[CCWG-ACCT] FW: Regarding GAC participation
Nigel Roberts
nigel at channelisles.net
Thu Oct 1 16:43:38 UTC 2015
This has echoes of how I entered the discussion a month or two back . . .
I have been informed, and now have the understanding, that **IN
CALIFORNIA**, an unincorporated association is a legal person under statute.
As mentioned much earlier, this runs rather counter to the common-law
concept of UAs; they have no separate identity to that of their members.
The terminology is the clue here incorporation being the act of the
birth (making corporeal) of a (legal) person. So something that is
unincorporated cannot have a separate identity.
This means UAs are regarding as highly dangerous things in
British/common law jurisdictions, as the members and officers may be
subject to unlimited personal liability for the acts of the association.
Nonetheless I am satisfied that the above is the advice received to the
CCWG from lawyers admitted in the jurisdiction and I am sure they will
be happy to rehearse it on the list.
> Hello Malcolm,
>
> Are you certain there is no lega person-hood required because that section referenced by James seem to imply that. I quote a specific section below:
>
> "... the Community Mechanism as Sole Member Model would be a *legal person* created through the ICANN Bylaws as an unincorporated association...."
>
> Regards
> Sent from my Asus Zenfone2
> Kindly excuse brevity and typos.
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