[CCWG-ACCT] member organization and single membership structure
Omadhina Internet Services
directors at omadhina.net
Thu Jul 9 14:45:08 UTC 2015
I don't see limited liability in that statute - quite the reverse in fact.
Greg: can you please take me to authority regarding the limited
liability provisions to which you referred??
On 09/07/15 15:40, Dr Eberhard Lisse wrote:
> Dear Co-Chairs,
> I most certainly don't see the UA happen, in particular as far as ccTLDs
> are concerned, but Auntie Google reveals:
> 2011 California Code Corporations Code TITLE 3.
> UNINCORPORATED ASSOCIATIONS [18000 - 24001.5] CHAPTER 5.
> Liability and Enforcement of Judgments Section 18270
> (a) A judgment creditor of a member, director, officer, or
> agent of an unincorporated association may not levy
> execution against the assets of the member, director,
> officer, or agent to satisfy a judgment based on a claim
> against the unincorporated association unless a judgment
> based on the same claim has been obtained against the
> unincorporated association and any of the following
> conditions is satisfied:
> (1) A writ of execution on the judgment against the
> unincorporated association has been returned
> unsatisfied in whole or in part.
> (2) The unincorporated association is a debtor in
> (3) The member, director, officer, or agent has
> agreed that the creditor need not exhaust the assets
> of the unincorporated association.
> (4) A court grants permission to the judgment
> creditor to levy execution against the assets of a
> member, director, officer, or agent based on a
> finding that the assets of the unincorporated
> association subject to execution are clearly
> insufficient to satisfy the judgment, that
> exhaustion of the assets of the unincorporated
> association is excessively burdensome, or that the
> grant of permission is an appropriate exercise of
> the court s equitable powers.
> As the UAs will not have any or much assets, (a)(1) and/or (a)(4) are
> not very high hurdles...
> On 2015-07-09 15:07, Greg Shatan wrote:
>> A California unincorporated association is a limited liability
>> vehicle, as it is in certain other jurisdictions. If we were to
>> go down the route of have SO/ACs be/create/empower (three
>> different options) a legal entity, one would expect a choice to be
>> made that would shield SO/ACs and their members from unlimited
>> legal liability (and there are a variety of options to do so).
>> While this should be implicit by now in this discussion, since it
>> has been explicitly discussed in the past, I'm glad for the
>> opportunity to make it explicit once again. Suggesting someone
>> cross the street is not equivalent to telling them to walk into
>> On Thu, Jul 9, 2015 at 9:40 AM, Nigel Roberts <nigel at channelisles.net
>> <mailto:nigel at channelisles.net>> wrote:
>> Greg, all
>> I have a deadly serious question.
>> Why would any Member of an SO voluntarily submit to the danger of
>> unlimited monetary liability?
>> So why is anyone even considering UA status for more than 10 seconds?
The Directors, Omadhina Internet Services Ltd.
Registered in Alderney, C.I. Reg'd No. 1770
Office: 4&5 St Anne's Walk, Alderney GY9 3JZ
Tel. 01481 520618 Email: directors at omadhina.net
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