[CCWG-ACCT] Concept of some form of "independent" member

Gregory, Holly holly.gregory at sidley.com
Fri Jul 17 11:13:12 UTC 2015

Natural persons (humans) are legal persons

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From: accountability-cross-community-bounces at icann.org on behalf of Nigel Roberts
Sent: Friday, July 17, 2015 05:51:22 AM
To: accountability-cross-community at icann.org
Subject: Re: [CCWG-ACCT] Concept of some form of "independent" member


I think this is incorrect. I find it hard to imagine a corporation (and,
particularly a non-profit corporation) which is required by law to
restrict membership to legal persons in this way, that is to *require*
members to be legal persons.

I cannot believe US law is so fundamentally different here -- members of
a corporation may normally be either natural persons or legal persons
unless there are explicit restrictions in the Articles, which is a
matter of choice, not compulsion.

(I can imagine a non-profit CHOOSING to restrict membership to one or
the other but I can't imagine any statutory requirement of this nature.)

A trade association MIGHT restrict membership to legal persons: e.g. the
Association of Incorporated Widget Makers (fictitious) may only allow
incorporated makes of widgets; however it would be less unexpected to
see non-profits expecting members to be natural persons only (e.g. the
American Radio Relay League see http://www.arrl.org/arrl-by-laws).

Can you expand on this please?

On 17/07/15 09:47, Greg Shatan wrote:

> hands of the community, and to have these powers as a matter of right.
> Members must be legal persons.
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