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

[Greg Shatan]

Malcolm:

Yes, counsel has advised on several occasions that unincorporated
associations are legal persons under California law.

I would note that these are written questions provided directly from
counsel (in writing), so there is no "mishearing" possible.  Not sure how
you could get the idea it was otherwise, given that the advice was signed
by Joshua Hofheimer of Sidley.

Greg

On Wed, Apr 22, 2015 at 11:30 AM, Malcolm Hutty <malcolm at linx.net> wrote:

>
>
> 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.
>
>
>
> --
>             Malcolm Hutty | tel: +44 20 7645 3523
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