[CCWG-ACCT] Recommendation 3 - Fundamental Bylaws - 1st reading conclusions

[Greg Shatan]

Not to pick nits, but they are "Articles of Incorporation," not "Articles
of Association."



On Fri, Jan 15, 2016 at 11:17 AM, Alice Jansen <alice.jansen at icann.org>
wrote:

> *Sent on behalf of CoChairs *
>
> Please find below the main conclusions of our deliberations during call
> #77. The updated document is attached.
>
> 1. Clarify that IFR provisions apply only to IANA’s domain name management
> function (since it is part of CWG-Stewardship requirements)
> 2. Clarify process for change of Articles of Association, which is to be
> similar to the Fundamental Bylaw change process (paragraph 19-21 – page 5)
>
> a. Noting our lawyer’s memo on the topic (Nov 23rd) : […] In the case of
> ICANN, if the Empowered Community is not provided a right to approve
> amendments to the Articles, there is a risk that Fundamental Bylaw
> provisions could be undermined by amendment of the Articles by the ICANN
> Board, given the hierarchical relationship described above. Thus, we
> recommend including an approval right with respect to amendments to ICANN’s
> Articles in favor of the Empowered Community in the same way the Empowered
> Community has approval rights with respect to Fundamental Bylaws. […]
> b. Add specific recommendation that the current Articles of Incorporation
> be modified to remove the notion of members and reflect the need for an
> affirmative vote of at least three quarters of the Directors, as well as
> ratification by the Empowered Community.
>
>
> Second reading is planned for Thursday, 21 January.
>
> Best regards
>
> Mathieu, Thomas, León
>
>
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>
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