French Intellectual Property Code
In forceThe procedures referred to in Article L. 323-12 provide in particular for the drawing up of an annual individual declaration by each of the members, who are natural persons, of the board of directors, or of the supervisory board and of the management board when the organisation has one, as well as by each of the legal representatives, specifying:
1° Any interest he holds in the collective management organisation;
2° Any remuneration he received during the previous financial year from the organisation, including in the form of pension benefits, benefits in kind or any other advantage;
3° Any income received during the previous financial year from the organisation as a rights holder;
4° Any actual or potential conflict between his personal interests and those of the organisation or between his obligations to it and those he has to any other natural or legal person.
This declaration shall be made available to the members of the general meeting for a period of two months prior to the annual meeting of that meeting at the registered office of the collective management organisation. The conditions under which it may be consulted must ensure respect for privacy, the protection of personal data and business secrecy.
The articles of association or the general regulations shall determine the penalties applicable to any person who fails to send his full declaration to the body within the time limits they set or who includes incorrect information in that document. These penalties must be graduated and proportionate.
