3.1 – Professional ethics rules
3.1.1 – Common provisions
All members of a body of the society undertake to exercise their profession as a performer in accordance with the law regarding performers and the values defended by the society.
All members of a body undertake to participate diligently in the work of said body and to inform the society of any impediment that might cause them to be unable to comply with this rule.
All members of a body of the society shall refrain from using their title and/or functions to secure, or provide to a third party, any financial or non-financial benefit.
All members of a body undertake to strictly respect confidentiality in the performance of their duties.
In this respect, they undertake to keep strictly confidential and not to disclose the discussions in which they participate as well as any information to which they have access in the performance of their duties.
When they take office, all elected or appointed members of a body of the society sign the society’s professional ethics and confidentiality charter, with which they undertake to comply throughout their term of office, and for the provisions applicable beyond this, as long as the obligations continue.
Following the opinion of the Ethics Committee, any associate elected or appointed within a body that fails to comply with these rules may be suspended from office by the Managing Director until the reasons that led to his suspension have been put to an end.
Any members subject to suspension shall be notified of the grievances against them at least one month before the meeting of the Ethics Committee, by registered letter with acknowledgement of receipt sent by the Chairman of the Ethics Committee.
They are invited to speak at the said meeting of the Ethics Committee. Should the interested party fail to appear, the decision taken shall be deemed to have been made in the presence of both parties, without prejudice to any other sanctions that may be incurred, up to and including revocation in accordance with the procedure applicable to him.
3.1.2 – Annual declaration of interest, incompatibilities and conflicts of interest
In the cases provided for in Article 16.2 and the last paragraph of Article 16.4 of the Statutes, the Managing Director, and with regard to the latter, the Chairman of the Board of Directors, shall inform the Ethics Committee and notify the defaulting party that it has a period of one month to comply and provide evidence thereof. This notification is also sent to the defaulting party, at the request of the Ethics Committee, when referred to it under the conditions provided for in Article 23 of the Statutes.
In the absence of compliance, the defaulting party shall be given formal notice by registered letter with acknowledgement of receipt. If compliance is not achieved within fifteen days of receipt of the formal notice, defaulting parties shall be automatically suspended from their duties until compliance is achieved and the measure notified by the Managing Director to the Chairman of the Board of Directors or of the body concerned.
The Managing Director, or if the latter is the party concerned, the Chairman of the Board of Directors may also recommend to the Board of Directors, after the opinion of the Ethics Committee, the definitive dismissal of the elected representative concerned in accordance with the procedure provided for in Article 3.2 of these Rules, if the failure observed continues beyond one year of suspension.
3.1.3 – Provisions applicable to the procedures for granting aid paid pursuant to Article L.324-17 of the French Intellectual Property Code
The directors and the members of the Selection Committees with a direct or indirect interest in a request for aid considered by a Board of Directors or a Selection Committee undertake to inform the person chairing the meeting before the start of the meeting to be considered. They do not attend the debate or vote on this request.
A member of the Supervisory Board directly concerned by a request for aid examined by a Board of Directors or a Selection Committee, undertakes to inform the Managing Director as soon as he becomes aware of this request. He shall be automatically suspended from his activities on the Supervisory Board until the decision on the granting or rejection of the requested aid is taken. He may not access the case file in the course of his supervisory duties.
Direct interest is defined as being a personal applicant, executive leader or corporate officer of the legal entity requesting assistance.
Indirect interest is defined as being involved in the project for which the application is made or having any connection whatsoever with the legal entity making the application.
The first paragraph does not apply to directors or associate performers mandated by the society’s Board of Directors to sit on any body of any legal entity requesting aid paid in application of Article L.324-17 of the Intellectual Property Code.
At the end of each financial year, associate performers who are associates of the Selection Committees managing the amounts resulting from the application of Article L.324-17 undertake to complete and return to the Managing Director of the society a statement summarising the requests for assistance to which they were linked by direct or indirect interest. For directors sitting on these Committees, this declaration is contained in the declaration of interests referred to in Article 16.4 of the Statutes. The Managing Director collates these declarations and draws up an annual table which is communicated to the Statutory Auditor, as well as to the associates at the General Assembly.
3.2 – Procedure applicable to a member of a body
3.2.1 – Following the opinion of the Ethics Committee, any member elected or appointed to a body and failing to comply with the charter and in particular these rules and those provided for in addition by the Board of Directors, may be suspended from his duties by the Managing Director until the reasons that led to his suspension are ended.
Any associate liable to be suspended is notified of the grievances against him at least one month before the meeting of the Ethics Committee, by registered letter with acknowledgement of receipt sent by the Managing Director.
He is invited to speak at the said meeting of the Ethics Committee. Should the person concerned fail to appear before the Management Board, the decision taken by the latter shall be deemed to be made in the presence of both parties, without prejudice to any other sanctions that may be incurred.
3.2.2 – Any associate who is a member of a body elected by the General Assembly, after having been suspended from his duties pursuant to Article 3.2.1 of these General Regulation, may be dismissed by the General Assembly on a proposal from the Board of Directors after consulting the Ethics Committee. The disagreement of the Board of Directors with the opinion of the Committee must be justified in writing.
Any other member appointed to a body, and more generally any person appointed by the society to represent him, who breaches the society’s rules of ethics or who does not attend meetings of the said body for more than one year without good cause, may be dismissed by the Board of Directors after consulting the Ethics Committee. The disagreement of the Board of Directors with the opinion of the Committee must be justified in writing.
The member liable to be dismissed shall be notified at least one month before the meeting of the Board of Directors, by registered letter with acknowledgement of receipt sent by the Chairman of the Board of Directors, of the grievances against him.
He is invited to speak at the said Board meeting. If the representative concerned is a member of the Board of Directors, he does not take part in the vote on the proposal. If the interested party does not appear before the Board of Directors, the decision taken by the latter shall be deemed to have been made in the presence of both parties, without prejudice to any other sanctions that may be incurred.
The Board of Directors shall decide by a simple majority of votes cast by secret ballots.