[CCWG-ACCT] Concept of some form of "independent" member
James Gannon
james at cyberinvasion.net
Fri Jul 17 11:49:14 UTC 2015
ICANN is not incorporated in the UK, under California law the situation is not the same as you have described.
-James
> On 17 Jul 2015, at 13:41, Nigel Roberts <nigel at channelisles.net> wrote:
>
> In English Law, certainly not! They are something more akin to a partnership, in that they have no legal personality other than that of the natural persons who come together for a joint purpose, and have (in England) joint and several, unlimited legal liability.
>
> The clue is in the Latin root of the word corporation which, literally means "becoming a body". Thus anything unincorporated has not acquired legal personality.
>
> I have to say I've always been fascinated to read that there are actual towns and cities that do not exists as bodies corporate, but that's, I suppose, a rathole for a bar discussion.
>
>
> On 17/07/15 12:35, Dr Eberhard W Lisse wrote:
>> Are UAs legal persons?
>>
>> el
>>
>> On 2015-07-17 13:13 , Gregory, Holly wrote:
>>> Natural persons (humans) are legal persons
>>>
>>>
>>>
>>> Sent with Good (www.good.com)
>>> *
>>>
>>> *
>>> ------------------------------------------------------------------------
>>> *From:* accountability-cross-community-bounces at icann.org on behalf of
>>> Nigel Roberts
>>> *Sent:* Friday, July 17, 2015 05:51:22 AM
>>> *To:* accountability-cross-community at icann.org
>>> *Subject:* Re: [CCWG-ACCT] Concept of some form of "independent" member
>>>
>>> Greg
>>>
>>> I think this is incorrect. I find it hard to imagine a corporation (and,
>>> particularly a non-profit corporation) which is required by law to
>>> restrict membership to legal persons in this way, that is to *require*
>>> members to be legal persons.
>>>
>>> I cannot believe US law is so fundamentally different here -- members of
>>> a corporation may normally be either natural persons or legal persons
>>> unless there are explicit restrictions in the Articles, which is a
>>> matter of choice, not compulsion.
>>>
>>> (I can imagine a non-profit CHOOSING to restrict membership to one or
>>> the other but I can't imagine any statutory requirement of this nature.)
>>>
>>> A trade association MIGHT restrict membership to legal persons: e.g. the
>>> Association of Incorporated Widget Makers (fictitious) may only allow
>>> incorporated makes of widgets; however it would be less unexpected to
>>> see non-profits expecting members to be natural persons only (e.g. the
>>> American Radio Relay League see http://www.arrl.org/arrl-by-laws).
>>>
>>> Can you expand on this please?
>>>
>>>
>>>
>>>
>>>
>>> On 17/07/15 09:47, Greg Shatan wrote:
>>>
>>>> hands of the community, and to have these powers as a matter of right.
>>>> Members must be legal persons.
>>> _______________________________________________
>>> Accountability-Cross-Community mailing list
>>> Accountability-Cross-Community at icann.org
>>> https://mm.icann.org/mailman/listinfo/accountability-cross-community
>>>
>>>
>>>
>>> ****************************************************************************************************
>>> This e-mail is sent by a law firm and may contain information that is
>>> privileged or confidential.
>>> If you are not the intended recipient, please delete the e-mail and any
>>> attachments and notify us
>>> immediately.
>>>
>>> ****************************************************************************************************
>>>
>>>
>>>
>>> _______________________________________________
>>> Accountability-Cross-Community mailing list
>>> Accountability-Cross-Community at icann.org
>>> https://mm.icann.org/mailman/listinfo/accountability-cross-community
>>>
>>
> _______________________________________________
> Accountability-Cross-Community mailing list
> Accountability-Cross-Community at icann.org
> https://mm.icann.org/mailman/listinfo/accountability-cross-community
More information about the Accountability-Cross-Community
mailing list