April 16, 2021

Culture announces the partial intervention of the SGAE | Culture

Culture announces the partial intervention of the SGAE | Culture



The Minister of Culture and Sports, José Guirao, announced after the Council of Ministers what was an open secret: he will ask for the intervention of the justice to try to fix the scuffles of the SGAE. Next Monday the crisis cabinet has an appointment with the state lawyers to decide what will be the jurisprudence to follow and if it will be presented before the National Court, they point. "We must sharpen a lot so as not to fail", sources of the Ministry explain, because once this step is taken it will be the judge who determines if there are reasons to intervene in the society protected by the Ministry or not.

The reason that the Ministry will use to claim the action of justice is the breach of the requirements of the copyright management entity to its department, as well as the suspension of the reform of the statutes in the last general assembly of the SGAE. The Ministry took a yellow card with a warning to the previous board of directors of the company, with José Miguel Fernández Sastrón in front, for not complying with the statutory reform and now takes the red to solve this problem once and for all. The presidency of the SGAE prefers not to pronounce on the measure.

Minister Guirao "must understand the purpose of the intervention". Namely: "Solve three problems. On the one hand, clarify the traceability of the distribution of collected rights and of the non-approved collections; the update of the statutes, according to current regulations; and the establishment of electronic voting for all its decision-making procedures involving partners, "the sources added. "When these pending issues are resolved, control will be returned to society," they clarify.

A tired minister

That is why the minister has preferred to call it "partial intervention". It has ruled out the withdrawal of the license, a much more burdensome measure for the entity and its representatives. However, from the Ministry are aware that this move can take a year of procedures and movements to clean society. They add from the Ministry that they have worked outside the letters asking for intervention, the conclusion of the deontological commission (that accuses 14 members of the SGAE leadership of conflicts of interest) or the complaint against the publishers. The decision was made for weeks, they say, and they have only waited until they have the planned measure so as not to trip over anything. "It is not intervening to take total power," they add.

A week ago the minister erupted in a joint press conference with the foreign minister, Josep Borrell, in which he showed his boredom with the SGAE business: "I have the feeling that they are more aware of solving their own problems than the real problem in the background. my meetings were not clear that they wanted to resolve effectively the key issues, "he said." The government, "added Guirao," can intervene in those matters that fall within its competence, the others must be resolved by society itself. that, I hope that in two weeks we will have a legal solution to be able to make a decision ".

The procedure

If as indicated by the minister, on Monday the request is sent to the judge, in that letter the Ministry will provide evidence, will have tied all the technical apparatus so that any appeal is rejected by the judge and will specify to the magistrate the procedure that he intends to follow in the intervention. Will the minister maintain the board of directors, with José Ángel Hevia at the helm? The sources consulted by this newspaper, close to the Ministry and to the management companies aware of the interntions, explain that in said letter it will request the dismissal of the board of directors and appoint an intervener or manager to take charge of the solution of these three matters.

If the judge gives his approval, the minister must choose the controller responsible for managing the plan to be applied. The most probable thing is that the board of directors is set aside through suspension or dismissal, in order not to maintain "a foreign body, interrupting its work". Once you have completed your work and drafted the new statutes -designed by the Ministry through the intervener- they will be presented at the General Assembly for your vote. Then the partners will decide if they are valid with their votes. And in all probability, on the agenda, the vote will also be included to maintain or dismiss the current board of directors. If the current 34 members are rejected, the SGAE will again call elections to appoint a new dome post intervention.

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