ADVOKS GLOBAL · KENYA
The Copyright Act (Collective Management) Regulations
16. General meeting of collective management organisations
Edition: 2022-12-31 · In force
16. General meeting of collective management organisations
A collective management organisation shall ensure that—(a)a general meeting of its members is convened at least once a year;(b)the general meeting shall decide on any amendments to the memorandum and articles of association of the organisation, and the membership terms of the collective management organisation;(c)the general meeting shall decide the appointment and dismissal of the organisation's officials, review the officials' performance and approve their remuneration and other benefits;(d)in accordance with regulations 11, 12 and 13, the general meeting shall decide—(i)the policy on the distribution of amounts due to members and right holders;(ii)the policy on the use of non-distributable amounts;(iii)the investment policy on rights revenue and any income arising from the investment of rights revenue;(iv)the policy on deductions from rights revenue and any income arising from the investment of rights revenue;(v)the risk management policy;(vi)the approval of any acquisition of, sale of or charge on immovable property;(vii)the approval of mergers and alliances with other organisations; and(viii)retained amounts and the purpose of the retention of the amounts;(e)the general meeting shall control the activities of the collective management organisation by appointing an independent external auditor to regularly audit its accounts;(f)all members participate in, and vote at, the general meeting;(g)every member has a right to a proxy to participate in, and vote at, the general meeting on the member's behalf:Provided that the appointment shall be in writing and shall not result in a conflict of interest; and(h)subject to subparagraph (g)—(i)a proxy shall be valid for the general meeting at which it is used;(ii)the proxy shall enjoy the same rights in the general meeting as those to which the appointing member would be entitled; and(iii)the proxy shall cast his or her vote in accordance with the instructions issued by the appointing member.