization.
Since the establishment of the Liquidation Commission, it shall be empowered to manage the Association. Since that moment the Liquidation Commission shall appear in court on the Association behalf.
12.6. At the time of the Association liquidation the assets remaining after satisfaction of the creditors’ claims unless otherwise established by Federal law of 12.01.1996 #. 7-FZ “On non-profit organizations” and other federal laws, shall be directed to achieve the purposes for which it was established and (or) charitable purposes in the manner specified by the General Assembly of the Association.
12.7. When the Association activities ceased, all management, financial and economic documents, staff documents etc. shall be referred to a successor in accordance with the established rules. In the absence of a successor, staff documents (orders, personal files and records, front accounts etc.) shall be placed in an archive in accordance with the list at the place of the Association state registration.
12.8. All matters not settled by the present Statute shall be resolved in accordance with the requirements of the RF Civil Code , the Federal Law of 12.01.1996 No. 7-FZ “On non-profit organizations” and other RF laws and regulations .