ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of December 29, 2007 No. 992

About approval of the Regulations on the state accreditation of the organizations exercising collective control of copyright and related rights and also about limiting establishment (maximum) size of the amounts withheld by the accredited organization on covering of necessary expenses for collection, distribution and payment of remuneration, and also the amounts which go to special funds

According to Article 1244 of the Civil code of the Russian Federation the Government of the Russian Federation decides:

1. Approve the enclosed Regulations on the state accreditation of the organizations exercising collective control of copyright and related rights.

2. Determine that the Provision specified in Item 1 of this Resolution becomes effective since January 1, 2008.

3. Determine that the standard charter of the accredited organization exercising collective control of copyright and related rights affirms the Ministry of Culture of the Russian Federation.

4. According to Article 1243 of the Civil code of the Russian Federation to determine that the extreme (maximum) size of the amounts withheld by the accredited organization exercising collective control of the author's and (or) related rights on covering of necessary expenses on collection, distribution and payment of remuneration, and also the amounts which go to the special funds created by this organization from consent and in the interests represented by it owners constitutes 45 percent of the amount of the remuneration collected by such organization, including no more than 20 percent of the amount of assembled remuneration can be sent to the specified special funds.

Approved by the Order of the Government of the Russian Federation of December 29, 2007 No. 992

Regulations on the state accreditation of the organizations exercising collective control of copyright and related rights

I. General provisions

1. This Provision determines conditions and procedure for carrying out the state accreditation of the organizations exercising collective control of copyright and related rights (further - the organizations).

2. The purpose of accreditation is investment of the organizations with powers, stipulated in Article 1244 Civil codes of the Russian Federation.

3. Accreditation is carried out by the federal executive body performing functions on control and supervision in the sphere of copyright and the related rights (further - authorized body).

II. Procedure for carrying out accreditation

4. Accreditation is performed on the basis of the principles of openness of the procedure and accounting of opinion of interested persons, including owners.

Accreditation is carried out on each of spheres, stipulated in Item 1 Article 1244 of the Civil code of the Russian Federation, separately.

Consideration of the application on receipt of accreditation (daleezayavleniye) is performed at meeting of the accreditation commission (further - the commission) with participation of representatives of the organization which submitted the application for accreditation (further - the applicant).

Regulations on the commission and its members affirm authorized body.

The commission is created of representatives of the authorized body and federal executive body performing functions on development of state policy in the sphere of copyright and the related rights. Taking into account opinion of interested persons, including owners, the commissions can be included representatives of other interested federal executive bodies, users of objects of copyright and the related rights, owners, and also the interested organizations (the number of the specified representatives shall not be more than one third of total number of members of the commission).

Information on date of commission session is posted by authorized body on its official site on the Internet not later than 95 calendar days before date of commission session.

5. For receipt of accreditation the applicant directs to authorized body the application in writing. The application can be directed within 30 calendar days after date of placement of information on date of commission session.

The applicant has the right to withdrawal of the statement at any time before date of commission session.

6. Are specified in the statement:

a) name of the applicant, its location;

b) the sphere of collective management, stipulated in Item 1 Article 1244 of the Civil code of the Russian Federation in which the applicant intends to exercise control of the rights, collection, distribution and payment of remuneration.

7. Are enclosed to the application:

a) notarized copies of constituent documents;

b) the extract from the Unified State Register of Legal Entities containing the information about the applicant with mark of tax authority;

c) the copy of the balance sheet certified by the applicant on the last reporting date preceding filing of application with appendix of the audit opinion confirming reliability of accounting records of the applicant;

d) the data on the agreements signed with owners certified by the applicant on delegation of power on management of the rights which effective period expires not earlier than in year after submission of documents by the applicant (surname, name, the owner's middle name, agreement details, category of the rights transferred to the control, the territory of use of the rights);

e) the data on license agreements and (or) agreements on payment of remuneration for use of objects of copyright and the related rights (further - remuneration) concluded with users on whom collection and payment of remuneration (the name of the user, agreement details, category of the rights, the territory of use of the rights) is made certified by the applicant;

e) the data on mutual representation of interests of the applicant certified by the applicant with the similar foreign and Russian organizations;

g) the reference of the applicant containing data about:

possibilities of implementation of functions on collection, distribution and payment of remuneration on all or most part of the territory of the Russian Federation;

to the amount of the remuneration paid to owners in 12 months preceding date of filing of application;

to the amount withheld from remuneration on covering of actual expenses of the applicant on collection, distribution and payment of remuneration and also about the amount sent to special funds which are created by the organization from consent and in the interests represented by it owners;

perspective plan of development of the applicant;

availability of the register created by the organization according to Item 5 of Article 1243 of the Civil code of the Russian Federation;

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