ADVOKS GLOBAL · KENYA
The Copyright Act (Collective Management) Regulations
18. Management, etc.
Edition: 2022-12-31 · In force
18. Management, etc.
(1)A collective management organisation shall ensure that any person who manages its business does so in a prudent manner, using prudent administrative procedures, accounting procedures and internal control mechanisms.(2)A collective management organisation shall establish procedures—(a)for avoiding conflicts of interest; and(b)where conflicts of interest cannot be avoided, to identify, manage, monitor and disclose actual or potential conflicts of interest in such a way as to prevent them from adversely affecting the collecting interests of rights holders represented by the organisation.(3)The procedures referred to in paragraph (2) shall include an annual statement by the person referred to in paragraph (1) to the general meeting, stating—(a)any interests in the collective management organisation;(b)any remuneration received in the preceding financial year from the collective management organisation including benefits in kind and other types of benefits;(c)any amount received in the preceding financial year as a rights holder from the collective management organisation; and(d)a declaration concerning any actual or potential conflict between—(i)any personal interests and those of the collective management organisation; and(ii)any obligations owed to the collective management organisation and any duty owed to any other person.(4)A collective management organisation shall ensure that its training procedures for employees, agents and representatives include appropriate training on conduct that complies with its obligations under these Regulations.