[CCWG-ACCT] member organization and single membership structure
Nigel Roberts
nigel at channelisles.net
Thu Jul 9 13:23:59 UTC 2015
Can someone explain to me how SO/ACs can become statutory members.
My understanding is that SO/ACs have no legal personality -- they are,
in effect, departments of the Corporation.
So in order to have the ability for an SO (e.g. the ccNSO) to become a
statutory member, it would require to come into existence with a
separate legal personality, with it's own members.
This is all fine, so far, and I would personally have no issue were, say
the ccNSO to become a distinct body corporate.
But many ccNSO members could be legally prevented from being members --
specifically those that are public authorities (i.e. government run).
(I can't imagine the Government of North Korea would legally be able to
sign up to the ICANN bylaws -- and such ccTLDs CANNOT be excluded from
participation in ccNSO matters).
On 09/07/15 13:34, Greg Shatan wrote:
> Seun,
>
> Can you point where this understanding and learning comes from? I don't
> think any of this is correct, unless you are referring to a "council"
> where each SO/AC is a statutory member of the corporation. This is not
> the case in the "single member model," where there is only one statutory
> member.
>
> Greg
>
> On Thursday, July 9, 2015, Seun Ojedeji <seun.ojedeji at gmail.com
> <mailto:seun.ojedeji at gmail.com>> wrote:
>
> I understand the powers would be bestowed on the council individuals
> and not their source position;
>
> For instance one of the option is to populate the community council
> with leaders of SO/AC, which IMO would be the cheapest route in this
> model so they would be occupying a virtual seat and exercise those
> powers when required. It would also allow the various SO/AC internet
> accountability mechanisms apply to council including removal of members.
>
> However, I then learnt that the council cannot be formed by SO/AC
> leader positions but rather to the occupants of that position. This
> would mean having to rewrite the bylaw/document forming the council
> often since leaders of those positions are dynamic and could change
> at anytime. Will be good to know if that is no longer the case
>
> Regards
> Sent from Google nexus 4
> kindly excuse brevity and typos.
>
> On 7 Jul 2015 2:56 pm, "Roelof Meijer" <Roelof.Meijer at sidn.nl
> <javascript:_e(%7B%7D,'cvml','Roelof.Meijer at sidn.nl');>> wrote:
>
> Interesting, we’re back on the subject of a single member
> structure. It was written off before
>
> Cheers,
>
> Roelof
>
> From: <accountability-cross-community-bounces at icann.org
> <javascript:_e(%7B%7D,'cvml','accountability-cross-community-bounces at icann.org');>>
> on behalf of Roelof Meijer <roelof.meijer at sidn.nl
> <javascript:_e(%7B%7D,'cvml','roelof.meijer at sidn.nl');>>
> Date: woensdag 22 april 2015 15:56
> To: "avri at acm.org
> <javascript:_e(%7B%7D,'cvml','avri at acm.org');>" <avri at acm.org
> <javascript:_e(%7B%7D,'cvml','avri at acm.org');>>,
> "accountability-cross-community at icann.org
> <javascript:_e(%7B%7D,'cvml','accountability-cross-community at icann.org');>"
> <accountability-cross-community at icann.org
> <javascript:_e(%7B%7D,'cvml','accountability-cross-community at icann.org');>>
> Subject: Re: [CCWG-ACCT] member organization and single
> membership structure
>
> Hi Avri,
>
> The sole membership construction, is a possibility described in
> the legal document in several places: the comments by the legal
> experts on the PCCWG mechanism template (page 64) and the
> Community Council mechanism template (page 69). I sent several
> emails about it to the WP1 list, suggesting to look in the
> possibility as indeed it would not necessitate every SO and AC
> to become a legal entity. And, as you do, suggesting: "make
> the „Community Council” the sole member of ICANN (and thus a
> formal legal entity), consisting of either the SO and AC chairs
> or SO/AC elected representatives” (from an email of 14 April).
>
> And I would think it would enable the SO’s and AC’s themselves
> to continue appointing directors, as they do now. But that’s
> just guessing, based on the fact that the SO’s and AC’s
> themselves would not change status
>
> Best,
>
> Roelof
>
> From: Avri Doria <avri at acm.org
> <javascript:_e(%7B%7D,'cvml','avri at acm.org');>>
> Organization: Technicalities
> Reply-To: "avri at acm.org
> <javascript:_e(%7B%7D,'cvml','avri at acm.org');>" <avri at acm.org
> <javascript:_e(%7B%7D,'cvml','avri at acm.org');>>
> Date: woensdag 22 april 2015 15:09
> To: "accountability-cross-community at icann.org
> <javascript:_e(%7B%7D,'cvml','accountability-cross-community at icann.org');>"
> <accountability-cross-community at icann.org
> <javascript:_e(%7B%7D,'cvml','accountability-cross-community at icann.org');>>
> Subject: Re: [CCWG-ACCT] member organization and single
> membership structure
>
> Hi,
>
> On 22-Apr-15 08:26, Roelof Meijer wrote:
>> 2)
>> What I find quite frustrating is that I have raised the point
>> of the possibility (or not) of a single membership structure –
>> an option mentioned by Sidley and Adler & Colving in their
>> legal advice – several times by now without getting any
>> substantial reaction. I am not aware that any serious effort
>> to investigate this has led to a formal write-off.
>
> In some way that might lessen the complexity of making most SOAC
> an individual legal entity.
>
> How would it work? Would we continue to appoint Directors just
> as we do now?
>
> Or would there need to be some sort of Members Council that took
> actions, working simliarly to the the executive board or
> community council idea?
>
> thanks
>
> avri
>
>
>
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