[CCWG-ACCT] member organization and single membership structure

[Greg Shatan]

I just sent a response on this point Since these messages crossed in the
ether, I'll quote the most relevant part:

18605.  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.

18620.  (a) A member, director, officer, or agent of a nonprofit
association shall be liable for injury, damage, or harm caused by an
act or omission of the association or an act or omission of a
director, officer, or agent of the association, if any of the
following conditions is satisfied:
   (1) The member, director, officer, or agent expressly assumes
liability for injury, damage, or harm caused by particular conduct
and that conduct causes the injury, damage, or harm.
   (2) The member, director, officer, or agent engages in tortious
conduct that causes the injury, damage, or harm.
   (3) The member, director, officer, or agent is otherwise liable
under any other statute.
   (b) This section provides a nonexclusive list of existing grounds
for liability, and does not foreclose any common law grounds for
liability.


On Thu, Jul 9, 2015 at 1:24 PM, Dr Eberhard Lisse <el at lisse.na> wrote:

> Thank you
>
>         [...]
>
>         With regard to liability, members, officers and agents are
>         not individually or personally liable for the association's
>         debts or liabilities on the sole basis of their relationship
>         with the association.
>
>         [...]
>
>         At present, the individuals bear personal liability for
>         their actions.  If the association were to be disregarded,
>         they would still have the same personal liability for their
>         actions.  Thus, organizing the participants into an
>         unincorporated association under California law would not
>         make the participants worse off.
>
>         [...]
>
> Never mind the double qualification in the first paragraph, this
> does not address liability (by UA members) for the UA's actions.
>
> Or am I missing something here?
>
> el
>
> On 2015-07-09 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%20memo%20on%20unincorporated%20associations%20%2800673349-4xA3536%29%5B1%5D.pdf?version=1&modificationDate=1430519890000&api=v2
> >
> >
> >
> > -James
> [...]>
>
> --
> Dr. Eberhard W. Lisse  \        / Obstetrician & Gynaecologist (Saar)
> el at lisse.NA            / *     |   Telephone: +264 81 124 6733 (cell)
> PO Box 8421             \     /
> Bachbrecht, Namibia     ;____/
>
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