Loi n ° 57-32 du 10 janvier 1957 portant statut Agence France-Presse.
consolidated version 20 February 1981
It is created under the name Agency France-Presse, an autonomous body with legal personality and which is operated according to trade rules.
This organization is:
1 ° To seek, both in France and throughout the French Union and abroad, the elements of a complete and objective information;
2 ° cons to paying this information available to users.
activity of Agence France-Presse is subject to the following fundamental obligations:
1 ° The Agency France-Presse can not under any circumstances, take account of influences or considerations likely to impair the objectivity or accuracy of the information And must not, under any circumstances, pass under the control of law or fact to a group ideological, political or economic
2 ° Agence France-Presse has, to the extent of its resources, develop its action and perfect its organization to provide users with French and foreign, regularly and without interruption, with accurate, impartial and trustworthy
3 Agence France-Presse shall, to the extent of its resources, ensuring the existence of a network of institutions conferring the character of an information with global reach.
The High Council is composed as follows:
A member of the State Council in active or honorary elected by the General Assembly Council of State, Chairman with a casting vote;
A judge in active or retired from the Court of Cassation, elected by the general meeting of that court;
Two representatives of the Directors Business Publications newspapers designated by the most representative professional organizations, the representative value of such organizations is assessed under the conditions laid down by Law No 53-287 of 7 April 1953 and the enactments for its application;
A professional journalist named by the most representative professional organizations;
A representative of the French TV broadcast and designated under the conditions set by Order in Council of State under section 17 of this Act;
Two members chosen by the other members of the Board of Governors, one from among persons who have worked overseas high administrative functions, among other personalities who have worked abroad a senior civil representative of France.
Members of the Board of are appointed for three years. Their mandate is renewable.
However, the terms of members of first Board of Governors does not expire until the expiry of a period of four years.
It is terminated automatically at the office of any member who loses quality because of which he was appointed. When the term of a member ends for any reason whatsoever, before its normal term, the tenure of his successor terminates at the same time as the other board members.
The modus operandi of the Board of and the conditions under which it will be faced with expenses are fixed by the decree of the Council of State under section 17 of this Act.
The High Council may be seized by a user or a professional organization of press, or, in accordance with the Article 12, by the financial commission of any act that may constitute a breach of the obligations in Article 2.
The High Council appreciated within three months if the fact before it constitutes a breach of the obligations of Article 2.
yes, it address any comments or instructions relevant to the Board and CEO.
If the act complained of results from a decision of the Board, he may suspend performance and ask it to make a second decision that must be taken within a months, the decision challenged shall be maintained only by a majority of twelve votes.
If the offense charged is the result of serious misconduct of the CEO, the Board of Governors decides, after consulting the Board deliberating without the presence of the CEO, the cessation of function of the latter.
The board hears the beginning of each year by the CEO of a report showing the activity of Agence France-Presse in respect of the obligations in Article 2.
Agence France-Presse is administered by a board chaired by the CEO of the agency.
The board includes in addition to the President:
1 ° Eight representatives directors of French companies publishing daily newspapers designated by the most representative professional organizations, the representative value these organizations is assessed under the conditions laid down by Law No 53-287 of 7 April 1953 and the enactments for its application;
2 Two representatives of the French TV broadcast and designated in the conditions by Order in Council of State under section 17 of this Act;
3 ° Three representatives of public users of the agency designated under the same conditions and by the President of the Board, Minister of Foreign Affairs and the Minister of Finance and Economic Affairs ;
4 ° Two staff representatives of the agency, either:
A professional journalist elected by the assembly of Professional Journalists French nationals belonging to the editorial staff of the agency;
And an officer belonging to other categories of staff, elected by all the agents of French nationality of these categories.
The council shall elect, by majority vote, a vice-chairperson from among its members who are company directors publication. The president does not vote.
The term of office of members of the board of directors is three years. Their mandate is renewable. However, it can be terminated at any time, the mandate of the representatives of public services by the chairman or the minister responsible for them.
It is terminated automatically at the office of any member who loses quality because of which he was appointed.
Upon termination of office of a member for any reason whatsoever, the term of his successor terminates at the same time as the other board members.
The provisions of Articles 6 and 8 of the Decree of August 8, 1935 applying to the managers and directors of companies in bankruptcy law and bankruptcy and imposing the ban and disqualification from managing and administering a company are applicable to members of the board of directors.
The Board is vested with broadest powers to manage and administer the agency.
The president is responsible for the preparation and execution of the deliberations of the board of directors, management of all agency services and representation of it.
The Vice President assists or replaces CEO in its representation duties. In the absence of the CEO, he shall be replaced as Chairman of the Board of Directors by the Vice-President or, failing that, by a director chosen by the Board in its midst. Other powers of the president are, in the same case, if exercised by directors or managers of the agency receiving delegation for this purpose the CEO with the concurrence of the board of directors.
