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

[Dr Eberhard W Lisse]

Dear Co-Chairs,

Would you be in a position to explain the below intervention to me?

I can not find any Bruce in the thread, nor any reference to an Independent Objector.

greetings, el
-- 
Sent from Dr Lisse's iPad mini

> On Jul 20, 2015, at 21:34, Kavouss Arasteh <kavouss.arasteh at gmail.com> wrote:
> 
> 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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