«Kazakhstan authors' society»
Charter 2013

“APPROVED”

By General Meeting of Society
As of “ 31 ” July 1998


Registered with the Ministry of Justice
Republic of Kazakhstan
As of 4 September 1998
№ 3038-1900-КБ
 

CHARTER
REPUBLICAN PUBLIC ASSOCIATION
KAZAKHSTAN AUTHORS’ SOCIETY (as amended)

 

Almaty 2013

*General Provisions
*Society’s Subject and Aims
*Society’s Rights and Obligations
*Society’s Membership
*Society’s Institutional Structure
*Society’s Management Bodies
*Authors’ Council
* Society’s Board of Directors
*Branches and Representative Offices
* Society’s Assets and Property
*Charter Amendment Procedure
* Termination of Society
* Branch Regulations

 

I. GENERAL PROVISIONS

 

1.1. Kazakhstan Authors’ Society Republican Public Association (Society) is an organization to manage the

rights of authors of literature and art on the collective basis in line with the Civil Code of the Republic of Kazakhstan. 

The Society is a non-commercial organization not pursuing profit as main purpose of its operations.

The authors and right holders established the Society to achieve the aims and tasks stipulated by the Charter.

The Society operates subject to the Constitutions of the Republic of Kazakhstan, Civil Code, Public Association

Law, Section IV of Law On Author’s and Neighbouring Rights and other laws of the Republic of Kazakhstan as well as the Charter according to the principles of voluntary and equal membership, democratic self-governance and transparency.

Full name:

In Kazakh: Республикалық қоғамдық бiрлестiк "Қазақстан авторлары қоғамы (ҚазАҚ)"

In Russian: Республиканское общественное объединение “Казахстанское Авторское Общество” (КазАК).

1.2. The Society is a legal entity and has: domestic and foreign currency-denominated settlement accounts

with the banks of the Republic of Kazakhstan to settle accounts with authors and their successors and carry out its operations; has a round seal bearing its name and may acquire property rights and incur obligations as well as be a plaintiff or defendant in any litigation.

1.3. In accordance with the effective legislation, the Society is independent upon carrying out its operations,

is an owner and independently disposes its property and money acquired or received as the result of its operations.

1.4. The Society’s members are not liable for the Society’s obligations as well as the Society is not liable for

the obligations of its members. The Society is not liable for the obligations of the state and its bodies as well as the state and its bodies are not liable for the Society’s obligations.

1.5. The Society has a national status and its operations cover the whole Republic of Kazakhstan.

1.6. The Society may join any international public associations, keep direct international contacts and

relations, and enter any respective agreements.

1.7. The Society’s registered office: 29 Zheltoksan, Almaty.

 

II. SOCIETY’S SUBJECT AND AIMS

 

2.1. The Society’s purpose is protection authors’ rights for literature and art works, implementation and

safeguard of their authors’ rights in the Republic of Kazakhstan and abroad . The Society’s purpose is also assistance to authors and right holders in implementation and protection of the property rights on the contractual basis, including on the basis of the powers accorded by the foreign collective management, assistance in transfer the rights to use the authors rights’ objects, and their registration and deposit.

2.2. In the framework of the effective legislation, the Society’s main aims:

1) management of the property rights of authors or their successors of literature and art works on the collective basis

if individually it is problematic (public performance, including via radio and TV, works by mechanic, magnetic or other recording, reproduction, replication of the visual, artistic and applied art in industrial scales, publishing, reproduction of audio-visual works or audio-recordings for personal purposes and other cases) in the framework of the effective legislation;

2) assistance to authors and their successors in transfer of the rights for use the literature and art works on the

individual basis;

3) management of exclusive rights for publicized music works (with or without texts) and abstracts of music and

dramatic works in respect of their public performance, satellite or cable transmission, including by retranslation;

4) implementation of the rights of composers of musical works (with or without texts), used in audio-visual works, for

receiving remuneration public performance or transmission by satellite or cable of such audio-visual works;

5) implementation of the rights of authors for remuneration for performing phonograms and audio-visual works for

personal purposes;

6) management of exclusive rights for any publicized works and their extracts regarding their public performance,

transmission by satellite and/or by cable (including by means of retranslation), making public works, publishing, dissemination in internet, dissemination via digital-electronic carriers, including musical works (with or without texts), dramatic, music-and-dramatic, literary and other works (amended by the resolution of the General Meeting as of 10.10.2013);

7) representation of lawful interests of authors and their successors in state and public bodies and organizations.

