[CCWG-ACCT] Concept of some form of "independent" member

[Paul Rosenzweig]

Great.  We have now decisively established that UK law is not US law.  And
also that online legal resources are incomplete.

Paul Rosenzweig
paul.rosenzweig at redbranchconsulting.com 
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M: +1 (202) 329-9650
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-----Original Message-----
From: Nigel Roberts [mailto:nigel at channelisles.net] 
Sent: Friday, July 17, 2015 7:57 AM
To: accountability-cross-community at icann.org
Subject: Re: [CCWG-ACCT] Concept of some form of "independent" member

> From: Dr Eberhard W Lisse <el at lisse.NA> Would have been too much work 
> obviously to write "yes".
>
> el


Would have been an incorrect answer, even in California.

 From my research, it appears that a California UA

- does NOT have legal personality
- DOES have limited liability granted by statute.

See
http://www.nolo.com/legal-encyclopedia/what-an-unincorporated-nonprofit-asso
ciation.html
which states :-

> The biggest drawback to the unincorporated nonprofit association, and the
reason nonprofits often abandon this form in favor of a nonprofit
corporation, is that it has no separate legal existence apart from its
members. Because it is not respected as a separate legal entity, its members
generally can be personally liable for its debts and liabilities. Some
states, such as California, give some limited liability to nonprofit
association members; but it's not as good as the protection obtainable from
a nonprofit corporation. Moreover, unless your state law contains an
"enabling statute" granting such rights entities, an unincorporated
association cannot hold or receive property, or sign contracts, in its own
name.


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