Statutes – Article 16 – General provisions applicable to the bodies

16.1 – Eligibility conditions

Any candidate to a body must:

  • be of legal age, as determined by national law,
  • be a national or resident of a Member State of the European Union,

16.2 – Incompatibilities

16.2.1 – The following may not be members of an elected body:

  1. a) Associates who sit on the administration, management, executive and supervisory bodies (Management, Board of Directors, Supervisory Board, Committees, etc.) of any other collective management body, unless they receive a special mandate from the society’s Board of Directors to carry out these duties,
  2. b) The employee associates of the society, unless they hold a fixed-term employment contract,
  3. c) Associates who, primarily in their name or as a legal representative, corporate officer, or associate of an administrative, management or management body, are employers of performers for the purpose of determining the reproduction or broadcasting of their performances, except in the case of a producer-perfomer.

For the purposes of this paragraph, any performer who produces his own performances is considered to be a performer-producer,

  1. d) Associates exercising the profession of artistic agent, manager or payment agent and/or domiciliation of holders of rights represented by the society or linked to them by a representation mandate,
  2. e) Associates deprived of the exercise of their civil rights,
  3. f) Associates, holders of related rights by inheritance or bequest, not personally associated
  4. g) Associates excluded or subject to a society exclusion procedure,

16.2.2 – In addition to the provisions of Article 16.2.1 above:

Members of the Supervisory Board and the Ethics Committee must not have been convicted of any criminal offence,

Members of the Supervisory Board and the Ethics Committee may furthermore not be Managing Director of the society, associates of another elected body of the society, employees of the society, including under a fixed-term contract, be remunerated by the society directly or indirectly, or be the beneficiary of assistance granted by the society under Article L.324-17 of the French Intellectual Property Code.

16.2.3 – In the cases of incompatibilities provided for in these Statutes, the procedure provided for in Article 3.1 of the General Regulation applies.

16.3 – Indemnities

The members of an elected body of the society shall not receive any remuneration for their elected functions and shall not receive any benefits in kind.

They may be granted allowances approved by the General Assembly, in particular to compensate for their attendance or travel time, reimbursement of actual expenses incurred in the context of their duties and on the basis of supporting documents, or remuneration for technical assignments that are not related to their function as elected members of a body of the society.

16.4 – Annual declaration of interest

The Managing Director, the members of the Board of Directors and those of the Supervisory Board of the society shall make the individual annual declaration provided for in Article L.323-13 of the French Intellectual Property Code no later than the end of January of each year.

This declaration by the Managing Director and the members of the society’s elected bodies also covers cases of conflict between their personal interests and their obligations vis-à-vis Adami and the interests of Adami, and agreements subject to the control of the society’s Statutory Auditor.

Cases of conflict may be direct or indirect, actual or potential.

The declaration of the members of the elected bodies is given to the Managing Director who sends it to the Ethics Committee which monitors them according to the procedure provided for in Article 3.1.2 of the General Regulation.

The Managing Director’s statement is provided directly to the Chairman of the Ethics Committee, which ensures the confidentiality of the information it contains.

It may be viewed by the associates for a period of two months before the annual General Assembly at the society’s registered office, where they may become familiar with it, with due respect for privacy, the protection of personal data and business secrecy.

In case of omission or erroneous information, the procedure provided for in Article 3.1.2 of the General Regulation shall be applied.

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