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

James Gannon james at cyberinvasion.net
Fri Jul 17 11:49:14 UTC 2015


ICANN is not incorporated in the UK, under California law the situation is not the same as you have described.

-James

> On 17 Jul 2015, at 13:41, Nigel Roberts <nigel at channelisles.net> wrote:
> 
> In English Law, certainly not! They are something more akin to a partnership, in that they have no legal personality other than that of the natural persons who come together for a joint purpose, and have (in England) joint and several, unlimited legal liability.
> 
> The clue is in the Latin root of the word corporation which, literally means "becoming a body". Thus anything unincorporated has not acquired legal personality.
> 
> I have to say I've always been fascinated to read that there are actual towns and cities that do not exists as bodies corporate, but that's, I suppose, a rathole for a bar discussion.
> 
> 
> On 17/07/15 12:35, Dr Eberhard W Lisse wrote:
>> Are UAs legal persons?
>> 
>> 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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