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Statutes – Article 8 – Loss of associate status

8.1 – Resignation

Any associate in the society is free to resign. The resignation is notified by the associate to the Managing Director of the society by post and/or digital means according to the conditions defined by the society and made known to the associates on its website.

The resignation is effective on 31 December of the year in which the request was made, subject to receipt by the society no later than fifteen working days before the due date. Failing this, its effect is postponed to 31 December of the following year.

An associate resigning from the society shall be reimbursed the nominal amount of his share.

8.2 – Cancellation

Holders of a share by inheritance or bequest, who have not benefited from a distribution of rights during the last ten financial years, may be subject to cancellation, resulting in the loss of their status as associates. This cancellation shall be pronounced by the General Assembly on proposal of the Board of Directors, which shall determine the terms and conditions thereof and brings them to the attention of the associates by any means.

The consequences of this cancellation shall be the same as those of resignation.

If the performer whom the holders of a share succeed has ceased to be a beneficiary of neighbouring rights due to the integration of his repertoire into the public domain, the cancellation shall take place automatically. It is recorded by the Managing Director, who reduces the share capital up to the nominal value of the share.

8.3 – Suspension

The Board of Directors may suspend a member until the next Annual General Meeting for any of the following reasons:

– Serious or repeated breach of the Society’s Statutes and General Regulation;
– Action prejudicial to the material or moral interests of the Society or of one or more of its members;
– Serious breach of the obligations contracted by joining the Society which makes it impossible for the Society to manage the rights;
– Serious breach of the rules of professional conduct.

During this period, elected office is suspended and any candidacy for election to the bodies is prohibited.The suspension decision is taken by the Board of Directors by a simple majority of the votes of the votes cast and may only be taken after the member has been invited to express their views in accordance with the conditions set out in Article 4.2 of the General Regulation.

8.4 – Exclusion

The Extraordinary General Assembly may, on the proposal of the Board of Directors, decide that one or more associates shall cease to be part of the society for one of the following reasons:

– Serious or repeated breach of the society’s Statutes or General Regulation;
– Action detrimental to the material or moral interests of the society or one or more of its associates.
– Serious breach of the obligations contracted by joining the Society which makes it impossible for the Society to manage the rights;
– Serious breach of the rules of professional conduct.

The decision to exclude is taken by the Extraordinary General Assembly by a simple majority of the votes cast and may only take place after the associate has been invited to speak under the conditions provided for by Article 4.3 of the General Regulation.
The exclusion of the associate is effective on the day of the decision of the Extraordinary General Assembly. With effect from the decision to exclude, the society shall repay the value of the share at its nominal amount.

 

8.5 – The loss of the status of associate of a rightholder does not result in the latter losing the right to receive from the society the remuneration rights entrusted to it by law, a collective agreement or an inter-professional agreement.

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