 

III. SOCIETY’S RIGHTS AND OBLIGATIONS

 

3.1. The Society to reach its charter aims in the framework of the effective legislation of the Republic of

Kazakhstan shall have the right:

to distribute the information about its operations;

to hold the assemblies, meetings, demonstrations, rallies and picketing;

to establish mass media facilities;

to carry out publishing;

to join any international non-commercial and non-governable organizations;

to make the agreements with authors and right holders on transfer the powers to manage the rights, including foreign

organizations managing the rights on the collective basis and make any other agreements;

on the basis of agreements with authors or their successors to manage their rights on the collective basis in the

Republic of Kazakhstan, and also on the basis of the agreements of reciprocal representation of rights with foreign authors’ societies – in other countries;

to issue to users the licenses for respective use of rights, which are managed by the Society;

upon management of the property rights on the collective basis the Society shall approve with the user the size

of the author fee, and also other conditions on which the license is issued;

to deposit literature and art works (amended by the resolution of the General Meeting as of 10.10.2013)

to deposit works of science, literature and art;

to collect, allocate and distribute the authors’ fees due according to the effective legislation to the authors or their

successors without issuing the license, including upon performing audio-visual works and audio-recordings for personal purposes;

to demand and receive the reports on use of authors’ right works as well as other information and documents

necessary for collection and distribution of fees, the list and dates of their presentation are established in the licensing agreements and agreements on remuneration;

carry out settlements with foreign societies and organizations under the reciprocal interest representation

agreements subject to the effective legislation;

to keep records of the work users, registers right holders and works;

to take any legal actions necessary to protect the rights managed by the Society;

to sue as the representative of the Society’s members any individuals and legal entities, any administrative or other

bodies liable for unlawful use of works;

to take part in any legal proceedings at any judicial bodies holding all the rights accorded by the virtue of law to any

claimant, defendant or third party, including the right to sign the claim, to change the subject and ground of the claim, to make amicable settlement, to reassign the powers to another person (reassignment), appeal the court’s ruling, to demand enforcement of the court ruling, to receive and award any property or money, including royalties, compensation or any amounts due as the damage compensation;

on the basis of powers assigned by the authors and their successors to participate in agreements on assignment of

rights to use the works in Kazakhstan and abroad;

to allocate the royalties for use of authors’ works between right holders and to pay them of the due royalties

deducting from the collected royalties the amounts to cover the necessary costs of collection, allocation and distribution and the amounts contributed to the special funds established by the Society in the interest of authors;

on the contractual basis to assist the legal entities and individuals in acquiring the author and neighbouring rights in

Kazakhstan and abroad;

on the contractual basis to provide legal assistance for protection of the author and neighbouring rights in

Kazakhstan and abroad;

to receive and pay respective amounts due as result of providing of legal assistance;

subject to the established procedure to participate in the activities of the international organizations in the collective

management area;

to provide non-advocacy legal assistance in the author right area (to members of the Society free of charge);

within its powers to make the reciprocal interest representation with the collective right management societies

(organizations) in other countries, other agreements with respective author right organizations of other states;

forms the registers containing the information on right holders, rights assigned for the Society’s management, and

objects of such rights;

the data contained in such registers are provided to all the concerned parties according to the procedure established

by the Society, save the information which could be disclosed only upon the approval of its owner;

to place in an open information system the information on the rights assigned to the society for management,

including the author right object name, name of an author or another right holder.

