Argentine Society Of Authors And Composers Of Music Decree N? 5146 - Modification - Full Text Of The Norm


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SOCIEDAD ARGENTINA DECRETO AUTHORS AND COMPOSITORS No. 1.078 Amend Decree No. 5.146 of 12 September 1969.

Bs. As., 6/7/87

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That the background in the above-mentioned proceedings gives as much of the existence of dissimilar interpretations of the text of article 26 (a) of the Decree No 5.146 of September 12, 1969, regulation of Law No. 17.648 regulating the activity of the Argentine Society of Authors and Composers of Music (S.A.D.A.I.C.).

That the aforementioned article establishes the conditions that the members of that entity should be accredited to carry out the character of active partners of the same, having been subject to challenges the criterion with which "S.A.D.A.I.C." applies its subparagraph (a) regarding the determination of the twenty (20) per cent that is foreseen there and the concept of "liquidated exercise", for the preparation of the planners for the convocation and eventual realization of the actions.

That these challenges motivated the dictation of Resolutions 223 of 28 April 1986, 225 and 226 of 29 April 1986, emanated from the General Inspectorate of Justice under the Ministry of Justice.

That it is the first of the above-mentioned resolutions, which clarifies the meaning of the standard, taken into account at the time of the decree No. 5.146/69.

That in order to avoid the repetition of situations similar to those referred to in the second Considering of the present, in the assemblies and actions that should be carried out in the future, it is appropriate to corroborate the concepts displayed in the aforementioned Resolution IGJ No. 223/86.

That, however, it should be noted that the notorious outdating of the minimum amount to be received under copyright, in order to retain, among others, the character of an active partner, has substantially distorted the spirit of the questioned rule.

That it is then necessary to re-establish the reasons that inspired his sanction through a mobile system of adjustment of the average minimum amount to be perceived by the category of partners contemplated there, as well as to clarify the periods to which that sum should be referred.

That, in another aspect, arises also from the background that by the corporate will expressed in article 42 of the Social Statutes of "S.A.D.A.I.C.", to be considered a managing partner, the associate must establish a minimum of five (5) years as an adhering partner, it is coherent to adapt article 25 of Decree No. 5.146/69 to that clause.

That the power to dictate this measure emerges from the provisions of Act No. 17.648.




Article 1 Artículo Amend Decree 5.146 of 12 September 1969, replacing the text of article 25 and article 26 (a) and (d) and incorporating a last paragraph with the following:

"Article 25. ". They will be managed partners, without prejudice to the provisions of the statute, those who have a minimum of five (5) years as adhering partners; five (5) edited works of which two (2) shall be recorded, and have received revenue by copyright in the proportion established by the Statute."

"Article 26. : Active partners will be those who credit:

(a) Ten (10) edited works of which five (5) shall be recorded, an antiquity of three (3) years as managing partner and have perceived as copyright on an annual basis during the last three (3) liquidated exercises an amount not less than that of the minimum wage, vital to the expiry of the last computer exercise, having to correspond at least a twenty (20) per cent of this last sum to one or more of the following external items: Radio,

(d) The authors referred to in article 34, subparagraph (c), who had perceived the author ' s right as an average annual of the last three liquidated exercises, an amount not less than that of the minimum wage, which was vital to the expiry of the last computed period.

In the case of subparagraph (a) and present, this amount may be increased by the Ministry of Sport and Social Promotion at the request of the Assembly and with the participation of the auditors.

In the case of subparagraph (b), the partner will maintain the asset category when within five (5) years he or she will release a symphony or two chamber work.

For the purposes of this article, it shall be understood as liquidated exercises, those that understand all rights made available to the partner in the period covered by the financial period established by the entity in its statutes, without regard to which period the collection and/or settlement of the rights belongs."

Art. 2o o The provisions of the present shall be applied from the date of their validity, without prejudice to the timely adequacy of the statutes of the society to the amendments introduced here. Art. 3o o Contact, post, give to the National Directorate of the Official Register and archvese.


Conrado Storani Julio R. Rajneri