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

[Chris Disspain]

> We have now decisively established that UK law is not US law.

Not sure we have consensus on that and nor have we received independent legal advice fro lawyers in both jurisdictions.


Cheers,

Chris

> On 17 Jul 2015, at 22:06 , Paul Rosenzweig <paul.rosenzweig at redbranchconsulting.com> wrote:
> 
> 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 
> O: +1 (202) 547-0660
> M: +1 (202) 329-9650
> VOIP: +1 (202) 738-1739
> Skype: paul.rosenzweig1066
> 
> 
> -----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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