[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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