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

Nigel Roberts nigel at channelisles.net
Mon Jul 20 16:17:35 UTC 2015


Clearly so.

But I'm failing to see what the distinction is between a corporation, 
and an unincorporated body having all the characteristics of a body 
corporate (i.e. limited liability and separate legal personality).

But this is perhaps a debate for off-list.

On 07/20/2015 04:54 PM, Burr, Becky wrote:
> Nigel, US law on unincorporated bodies is very different from UK law.
>
>
> J. Beckwith Burr
> Neustar, Inc. / Deputy General Counsel and Chief Privacy Officer
> 1775 Pennsylvania Avenue NW, Washington, DC 20006
> Office: + 1.202.533.2932  Mobile:  +1.202.352.6367  /
> becky.burr at neustar.biz / www.neustar.biz
>
>
>
>
>
>
> On 7/17/15, 3:11 PM, "Nigel Roberts" <nigel at channelisles.net> wrote:
>
>> OK.. this is interesting.
>>
>> It has the limited liability you previously talked about, agreed. I've
>> read the section.
>>
>> But if it has legal personality, it is then a body corporate, and is no
>> longer "unincorporated", surely?
>>
>> I'd like you, please, to point me to the section in the statute that
>> states these kind of associations have legal personality, and construe
>> it for me, please, since I'm obvious being dim. (It's quite possible we
>> have different understandings of the term "legal personality" here.)
>>
>>
>>
>> On 17/07/15 14:06, Greg Shatan wrote:
>>> Nigel,
>>>
>>> Disagree in part.  A California UA does have legal personality and does
>>> have limited liability.
>>>
>>> Greg
>>>
>>> On Fri, Jul 17, 2015 at 8:58 AM, Nigel Roberts <nigel at channelisles.net
>>> <mailto:nigel at channelisles.net>> wrote:
>>>
>>>      Well, I've looked at the sections of California Law that we have
>>>      been referred to.
>>>
>>>      I see nothin in the California law that contradicts what I wrote
>>>      below, with the single exception that, as previously noted,
>>>      California statute adds the gloss of a limited version of limited
>>>      liability to the common-law concept of unincorporated associations.
>>>
>>>      Do you not agree that the reality is that a California UA does NOT
>>>      have legal personality but DOES have a form of limited liability
>>>      granted by statute?
>>>
>>>
>>>
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