[CWG-Stewardship] DT-X Separation Mechanism - first draft - correct link

[Olivier MJ Crepin-Leblond]

Dear Greg,

thanks for this info. Glad to see the component parts would still exist.
I'd venture to say that whether Chapter 7 or Chapter 11 bankruptcy is
invoked, it's probably better that IANA issues an RFP as it would
signify that ICANN is in real trouble.
Kindest regards,

Olivier

On 18/04/2015 01:12, Greg Shatan wrote:
> Olivier,
>
> Here is my understanding:
>
> Bankruptcy (by which I mean filing for bankruptcy in Bankruptcy Court)
> itself would not affect the existence of the SO/ACs and CCWG, which
> currently don't legally exist as separate entities anyway.  One of the
> potential end results of a bankruptcy is a dissolution of an entity,
> with a winding down of the business, sale of assets and payments to
> creditors (by order of priority, and often at "pennies on the
> dollar").  That is the worst case scenario of bankruptcy.  A
> dissolution could result in the end of ICANN as we know it.  
>
> The better case in bankruptcy is a restructuring or reorganization of
> the bankrupt entity, allowing it to resolve its debts, restructure or
> eliminate obligations, and then emerge from bankruptcy as a
> "slimmed-down" healthier entity.  It's up to board and management of a
> failing or "flailing" company to declare bankruptcy when the company
> is still healthy enough to file for a restructuring, rather than a
> dissolution.
>
> If the SO/ACs became unincorporated associations, the bankruptcy of
> ICANN would have no effect on the existence of the SO/ACs (which would
> then be legal persons).
>
> This is my understanding of the general rules as they relate to
> business entities.  The rules of bankruptcy could be significantly
> different for non-profits, but probably would not change the direct
> answer to your question.
>
>
> Greg Shatan
>
> Caveat: I am not a bankruptcy lawyer and this is not legal advice.
>
> On Fri, Apr 17, 2015 at 6:27 PM, Olivier MJ Crepin-Leblond
> <ocl at gih.com <mailto:ocl at gih.com>> wrote:
>
>     Dear Avri,
>
>     the document does not include the case of ICANN bankruptcy which I
>     mentioned on the conference call.
>     Should it be included? Furthermore, in the unlikely event of ICANN
>     bankruptcy would ACs, SOs and a CCWG actually still legally "exist"?
>     Kindest regards,
>
>     Olivier
>
>
>     On 17/04/2015 12:38, Avri Doria wrote:
>>     hi,
>>
>>     the correct drive link.
>>
>>     https://docs.google.com/document/d/1WvBqtgXJ7rNrbN-5Tjf5-gi80aZ2oRYDtF_JLrETRqg/edit?usp=sharing
>>
>>     avri
>>
>>     On 16-Apr-15 22:39, Avri Doria wrote:
>>>     Hi,
>>>
>>>     A first draft of a possible separation mechanism is available
>>>     <https://docs.google.com/document/d/1pjRsvePXLHrK0zzFmMcavzvSXehds5FTCEUPPcc7K6w/edit?usp=sharing>
>>>     <https://docs.google.com/document/d/1pjRsvePXLHrK0zzFmMcavzvSXehds5FTCEUPPcc7K6w/edit?usp=sharing>
>>>
>>>     The drive document remains open for suggested edits and comments.
>>>
>>>     For convenience, have attached a word and pdf version
>>>
>>>
>>>     avri
>>>
>>>
>>>     ------------------------------------------------------------------------
>>>     Avast logo <http://www.avast.com/> 	
>>>
>>>     This email has been checked for viruses by Avast antivirus
>>>     software.
>>>     www.avast.com <http://www.avast.com/>
>>>
>>>
>>>
>>>
>>>     _______________________________________________
>>>     CWG-Stewardship mailing list
>>>     CWG-Stewardship at icann.org <mailto:CWG-Stewardship at icann.org>
>>>     https://mm.icann.org/mailman/listinfo/cwg-stewardship
>>
>>
>>
>>     ------------------------------------------------------------------------
>>     Avast logo <http://www.avast.com/> 	
>>
>>     This email has been checked for viruses by Avast antivirus software.
>>     www.avast.com <http://www.avast.com/>
>>
>>
>>
>>
>>     _______________________________________________
>>     CWG-Stewardship mailing list
>>     CWG-Stewardship at icann.org <mailto:CWG-Stewardship at icann.org>
>>     https://mm.icann.org/mailman/listinfo/cwg-stewardship
>
>
>     _______________________________________________
>     CWG-Stewardship mailing list
>     CWG-Stewardship at icann.org <mailto:CWG-Stewardship at icann.org>
>     https://mm.icann.org/mailman/listinfo/cwg-stewardship
>
>

-- 
Olivier MJ Crépin-Leblond, PhD
http://www.gih.com/ocl.html

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mm.icann.org/pipermail/cwg-stewardship/attachments/20150419/e1ed646d/attachment.html>