to present according to the established procedure the opinion on improving the author right legislation;

to provide the clarification on author right issues related to the Society activities;

to provide free of charge non-advocacy assistance to the members of the Society;

subject to the powers assigned by holders of rights, to carry out other functions, based on the effective author law

legislation and stipulated by adherence of Kazakhstan to the multi-lateral and bilateral agreements on mutual author right protection;

on the basis of the state accreditation and in accordance with the effective legislation of Kazakhstan, to manage the

rights of right holders having the agreements with the Society as well as the right holders not having the agreements with the Society, and accept as members all the right holders having the right for royalties collected as royalty, unless acceptance of such a right holder as a Society member is not in line with law;

the holder of rights not entering with the Society any agreement on assignment of powers to manage the rights, has

the right to fully or partially recall the management of its rights by the Society, notifying in writing on his/her decision the Society, including indication of the rights and objects to be excluded; the months after receiving the respective notice, the Society shall place the relevant information on the information system; in addition the Society shall pay to the holder of rights his royalties;

to establish in Kazakhstan its branches and representative offices in Kazakhstan;

for reaching its charter goals to establish special funds and other self-financed organizations having the rights of

legal entities;

may build, purchase, lease and let on lease, in full business control and operative management both in

Kazakhstan and abroad movable and immovable assets in accordance with the effective legislation (amended by the resolution of the General Meeting as of 10.10.2013).

3.2. Society shall:

abide the legislation of Kazakhstan and Charter regulations;
allow its members to study the documents and resolution affecting their rights and interests;
inform its members on revenue and expenses, present to holders of author rights the reports on use of their rights;
use the collected under the licensing agreement royalties for allocation and distribution to holders of author rights;
inform the registering body on changing the location of the standing management body and details of managers

within the scope of information included into common state register, inform about the Society’s activities, admit its representative at the events organized by the Society .

 

IV. SOCIETY’S MEMBERSHIP

 

4.1. The Society is established and acts on the basis of voluntary and individual membership.

4.2. The members of the Society could be:

authors and their successors agreed to assign to the Society the functions to manage their rights on the collective basis;

authors and their successors agreed to receive the Society’s assistance in assignment of the rights to use the works on the individual basis.

4.3. Foreigners and stateless persons could be the Society’s members.

The Society’s members shall have the right:

to elect and be elected into the management and audit bodies of the Society ;

to elect and be elected as participants of the General Meeting and Conference having casting vote works (amended by the resolution of the General Meeting as of 10.10.2013);

to submit for examination of the Society’s bodies the proposals on issues within the authority of the Society and participate in discussion of these issues;

to participate in voting at the meeting of the Society’s members on issues within the authority of the meeting;

to obtain information-methodological and legal assistance; enjoy assistance of the Society in establishing the contacts with foreign partners and participate in negotiations;

upon receiving of the due royalties to request the information on use of the items of the author and neighbouring rights and accrued royalties.

4.4. The Society’s member shall:

contribute to implementation of the Society’s functions and respect this Charter;

respect provisions of this charter and other regulations of the Charter, implement the resolutions of the management bodies of the Society ;

participate in the activities of the Society ;

meet timely its obligations to the Society ;

present the information necessary to implement the matters related to the activities of the Society.

4.5. The author or his successor shall make a respective written agreement with the Society to be a member of the Society.

Termination of membership starts from the moment of submitting an application on termination of the written agreement with the Society.

 

V. SOCIETY’S MANAGEMENT BODIES

 

5.1. The supreme management body of the Society is the General Meeting (Conference), convened not less

than once in 5 years. The management of the Society between the General Meetings shall be carried out by the Author’s Council. Author’s Council is an executive body. The Author’s Council shall fix the procedure of convening and holding the General Meeting (Conference) (amended by the resolution of the General Meeting as of 10.10.2013).

The Author’s Council shall call the extraordinary General Meeting upon its own initiative or upon request, at least, half of the members of the Society.

