[Acct-Legal] [CCWG-ACCT] Nomcom as a UA - legal question

List for the work of CCWG-Accountability Legal SubTeam ccwg-accountability5 at icann.org
Sat Apr 25 00:32:42 UTC 2015


Thanks Greg. I take it that the Legal SubTeam would like us to add this to the list of questions we are answering. Holly



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From: ccwg-accountability5-bounces at icann.org on behalf of List for the work of CCWG-Accountability Legal SubTeam
Sent: Friday, April 24, 2015 05:54:47 PM
To: Avri Doria; ccwg-accountability5 at icann.org
Cc: accountability-cross-community at icann.org
Subject: Re: [Acct-Legal] [CCWG-ACCT] Nomcom as a UA - legal question

Avri,

I am forwarding your question to the Legal Sub Team list.

Greg

On Fri, Apr 24, 2015 at 6:51 PM, Avri Doria <avri at acm.org<mailto:avri at acm.org>> wrote:
Hi,

I am confused as to how this works.  Please forgive my questions.  This has less to do with the proposal I made then with trying to understand the nature of a UA.  I had not realized until yesterday that the membership model was as popular as it has been defined to be.  I had also not realized that we were down to membership or designator model as our only choices until today.

What qualifies the Nomcom as an association?  It can't be the people, as there is no continuity, except among the staff. and  some overlap in chairs as last year's chair, this years' chair and next year's possible chair,  sit togehter each year. I guess that  is a bit of natural person continuity.  Is that chair thread significant?

Or is that it is always formed according to same bylaw, even if all of the people are different, that is a qualifying mark? Is being a differnt instantiation of the same process sufficient to define a UA, even if there is no continuity of natural persons?


thanks


avrl

Note: I would have sent this to the legal list, but i never managed to get subscribed that one as far as I can tell.


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