Copyright (Collecting Societies) Regulations Nigeria www.ictpolicy.org Accounts and Annual Report 12.—(1) The society shall keep proper accounts consistent with ordinary commercial standard of its receipts, payment, credits and liabilities and the accounts shall as and when required by the Council be audited by an auditor appointed for that purpose. (2) The society may withhold from the amount collected or received by it such deductions necessary to cover any expenditure incurred in the fulfilment of its functions and the amount so deductible shall be within the limits to be decided by the Management Board subject to a maximum limit of 30 percent of the total royalties and fees collected during the year in which the deductions are made. Auditor’s Report 13.—(1) The society shall, on or before the 1st day of July in each year prepare and present to the Council a report on its accounts during the period of twelve months beginning with the 1st January in the preceding year and such report shall include a copy of the accounts duly certified by an auditor, and at the same time with the report, the auditor shall prepare a report on the accounts. (2) If the Council considers it necessary at any time, it may appoint an auditor to audit the accounts of the society and the cost of such auditing shall be borne by the society. 14. Where as a result of an examination of any account or audit of any account it appears to the Council: (a) that any offence under any enactment has been committed by the society or by any person; or (b) that a sum due to the society has not been collected, and that, in either case, it is expedient to do so by reason of the refusal or neglect of the members of the society or of the Board of Management to take legal proceedings, the Council may on behalf of the society and in its name institute: (i) in the case of (a) above, criminal proceedings for that offence; or (ii) in the case of (b) above, civil proceedings for the recovery of the said sum. Settlement of Tariffs 15.—(1) Where there is a dispute between a society and the user, in relation to the tariffs payable such disputes shall be referred to the Council which may set up a Tariffs Arbitration Panel for the resolution of the dispute. (2) The Panel shall consist of five persons at least two of whom shall be members of the Governing Board of the Council and one of whom shall be designated as the Chairman. (3) A person shall not be appointed as a member of the Panel if he has any interest in any matter which is required to be determined by the Panel. (4) The Council may make regulations providing for the procedure of the Panel and for the execution of the functions of the Panel. (5) Subject to the right of appeal to the Federal High Court on points of law the decision of the Panel shall be final and binding on the parties before it.