8
No. 28894
GOVERNMENT GAZETTE, 1 JUNE 2006
(9 annual audited financial statements; and
(9) any documentation or report that the Registrar may reasonably require.
(4) In the event that a collecting society does not comply with its obligations under
this Regulation, the Registrar may stipulate an appropriate time period of not
less than thirty days but not more than ninety days for the cotlecting society to
~emedythe situation. Should the collecting society fail to comply within such
time period, the Registrar may do one or both of the following:
(a) withdraw the collecting society's accreditation; and/or
(b) apply to court for any appropriate relief, including relief in terms of the
common law or the law governing the entity acting as collecting society,
and including but not limited to relief by placing the collecting society
mder judicial management, or by seeking the winding-up or dissolution
of the collecting society.
CHAPTER 2
Obligations of co/ecting societies
. Membership structure
A representative collecting society shall be open to all persons either directly
or through the membership of a collective organisation representing a
particular group of rightholders having a similar interest.
Where a representative collecting society has as members both owners of
copyright in sound recordings and performing artists, whether directly or
through one or several of its members as a collective organisation of
performers or of copyright owners, the governing structure of the collecting
society shall provide for equal representation of both owners of copyright in
sound recordings and performers to take part in the decision-making process
of the highest executive organ of the collecting society and the general
assembly of members.
Each member of a collecting society must have at least one vote.
Any member shall be entitled, to obtain(a} annual statements of accounts and the tist of persons that constitute the
highest executive organ and/or senior management of the collecting
society;
(b) reports of the highest executive organ and of the auditors, the reports to
be submitted to the general meeting;
(c} where appropriate, the text and motivation of resolutions submitted to the
general meeting of members, and information concerning candidates for
the highest executive organ and senior management; and
(d) the overall amount, certified by the auditors, of the remuneration paid to
any director or other employee of the collecting society.
Nothing in these Regulations shall reduce, detract or affect in any way the
rights or remedies that members of the collecting society are entitled to, or any
relief avaitable to them, under their membership agreement, the common law
or any applicable legislation governing the bgal entity accredited as a
collecting society.