5.2. The exclusive powers of the General Meeting shall include:

adoption of the Charter of the Society and making amendments to it;

establishing the authorities, organizational structure, procedure of formation and termination of the

authorities of the Society’s management;

election of the Author’s Council and Audit Commission of the Society;

election for five years of the Chairman of the Society, who is, also, Chairman of the Author’s Council of the Society;

establishment of the procedure and regularity of the financial reports of the executive bodies and procedure of

checking by the controlling bodies and approval of its results;

approval of the reports of the Author’s Council and Audit Commission, including the reports on financial operations of

the Society;

approval of the minimal rates of royalties for use of works, method of allocation and distribution of the collected

royalties;

establishment of commissions from the collected and/or received amounts of royalties, which the Society deducts to

cover its costs related to its charter functions;

establishment of special funds under the Society and approval of the size of deducts to the established funds from

the royalties;

within the limits established by the laws to make the resolutions on participation of the Society in creation and

activities of other legal entities, and its branches and representative offices;

the resolution to close down the Society;

The General Meeting shall be lawful if, at least, 25% members of the Society or more than half representatives are

present at the Meeting. The Meeting shall choose the way of voting – secret or open. The resolutions are adopted by the simple majority of votes (amended by the resolution of the General Meeting as of 10.10.2013);

The Author’s Council shall have the right to hold annually the meeting of the Society’s members to listen the report

of the Board of Directors on the year results and to discuss the day-to-day issues. This reporting meeting shall not need any quorum .

5.3. The General Meeting shall elect the Author’s Council for 5 years among the prominent and active

representatives of the literature and art - 19-21 persons.

The Author’s Council shall be called as necessary, but not less than semi-annually.

If any vacant posts in the Author’s Council (due to the illness, permanent emigrating abroad, retirement, withdrawal,

etc.), between the Meetings, the Author’s Council shall replenish its members by rotation of active and experienced members of the Society. The resolution on this issue shall be adopted if 2/3 of the active members of the Author’s Council .


If ½ or more members of the Author’s Council resign, then, within 6 months, the extraordinary General Meeting of

the members of the

Society shall be called to elect new members to replace the resigned ones.

5.4. The Author’s Council:

is a managing and controlling body in respect of all the activities of the Author’s Society;

set the procedure and the date of the ordinary General Meeting, agenda, number of participants with the casting votes from the total number of the Society’s members ;

if the Society’s Chairman fails to perform or abuses its official position, the Society shall call an extraordinary General Meeting to elect a new Chairman ;

elect for 5 years the General Director of the Society ;

approve the membership of the Board of Directors ;

between the Meetings introduce for new types of work using the minimal tariffs (percentage, lump sums) of royalties for the collectively managed rights, to test them in practice, then submit them for approval of the ordinary or extraordinary General Meeting; this resolution shall be obligatory until its approval at the General Meeting; in case of non-approval or non-submission for approval of the Meeting, such resolution loses its power ;

examine the amount of deductions from the royalties to the established funds and submit them for approval of the General Meeting ;

establish the fee for deposit of literature and art works (amended by the resolution of the General Meeting as of 10.10.2013);

examine the issues related to establishment of the branches of the Society and approve their Regulations;

approve the budget and personnel list of the Society;

examine and approve the report on results of the Society’s business and financial performance ;

upon its own initiative or upon proposal of the Board of Directors approve the in-house administrative procedure;

examine and approve the procedure of allocation and distribution of the royalties;

examine and approve the Regulations on newly-established funds ;

make the resolution on spending the funds of the Social Fund and on rewarding and providing financial assistance to the authors from the Social Fund and/or approve the resolutions of the Board of Directors on this issue ;

appoint the Deputy Chairman of the Author’s Council and executive secretary out of members of the Author’s Council and specialists in this area ;

upon request of the General Director, approve the templates of agreements to be entered with the holders of rights, establish the procedure for access to the Society’s membership, exclusion from the Society ;
establish consultation commissions on main activities of the Society, which should include the author right experts;

