[CCWG-ACCT] Fwd: [Acct-Legal] Proposed agenda for tomorrow's call

Malcolm Hutty malcolm at linx.net
Wed Apr 22 15:30:05 UTC 2015



On 22/04/2015 07:07, León Felipe Sánchez Ambía wrote:
> Dear all,
> 
> I am forwarding the answers provided by counsel to the questions raised
> by Chris Disspain. 
[...]
>> 2. Is it correct that were there to be such a bylaw and the SOs and
>> ACs were to veto the budget or a bylaw change pursuant to that bylaw
>> then the Board of ICANN could ignore that veto and that the SOs and
>> ACs could not enforce the veto?
>>
>>   * *First, for an SO or an AC to be able to enforce any right
>>     vis-a-vis ICANN, it would need to be organized as a legal person
>>     (such as an unincorporated association).  

A quick check for certainty please: did Counsel advise that
unincorporated associations have legal personality under California law?

If this was noted down orally, it would have been easy to mishear "such
as an incorporated association", and I wanted to check against that
possibility.

Unincorporated associations do not have legal personality in English law.



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