[CCWG-ACCT] member organization and single membership structure

Paul Rosenzweig paul.rosenzweig at redbranchconsulting.com
Thu Jul 9 17:08:10 UTC 2015


Cal. Corp. Code 18605 provides " A member, director, or agent of a nonprofit
association is not liable for a debt, obligation, or liability of the
association solely by reason of being a member, director, officer, or
agent." - See more at:
http://codes.lp.findlaw.com/cacode/CORP/1/3/2/1/s18605#sthash.PmFUuWIp.dpuf

This is part of Title 3 applying to unincorporated associations,  A non
profit UA (which is what this organization would be) is covered by this law
...

Paul

Paul Rosenzweig
paul.rosenzweig at redbranchconsulting.com 
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-----Original Message-----
From: Nigel Roberts [mailto:nigel at channelisles.net] 
Sent: Thursday, July 9, 2015 12:53 PM
To: James Gannon
Cc: accountability-cross-community at icann.org; Rosemary E. Fei
Subject: Re: [CCWG-ACCT] member organization and single membership structure

I have read that now.

The question that does not appear to have been not answer, or even asked in
that Membe, seems to be:

"Does a Unincorporated Association have Limited Liability?  More
specifically, in what cirumstances may the members or offices of the UA be
held responsible for the debts, money judgments or other pecuniary
liabilities of the UA if the UA does not have the resources to pay them."

I think the answer to this has already been given, earlier, and by
construing those clauses, it seems thams that officers and members have
unlimited personal liability if the Association cannot pay.

(If I am wrong in that conclusion, please provide the section number of the
relevant statute that confers Limited Liability protection on members and
officers)

On 09/07/15 17:23, James Gannon wrote:
> I believe it was in the revised memo on unincorporated associations
> here:
> https://community.icann.org/download/attachments/52890082/REVISED%20me
> mo%20on%20unincorporated%20associations%20%2800673349-4xA3536%29%5B1%5
> D.pdf?version=1&modificationDate=1430519890000&api=v2
>
> -James
>
> *From:*accountability-cross-community-bounces at icann.org
> [mailto:accountability-cross-community-bounces at icann.org] *On Behalf 
> Of *Gregory, Holly
> *Sent:* Thursday, July 09, 2015 4:59 PM
> *To:* el at lisse.NA; accountability-cross-community at icann.org
> *Cc:* directors at omadhina.net; Rosemary E. Fei
> *Subject:* Re: [CCWG-ACCT] member organization and single membership 
> structure
>
> Will do shortly.
>
>
>
> Sent with Good (www.good.com <http://www.good.com>)**
>
> **
>
> ----------------------------------------------------------------------
> --
>
> *From:*accountability-cross-community-bounces at icann.org
> <mailto:accountability-cross-community-bounces at icann.org> on behalf of 
> Dr Eberhard Lisse
> *Sent:* Thursday, July 09, 2015 10:21:44 AM
> *To:* accountability-cross-community at icann.org
> <mailto:accountability-cross-community at icann.org>
> *Cc:* directors at omadhina.net <mailto:directors at omadhina.net>
> *Subject:* Re: [CCWG-ACCT] member organization and single membership 
> structure
>
> Holly,
>
> can you please point to the link or the subject line for ease of
reference?
>
> el
>
> On 2015-07-09 15:51, Gregory, Holly wrote:
>> In California the unincorporated association form provides protection 
>> to participants from liability. There is a legal memo from pre- 
>> Buenos Aires that addresses.
> [...]
>
> --
> Dr. Eberhard W. Lisse  \        / Obstetrician & Gynaecologist (Saar)
> el at lisse.NA <mailto:el at lisse.NA>            / *     |   Telephone: +264
> 81 124 6733 (cell)
> PO Box 8421             \     /
> Bachbrecht, Namibia     ;____/
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