make the resolution on dismissal of the General Director, if he fails to meet its obligations or abuses his official position, and appoint a new one out of members of the Society or well-known author right experts ;

if necessary to resolve very complicated issue, which should be resolved urgently, but within the authority of the Author’s Society, to save the funds and time, it may, in place of the extraordinary General Meeting, call the conference under the proxy of the Society’s members; the number of participants of the conference shall depend proportionally the total number of the Society’s members. The resolutions of the participants of the conference shall be valid for the period between the Meetings and, then, if necessary are approved by the ordinary General Meeting ;

listen the reports of the heads of the Management Body, line divisions on the situation in the Society, its departments and regions ;

upon initiative of the Chairman of the Author Council and Audit Commission examine and settle other matters, save which are within the exclusive authority of the General Meeting;

exercise other powers stipulated by this Charter.

5.5. The meeting of the Author’s if 2/3 members of the Author’s Council are present.

The resolutions adopted by the simple majority of votes of the Society’s members present at the meeting.

5.6. The Honorary Chairman of the Kazakhstan Authors’ Society.

The General Meeting shall elect for 5 years the Honorary Chairman of the Author’s Society out of the literature and

art representatives, who are members of the Society and made substantial contribution in development of literature and art of Kazakhstan, as well as arising and development of the authors’ right in Kazakhstan, in parallel, he is the Chairman of the Authors’ Council .

The Honorary Chairman of the Society shall coordinate all the operations of the Society to organize and implement

the property author rights in Kazakhstan. He shall develop the Society development strategy and control financial operations of the Council (amended by the resolution of the General Meeting as of 10.10.2013).

5.7. The Chairman of the Authors’ Council shall:

exercise general management of the Authors’ Council, prepare the issues to be reviewed by the Authors’ Council ;

open the General Meeting of the Society’s members and run its activities ;

at least, once in five years, at the ordinary or extraordinary General Meeting, present for the approval of the General Meeting the report on the Society’s activities, including financial issues ;

chair at the meetings of the Authors’ Council and manage its operations;

report the Authors’ Council about the situation in the Society;

without of any power of attorney represent the Society in governmental bodies, public associations and foreign organizations ;

for improving the operation of the Society’s office, develop and submit for review of the Authors’ Council for adoption the statutory in-house documents, instructions on the issues within his authorities .

5.8. Propose for approval of the Authors’ Council the General Director of the Society and other directors of the management body. 

Propose for approval of the Authors’ Council the deputy Chairman and executive secretary out of the

members of the Authors’ Council (amended by the resolution of the General Meeting as of 10.10.2013). The executive secretary shall keep the minutes of the meetings of the Authors’ Council, prepare the issues to be reviewed at meetings of the Authors’ Council, coordinate cooperation between the Authors’ Council and Audit Commission. In absence of the Chairman of the Authors’ Council and his deputy, he shall run the Council’s meetings .

Board of Directors

5.9. The Authors’ Council consisting out of the prominent literature and art figures, who are members of the

Society, author right experts and executives of the Society’s office (5 persons) shall approve the membership of the Board of Directors of the Society;

the Board of Directors shall include the General Director, his deputies, heads of departments and other services;

The right holders and relevant experts could be also the members of the Board of Directors;

If any vacancy in the Board of Directors (due to any illness, permanent changing the country of residence, resign, retirement, etc.) its membership is replenish by rotating the active and qualified members of the Society. This matter is settled at the joint meeting of the members of the Authors’ Council and Board of Directors of the Society by 2/3 voting of the members .

