Organisation or Officers of the Organisation identified with the
Commission of the offence.
(4) Where an Officer has been indicted for the Commission of an offence as
provided in subparagraph (3) above, the Organisation Shall forthwith
suspend such officer from further performing the functions of the office he
held immediately preceding such indictment.
11. Expenses of Collective Management Organisations
(1) A Collective Management Organisation may withhold from the amount
collected or received by it such deductions necessary to cover any
expenditure incurred in the fulfillment of its functions and the amount so
deductible shall be within the limits to be decided by the Governing 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.
(2) Without prejudice to subparagraph (1) above, the Commission may, upon a
prior written application of a Collective Management Organisation approve
the deduction of more than 30 percent of the total revenue of the organisation
to cover the Collective Management Organisation’s expenditure.
(3) Where an Organisation exceeds its authorized expenditure limit as provided
in paragraphs 1 and 2 above, the Collective Management Organisation
and/or any of its officers responsible for such breach may be liable to a
caution and/or written admonition and be required to rectify the breach
within a specified time.
12. Holding Account
(1) Every Collective Management Organisation shall establish a Holding
Account which shall be used, inter alia, to hold any share of the
distributable amount, which cannot be allocated or distributed for reasons
including the following:
i. the society has lost contact with the member concerned;
ii. the qualified person entitled is not currently a member;
iii. where the member or his/her agent is not available or easily
ascertainable, the relevant copyright owner or agent entitled to the
amount is not ascertained;
iv. there is a dispute as to entitlement;
v. a portion of funds collected cannot be allocated immediately as there
is presently inadequate data for apportionment.
(2)Where funds in the Holding Account are to be distributed, the Organisation
shall distribute the fund based on the best available data prior to expiration of
that Holding period.