[CCWG-ACCT] Recommendation 4 - Board removal liability mitigation - 2nd reading conclusions

[Alice Jansen]

Sent on behalf of CoChairs

Please find below the main conclusions of our deliberations during call #76. The updated document is attached.

1. Pre service letters: (page 9, paragraph 39)
a. to mitigate risk of litigation in case of Board removal, pre-service letters for Board members could be required
b. Lawyers provided language to provide adequate direction for implementation.
c. Board confirmed it is comfortable with pre service letters
d. Board does not support the use of waiver and indemnification.
e. Awaiting further Board input and legal analysis.
2.
a. Agreement to add a requirement for a dialogue with the affected director and a requirement for a written rationale.
b. Icann Board confirmed that the written rationale was not a restriction on the type of motives / rationale / argument.

Best regards

Mathieu, Thomas, León

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