5.10. The Board of Directors of the Society shall:

be management and executive body, running the current affairs and exercising day-to-day management of all the operations of the society ;

settle the issues related to the approval of the agreement conditions due to the current state of play Council (amended by the resolution of the General Meeting as of 10.10.2013) and the size of the royalties paid by the users of works under the licenses issued by the Society;

approve the structure and personnel list of the Society within the total budget approved by the Authors’ Council;

examine the issues of the business and financial activities, check implementation of the adopted resolutions;

listen reports of the line divisions of the Society and its office;

establish salaries, size of additional payments, bonuses and other stimulating rewards to all categories of the Society’s staff within the labour remuneration limits stipulated by the budget ;

makes decisions on compensation of expenditures of the active members of the Authors’ Council and Board of Directors, who are staff of the Society, related to the performance of the functions of the members of the Authors’ Council and Board of Directors;

settle other issues stipulated by the Charter and not covered by the exclusive authority of the Authors’ Council and Board of Directors;

The General Director shall hold the meeting of the Board of Directors as necessary, but not less than once in 3 months;

The resolutions of the Board of Directors are adopted by the simple majority of votes;

If voting divided equally the vote of the General Director is counted as two votes.

5.11. The General Director of the Authors’ Society.

The General Director shall:

be responsible for all the organizational-business activities of the Society and manage the work of the Board of Directors, represent the Society without any power of attorney in all state, judicial bodies, public, commercial and other organizations ;

chair the meetings of the Board of Directors and prepare the issues reviewed at the meeting ;

hire and dismiss the employees of the Society, stimulate good performing employees, apply reprimands, appoint the heads of sections and departments ;

upon approval of the Authors’ Council appoint his deputies out of the members of the Society and authors’ right experts ;

if necessary, the General Director may include in the personnel list various control and executive structures and posts ;

report to the Authors’ Council and Board of Directors about the situation in the Society ;

represent the Society before the various public associations, foreign organizations ;

for improving the operation of the Society develop and submit for approval of the Authors’ Council for adopting the respective order, decision, instruction ;

settle the issues of financing and logistic support of the Society, for this purpose, make agreements, issue orders, decisions, instructions and other organization-statutory and financial documents ;

submit to the Authors’ Council for approval the budget of the Society and report on its implementation ;

The General Director is a member of the Authors’ Council by virtue of its position. In case of dismissal of the General Director by the resolution of the Authors’ Council, if he is not a member of the Authors’ Society, he is withdrawn from the Authors’ Council .

5.12. To check the compliance with this Charter, audit of the financial and business operations, checking the assets and accounts of the Society, for the period of 5 years, the Society shall elect the Audit Commission out of three persons, who are not members of the Council and Board of Directors.

The Audit Commission shall elect out of its members the Chairman and Secretary.

The Audit Commission to perform its functions shall have the right to study all the financial and other documents of the Society, and attract for its operations the members of the Society;

The Audit Commission shall, at least, once in 5 years present at the ordinary or extraordinary General Meeting for its approval the report on performed audits of the financial activities of the Society;

The Audit Commission shall hold its meetings, at least, annually; 

The proposals of the Audit Commission are submitted for review of the General Meeting, Authors’ Council;

The resolutions are made by open simple majority voting of the Audit Commission’s members;

 

VI. SOCIETY’S INSTITUTIONAL STRUCTURE

 

6.1. The Society’s institutional structure is composed, in accordance with the effective legislation according to the

territorial principle, of branches and representative offices consisting, at least, of 10 persons.

6.2. The branches are not legal entities and act on the basis of the Society’s Charter and Model Regulations on

Branches.

6.3. Heads of any Branch are elected at the general meeting for 5 years by the local author community and act on

the basis of the Society’s power of attorney.

6.4. The Branch of KazAK is an institutional division of the Society protecting property rights of authors and their

successors.

6.5. Starting from the moment of registration on the basis of its Regulations, the Branch shall have the right to open

the accounts with banks of the Republic of Kazakhstan in accordance with the regime of accounts established by the regulations of the National Bank of Kazakhstan for branches, and possess a seal, official business forms.

6.6. The Branch shall operate in accordance with the legislation of Kazakhstan subject to the Charter and

Regulations on Branches.

