[CCWG-ACCT] Documents for Posting for CCWG-ACCT

[Arun Sukumar]

Hit send too early. This paragraph is most interesting. Shared governance
is of course a political concept, but would involving the Board on specific
decisions not violate the SoP principle that Kavouss and others have
rightly highlighted? Would it hold water in California courts?


> Just as an example, the Bylaws could provide that all SOs and ACs must
> approve specific decisions in order for the community to direct the Sole
> Member with respect to the unwanted statutory right. This could even
> include involving the Board of Directors (for example with a trigger right,
> or an approval or veto right) with respect to dissolution and other
> statutory rights of concern. *The goal of such an approach would be to
> assure shared as opposed to unilateral governance of specifically
> identified critical decisions*


On Sat, Oct 3, 2015 at 3:25 PM, Arun Sukumar <arun.sukumar at nludelhi.ac.in>
wrote:

> Just as an example, the Bylaws could provide that all SOs and ACs must
> approve specific decisions in order for the community to direct the Sole
> Member with respect to the unwanted statutory right. This could even
> include involving the Board of Directors (for example with a trigger right,
> or an approval or veto right) with respect to dissolution and other
> statutory rights of concern. Th*e goal of such an approach would be to
> assure shared as opposed to unilateral governance of specificallyidentified
> critical decisions*
>
> On Sat, Oct 3, 2015 at 12:54 PM, Seun Ojedeji <seun.ojedeji at gmail.com>
> wrote:
>
>> Hello Gregory,
>>
>> This is quite helpful memo, I particularly like the text below:
>>
>> "...Level 2: A consensus among all participating SOs and ACs (based on
>> the Level 1 decisions of each participant) is then required to meet
>> whatever decision threshold for a particular matter has been set in the
>> Bylaws; it is at this level, Level 2, where it is entirely lawful to
>> impose severe limits on the ability to direct the Sole Member with
>> respect to any statutory rights that are of concern.."
>>
>> Will be good to know how this will work with ACs especially if votes is
>> used to gauge consensus (this ofcourse is not a legal question)
>>
>> Regards
>>
>> Sent from my Asus Zenfone2
>> Kindly excuse brevity and typos.
>> On 2 Oct 2015 20:39, "Gregory, Holly" <holly.gregory at sidley.com> wrote:
>>
>>> Thomas, Mathieu and Leon and CCWG,,
>>>
>>>  In addition to slides comparing the Sole Member, Sole Designator and
>>> Board Proposal from last week (which we understand did not get posted yet)
>>> , we are providing a memo as requested in LA that discusses how the
>>> statutory rights of a member can be constrained in the Sole Member model.
>>>
>>> Kind regards, Holly and Rosemary
>>>
>>>
>>>
>>>
>>>
>>> *HOLLY* *GREGORY*
>>> Partner
>>>
>>> *Sidley Austin LLP*
>>> +1 212 839 5853
>>> holly.gregory at sidley.com
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
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>
>
> --
> --
> Head, Cyber Initiative
> Observer Research Foundation, New Delhi
> http://amsukumar.tumblr.com
> +91-9871943272
>



-- 
-- 
Head, Cyber Initiative
Observer Research Foundation, New Delhi
http://amsukumar.tumblr.com
+91-9871943272
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