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

[Malcolm Hutty]

> On 17 Jul 2015, at 13:35, Dr Eberhard W Lisse <el at lisse.NA> wrote:
> 
> Are UAs legal persons?

In California law, yes. We have discussed this many times and had very clear advice from our counsel.

In other jurisdictions, not always. Not in mine (UK/England & Wales). But ICANN is based in California, so that's what matters. 



> 
> el
> 
>> On 2015-07-17 13:13 , Gregory, Holly wrote:
>> Natural persons (humans) are legal persons
>> 
>> 
>> 
>> Sent with Good (www.good.com)
>> *
>> 
>> *
>> ------------------------------------------------------------------------
>> *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
>> 
>> Greg
>> 
>> 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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