 

VII. SOCIETY’S ASSETS AND PROPERTY

 

7.1. The Society may own buildings, structures, residential properties, vehicles, equipment, technical property and

other property to support the operations stipulated by the Charter. The Society shall have the right to acquire the titles to land plots, movable and immovable properties, alienate, lease and let on lease assets in Kazakhstan and abroad Council (amended by the resolution of the General Meeting as of 10.10.2013).

The Society’s financial funds are formed:

by deduction for support of the Society and running its statute activities (covering the costs of the Society to collect, allocate and distribute royalties charged by protectors of rights);

by deductions form the royalties received from abroad upon collective property right management ;

by non-requested royalties after expiration of three years of the transfer to the account of the Society;

by voluntary contributions, gifts, income and deductions from the national and foreign organizations, unions, firms, enterprises, establishments and citizens in the form of cash, material and cultural values and real estate;

by other income permitted by law.

The Society shall run the accounting and submit financial and statistical accounts according to the procedure established by the legislation of Kazakhstan .

Kazakhstan Authors’ Society is an owner of all its property and money, which could not be distributed between the members and are used only for its statute aims.

The legislation of Kazakhstan shall stipulate the procedure of transfer the property and money for the ownership or use of the Society.

The branches shall use the received property.

The General Director of the Society shall dispose its money in accordance with the budget approved by the Authors’ Council.

7.2. The Society shall have the right to exercise other activities contributing to its aims and functions,

development of its infrastructure and social base, and secure self-financing not contradicting the effective legislation.

 

VIII. CHARTER AMENDMENT PROCEDURE

 

8.1. The Society’s General Meeting shall have exclusive authority to make any amendments to the Charter.

The proposed amendments shall be preliminary submitted to the Authors’ Council, upon the initiative of the Chairman of the Society, Board of Directors or more than half of the members of the Authors’ Council or 1/3 of the members of the Society, and after review by the Authors’ Council are included into the Society’s agenda.

 

IX. TERMINATION OF SOCIETY

 

9.1. The Society shall be terminated by liquidation or reorganization subject to the relevant resolution of the

Meeting, if this resolution is adopted by 2/3 of the present at the General Meeting of the Society or upon the decision of the judicial bodies.

9.2. Reorganization or liquidation is carried according to the civil legislation of the Republic of Kazakhstan.

9.3. The Society’s General Meeting, which made the resolution to liquidate the Society, shall appoint the

liquidation commission and fix in accordance with the legislation of Kazakhstan the period for liquidation of the Society. The liquidation commission shall implement the Society’s resolution, allocate and distribute the royalties collected by the moment of making resolution on liquidation .

9.4. The funds and property of the Society liquidated upon the resolution of the Meeting shall be used for

purposes stipulated by the Charter.

9.5. The Society shall be deemed liquidated from the moment of its exclusion from the state register.

 

        Society’s Chairman                                                                               M. Yskakbai

 

 

 

 

 

 

 


“APPROVED”                                                                                                                                                                                                                                                                                        

 By the General Meeting

Kazakhstan Authors’ Society (KazAK)



Regulations
Kazakhstan Authors’ Society (KazAK) Branch

 

1. General Provisions

 

1.1. The branch is not a legal entity and shall carry out its operations subject to the Society’s Charter and Regulations on Kazakhstan Authors’ Society (KazAK) Branch.

The Kazakhstan Authors’ Society (KazAK) Branch is a division of the Society, which shall perform all or part of the Society’s functions in a particular area.

The general meeting of the authors shall elect the head of the branch for 5 years and he shall act on the basis of the Society’s power of attorney.

These regulations is developed subject to the Society’s Charter requirements.

1.2. The branch to be acknowledged as a division of the Society shall be registered at the justice registration bodies on the basis thereof.

After registration, the Branch shall have the right to open the account, have seals, stamps, relevant letter-heads.

1.3. The Branch shall act on behalf of the Society on the basis of the power of attorney issued by the Chairman of the Society’s Council.