The respective powers of the board of directors and the CEO are specified by Order in Council of State under section 17 of this Act.
The board may delegate certain powers the CEO.
The Staff of the Agency shall be adopted by the Board on the proposal of the CEO and the opinion of the Finance Committee.
It is determined by reference to collective agreements that govern personal media companies.
The president is appointed within three months of the vacancy by the board of directors out of its members for a period of three years. The first appointment takes place under the same conditions within three months of the enactment of this Act.
The appointment must be acquired through at least twelve votes.
If no name meets the number of votes after three rounds of voting which is conducted under the conditions set by the State Council decree, the council Superior offers the board two candidates, one of those candidates who obtained the most votes is elected president and CEO.
The termination of the CEO may be decided by the board of directors for misconduct committed in the management of duty or an act incompatible with the accomplishment of its mission. This decision must be acquired outside the presence of the CEO and at least twelve votes.
In case of rejection of a proposal to the application of the preceding paragraph or if it was not possible to gather twelve members of the board during two meetings convened to fifteen days for comment on such a proposal, a claim may be filed at least three members of Board of Directors on the Board for decision.
The president is civilly liable to the Agence France-Presse of gross misconduct allegedly committed in the exercise of its functions. His liability may be challenged by the chairman of the Finance Committee under section 12 below, exercising judicial actions for this purpose from Agence France-Presse.
is hereby established a Finance Committee of Agence France-Presse.
The commission includes two members of the Court of Auditors appointed by the president, one of whom chairs the committee and an expert nominated by the Minister of Finance.
The Finance Committee has before it the annual forecast of revenue and expenditure.
It examines if the state establishes an effective balance of revenue and expenditure.
If not, it returns to the state CEO causing further deliberations by the Board in order to achieve this balance.
The Finance Committee is responsible for the verification of permanent general financial management Agence France-Presse.
It has all powers of investigation as part of that place. It addresses both the CEO to the board of directors, any comments on financial management.
If the financial commission finds that, despite his comments, the board failed to take all necessary measures to ensure the financial stability of the agency, it may request, after approval by the Board of The appointment of a provisional administrator is appointed at the request of Chairman of the Board by Chairman of the Commercial Court and is then carried out, within six months, an early renewal of the Board under conditions set by Order in Council of State under section 17 of this Act .
The mission of the provisional administrator shall terminate upon installation of the new council.
The Financial Commission clears the accounts of Agence France-Presse.
It sends an annual report on financial management of Agence France-Presse on the board, who shall inform Board of Governors.
It may attract the attention of the Board of Governors on the facts found by it and may constitute a breach of the obligations defined in Article 2 above.
resources from Agence France-Presse consist of the proceeds from the sale of documents and information services to its customers and by income from its property.
conditions of sale of state utilities are determined by an agreement between the State and Agence France-Presse that convention shall determine the number and rate of subscriptions for such services, on the basis of tariffs for French news organizations.
It may be revised in case of change of conversion rate applicable to international and wireless telegraph charges.
Agence France-Presse can not be dissolved by law.
Upon termination of payments recorded by the Commercial Court on request of either the Board or the Finance Committee, or creditors, the Government must take, within a month, the Parliament a draft law or to the conditions under which the Agency France-Presse will continue trading or to order the dissolution of the Agency and the liquidation of its assets. It may be provided by decree in Council of State for the provisional administration of Agence France-Presse until the intervention of the law.
The Commercial Court may impose upon the CEO and other members of the board of directors disqualifications provided in Article 10 of Decree of 8 August 1935 applying to the managers and directors of corporations law of bankruptcy and bankruptcy.
Order of 30 September 1944 establishing an interim basis from Agence France-Presse is repealed.
premises, facilities, equipment and other assets available to the agency by section 2 of the Ordinance of September 30, 1944 or acquired since in it are made freely available to agency created by this Act for a period of three years, renewable for an Order in Council of Ministers, until a final ruling on the fate of the property.
For buildings under construction for Agence France-Presse, an agreement between the state and the new agency will regulate the conditions under which these may be made available to it or be transferred.
Agence France-Presse is also generally substituted in the rights and obligations of the body created by ordinance of 30 September 1944.
Any transfer of property and such rights does not give rise to any perception to the Treasury. All acts and agreements entered into for the purposes of this section are exempt from stamp and that registration fees and mortgage.
RENE COTY .
The President of the Council of Ministers,
Guy Mollet.
State Minister, Minister of Justice, responsible for Justice,
MITTERRAND .
Minister of Foreign Affairs
Christian Pineau.
The Minister of Economic and Financial Affairs,
PAUL RAMADIER .
The Minister of Social Affairs, Minister of France Overseas Acting
ALBERT GAS .
The Minister of Social Affairs,
ALBERT GAS .
http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=LEGITEXT000006068171&dateTexte=20090405
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