[Acct-Legal] Request for advice on Swiss law

[León Felipe Sánchez Ambía]

Dear Counsel,

A comment has been made in the forum which states:

In some countries (in particular in Switzerland), non-profit associations
are, by law, accountable to their membership, in the sense that the
membership has full powers to amend the bylaws (called statues in
Switzerland), elect and revoke the Board, approve and review the budget,
etc.  See articles 60 ff. of the Swiss Civil Code at:

  https://www.admin.ch/opc/en/classified-compilation/19070042/index.html <https://www.admin.ch/opc/en/classified-compilation/19070042/index.html>
If we accept the principle that accountability is ensured by the members,
then I don't understand why the members of ICANN should not have full powers
to amend the bylaws, set the budget, etc.
We would like to test the accuracy of this comment. To get the complete picture, you can find the full comment here:

http://forum.icann.org/lists/comments-ccwg-accountability-draft-proposal-04may15/msg00000.html <http://forum.icann.org/lists/comments-ccwg-accountability-draft-proposal-04may15/msg00000.html>

This is not urgent so I please ask you kindly to address the outstanding questions identified before addressing this comment.

Best regards,


León

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