[Acct-Legal] [CCWG-ACCT] Fwd: Revised memo on Unincorporated Associations, with sample Articles of Association attached

[List for the work of CCWG-Accountability Legal SubTeam]

Chris, these are great questions -thank you for answering them.

Here is my take on this one...:

On 2 May 2015 at 10:28, Chris Disspain <ceo at auda.org.au> wrote:

> Thanks.
>
> I'll assume it attempts to. Here's what is says:
>
> "The control mechanism for an SO/AC over its unincorporated association
> could be essentially the same as whatever control mechanisms currently
> exist to ensure that the SO/ACs do what their participants collectively
> decide they should do.  *For example, if an SO/AC has a chair, that chair
> could be empowered and directed by the participants in the SO/AC to cause
> the unincorporated association of that SO/AC to act as dir**ected by the
> SO/AC to exercise membership or designator rights.*  If the chair
> refused, that chair could presumably be subjected to discipline or removed
> and replaced under existing procedures within the SO or AC, just as if the
> chair had refused to take any other action as directed by the SO/AC.  If
> existing control mechanisms within SO/ACs are insufficient, the SO/AC could
> modify them to address the weakness."
>
> I refer to the text in bold. I agree. However this does not answer the
> question, "and what power of enforcement over the UA does the SO or AC have
> if the UA refuses to act as directed or if it starts to act on its own
> behalf without direction?".
>

What if the only way the UA acts is on resolution of the SO Council?

Its bylaws could easily say that.

In which case, it has no initiative at all, and has no means by which to
"act" other than by decision of the SO it acts for.


>
> This is and has been the point I have been making for the last day or so.
>

It is an extremely important point.

cheers
Jordan

-- 
Jordan Carter

Chief Executive
*InternetNZ*

04 495 2118 (office) | +64 21 442 649 (mob)
jordan at internetnz.net.nz
Skype: jordancarter

*A better world through a better Internet *
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mm.icann.org/pipermail/ccwg-accountability5/attachments/20150502/3dd5f191/attachment.html>