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

Kavouss Arasteh kavouss.arasteh at gmail.com
Mon Jul 20 20:34:52 UTC 2015


Dear Bruce

This discussion is not productive .It may mislead every one

The independent objector is a process that exist and has nothing to do with
IRP

I suggest that we do not open a new chapter

There is no direct link between independent objector and community
mechanism as sole member

Kavouss





2015-07-20 18:41 GMT+02:00 Greg Shatan <gregshatanipc at gmail.com>:

> A California unincorporated association does not have all the
> characteristics of a "body corporate" -- it really only has the two you
> mention: limited liability and legal personality, pursuant to the
> California Corporations Code (which also sets out the law on partnerships,
> so it's not just about corporations).
>
> There are a number of ways in which a California UA differs from a
> corporation: it doesn't need to reserve a name or file incorporation papers
> or go through any process with the state to come into existence (it can
> simply "register," but that is not a requirement), it doesn't need formal
> articles of incorporation or bylaws, it has more limited recordkeeping and
> reporting requirements, etc.
>
> Greg
>
> On Mon, Jul 20, 2015 at 12:17 PM, Nigel Roberts <nigel at channelisles.net>
> wrote:
>
>> 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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