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Copyright (Collecting Societies) Regulations Nigeria www.ictpolicy.org Grant of Approval 6.—(1) No company shall be granted approval to carry on the functions of a collecting society under the Act unless it satisfies the Council on the following matters, that is to say– (a) the subscribers to the memorandum of association shall not be less than 10 persons with proven interests in the areas in which the company desires to operate as a collecting society; (b) the organs of the company shall comprise of at least a General Assembly of all its members and a Management Board; (c) the Chief Executive Officer of the company by whatever name called shall not be a member of the society; (d) the Management Board of the company shall include one member of the Council; (e) no person shall be qualified to be appointed as Chairman of the Management Board of the Society unless he is a member of the society; and (f) the company shall have shown evidence of adequate and competent staff capable of running the affairs of the company as a collecting society. 7.—(1) Upon receipt of an application for licence to operate as a collecting society the Council shall satisfy itself that the applicant has complied with the requirements of these Regulations and the Act. (2) Where the Council receives more than one application for a licence in respect of any class of copyright owners it shall, after due investigation, approve any one of them which, in its opinion, will more adequately protect the interests of that class of right owners. 8. The Council may, for the purpose of establishing that the interests of all persons in a particular class of right owners will be adequately protected, require the company to take such steps including advertisement in designated national newspapers circulating in Nigeria and provide such other evidence as the Council may consider necessary. 9. Upon the approval of a company to operate as a collecting society the Council shall issue the company a certificate of approval to function as a collecting society. 10. Subject to the provisions of these Regulations an approval shall be valid for 3 years and may be renewed from time to time in accordance with the procedure herein stipulated. Report of Meetings 11. Every company approved under these Regulations to function as a collecting society shall cause a report containing the minutes and decisions taken at every meeting of the General Assembly and the Management Board to be entered in a special register kept for that purpose and a certified copy of such report shall be submitted to the Council within 3 months. The Council may call upon the secretary to the meeting or the Chief Executive of the Company, by whatever name called, to clarify any part of the reports.

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