1.4. Branch address:

1.5. Name and address of the Society: Kazakhstan Authors’ Society, 29 Zheltoksan Str., Almaty.
1.6. Full name of the branch:
In Kazakh: Республикалық қоғамдық бiрлестiк "Қазақстан авторлары қоғамының" бөлiмшесi.
In Russian: филиал Республиканского общественного объединения «Казахстанское авторское общество».
1.7. Branch operation period: unlimited.

 

2. Branch’s Aim and Subject of Operation

 

2.1. The Branch’s purpose is protection authors’ rights for literature and art works, implementation and

safeguard of their authors’ rights in the territory.

2.2. In the framework of the effective legislation, the Branch’s main aims are:

1) management of the property rights of authors or their successors of literature and art works on the collective basis if individually it is problematic (public performance, including via radio and TV, works by mechanic, magnetic or other recording, reproduction, replication of the visual, artistic and applied art in industrial scales, publishing, reproduction of audio-visual works or audio-recordings for personal purposes and other cases) in the framework of the effective legislation;
2) assistance to authors and their successors in transfer of the rights for use the literature and art works on the individual basis;
3) representation of lawful interests of authors and their successors in state and public bodies and organizations.

 

3. Branch’s Management Bodies

 

3.1. The supreme management body of the Branch, which shall be convened, at least, once in 5 years.

The extraordinary meeting shall be convened upon the initiative of the Branch’s Council or upon the request of 1/3 of the members of the Society or upon the request of the Society’s Author Council.

3.2. The Council shall notify the date and agenda of the meeting at least a month in advance.

The meeting shall be legitimate if more than half of the Branch’s members are present, a decision is adopted by the majority of votes of members present at the meeting. The meeting shall arrange the form of voting open or close (secret).

3.3. Branch’s Meeting shall:

determine the main fields of activities of the Branch for the forthcoming period;
elect for five years the Society’s Council (the number of members is fixed by the meeting) and its Chairman, hear and approve their reports;
nominate the delegates to the General Meeting of the Society;
examine the critic and comments on the Branch;
review and settle other important matters of the Branch;

3.4. Between the meetings the executive body of the Branch shall be its Council. The Council’s meeting shall

be held at least semi-annually and shall be legitimate if more than half of its members are present. The decisions are adopted by the majority votes of the preset at the meeting.

3.5. Branch’s Council shall:

elect for the period of its mandate Deputy Chairman;
approve the income and expenditure budget;
approve the number of the official staff of the Branch;
make proposals to the management bodies of the Society, preliminary discuss and make decision to include various issues in the meeting’s agenda;
convene the meeting;
develop the plan of actions and budget of the Branch;
select, appoint and train official staff;
exercise other functions under the Regulations.

3.6. Chairman of Branch:

represent the interest of the Branch in the Society, governmental, public and other legal entities;
make and terminate the legal transactions under the power of attorney issued by the Society;
have the prime authority to sign any documents;
issue the orders and directives;
organize the Council’s operations and sign its adopted decisions;
vested with other powers not contradicting the Society’s Charter and these Regulations.

3.7. Deputy Chairman shall:

organize paperwork, draft documents;
arrange performance and control over implementation of the decisions of the Society and Branch;
replace the Chairman of the Branch during his absence;
perform other functions within his powers.

 

4. Procedure of Branch Liquidation


4.1. The Branch could be liquidated upon the decision of the court or meeting.
4.2. The Council of the Branch or the Author’s Council of the Society may initiate liquidation of the Branch.
4.3. Upon liquidation, the meeting shall appoint the liquidation commission to settle property issues. The liquidation commission shall mandatory include the representatives of the Society.
4.4. The decision of the Branch on liquidation of the Branch shall be communicated to the Author’s Council of the Society prior the meeting convening.
4.5. The liquidation commission shall evaluate the remaining property and assets, settle accounts with debtors and creditors, and report to the Author’s Council of the Society.
4.6. After liquidation of the Branch its remaining property and assets shall be possessed by the Society.






 

Cisac Database

Available only for KAZAK:
All Rights Reserved.
© KazAK, 2010‑2017
Design and development by
SoftDeCo company.