[CCWG-ACCT] Fwd: Memo on Current Corporate Status of ICANN, Designator Model

[Carlos Raul]

Fingers crossed that the lawyer are appointing on the right direction!
On Oct 11, 2015 11:51 PM, "León Felipe Sánchez Ambía" <leonfelipe at sanchez.mx>
wrote:

> Dear all,
>
> I am forwarding this Memo sent by Sidley Austin and Adler and Colvin in
> which they address the following question:
>
> “Under ICANN’s current structure, do SOs and ACs have legal rights to
> select directors in line with designator rights under the California
> statute?
>
> The summary conclusion is that yes. Also it is interesting to read the
> Memo as it concludes that ICANN could be considered, already, a designator
> organization but it warns, however, that the current bylaws lack detail in
> many aspects and that in order to avoid instability arising from such
> ambiguity, bylaws should be amended in order to address these areas subject
> to interpretation.
>
> It also states that, as things stand today, the Board could be able to
> modify the bylaws and take away any SOs and ACs designator powers and
> incumbent SO/ACs wouldn’t have any recourse to that action.
>
> My personal take after reading this memo is:
>
> a) We seem to be closer to empowering  the community as proposed because
> we seem to already be a Designator organization;
>
> b) SO/ACs already have statutory powers but these could be taken away by a
> bylaw amendment;
>
> c) This could put us in a position in which we should only need to fill in
> the gaps that could bring instability (arising form ambiguity in current
> bylaws) in order to provide the proposed powers to the community while
> avoiding instability.
>
>
> Best regards,
>
>
> León
>
> Inicio del mensaje reenviado:
>
> *De: *"Gregory L. Colvin" <colvin at adlercolvin.com>
> *Fecha: *11 de octubre de 2015, 11:56:53 p.m. GMT-5
> *Para: *León Felipe Sánchez Ambía (leonfelipe at sanchez.mx) <
> leonfelipe at sanchez.mx>, Thomas Rickert <thomas at rickert.net>, Mathieu
> Weill <mathieu.weill at afnic.fr>
> *Cc: *"ACCT-Staff (acct-staff at icann.org)" <acct-staff at icann.org>,
> ICANN-Adler <ICANN at adlercolvin.com>, "sidleyicannccwg at sidley.com" <
> sidleyicannccwg at sidley.com>
> *Asunto: **Memo on Current Corporate Status of ICANN, Designator Model*
>
> Dear Co-chairs, CCWG:
>
> On behalf of Adler & Colvin and Sidley Austin LLP, we are now submitting
> this memo to you for distribution and posting, in response to your
> certified question.
>
> Thank you.
>
> Greg Colvin, for Holly and Rosemary
>
> Gregory L. Colvin
> Adler & Colvin
> 235 Montgomery Street, Suite 1220
> San Francisco, CA 94104
> Tel: 415-421-7555 x.211
> Fax: 415-421-0712
> email: colvin at adlercolvin.com
> www.adlercolvin.com
>
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>
>
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