[CCWG-ACCT] Nomcom as a UA - legal question

[Kavouss Arasteh]

Dear All
Nom Com became a puzzle and perhaps mystery. We need to seriously think how to overcome all problem  that 
Were discussed for hours without a convincing solution
Kavouss  

Sent from my iPhone

> On 25 Apr 2015, at 01:48, Kieren McCarthy <kierenmccarthy at gmail.com> wrote:
> 
> The legal team specifically put a question mark over Nomcom as well as a note about it.
> 
> I strongly believe that now is the time to pull out the Nomcom from ICANN. It is an anachronism that was created to deal with an issue in a previous incarnation.
> 
> There is no good reason to continue to write it into ICANN's makeup.
> 
> 
> Kieren
> 
> -
> [sent through phone]
> 
> 
>> On Fri, Apr 24, 2015 at 3:51 PM, Avri Doria <avri at acm.org> wrote:
>> Hi,
>> 
>> I am confused as to how this works.  Please forgive my questions.  This has less to do with the proposal I made then with trying to understand the nature of a UA.  I had not realized until yesterday that the membership model was as popular as it has been defined to be.  I had also not realized that we were down to membership or     designator model as our only choices until today.
>> 
>> What qualifies the Nomcom as an association?  It can't be the people, as there is no continuity, except among the staff. and  some overlap in chairs as last year's chair, this years' chair and next year's possible chair,  sit togehter each year. I guess that  is a bit of natural person continuity.  Is that chair thread significant? 
>> 
>> Or is that it is always formed according to same bylaw, even if all of the people are different, that is a qualifying mark? Is being a differnt instantiation of the same process sufficient to define a UA, even if there is no continuity of natural persons?
>> 
>> 
>> thanks
>> 
>> 
>> avrl
>> 
>> Note: I would have sent this to the legal list, but i never managed to get subscribed that one as far as I can tell. 
>> 
>> 
>>   			
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> 
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