[CCWG-ACCT] Legal question

[Avri Doria]

Hi,

So it is an option?

A SOAC can become one
Or set up a shadow puppet.

And each would be free to pick its own way of doing it.

Also regarding the GAC, is it correct to assume that since they do not
(s)elect a director, they would not really need a UA if they did not
wish, as their special status is guaranteed elsewhere in the bylaws.

Also is it correct to assume that we have now almost 'decided' that UA
are at the level of SOAC.  The reference to IPC as a UA confused me.  Is
that stiill a possiblity that SGs and RALOs might become UAs as well if
they wished.

Finally with regard to becoming UA, I suppose any ICANN component
entity, at any level, could become one today if they wished, no bylaw
prevents it as far as I know.  Is that correct?

thanks

avri


On 01-May-15 11:51, Greg Shatan wrote:
> Avri,
>
> This has to do with the fact that for certain SOACs, some or all of
> the current "members" may not want or be able to be members of a legal
> entity, much less one located outside their home jurisdiction. 
> Probably not a problem for IPC (which is only a piece of a SOAC, but
> the one I'm best positioned to speak to).  More of a problem for GAC
> and ccNSO.
>
> Greg
>
> On Fri, May 1, 2015 at 11:26 AM, Avri Doria <avri at acm.org
> <mailto:avri at acm.org>> wrote:
>
>     Hi,
>
>     A tangent question.
>
>     On 30-Apr-15 23:41, Greg Shatan wrote:
>>
>>     Finally, I have to say I disagree with your contention that each
>>     SO/ACs would need to become an unincorporated association ("UA")
>>     rather than merely create one.  Admittedly, the issue of how each
>>     SO/AC can control its "alter ego" has not been fully fleshed
>>     out.  However, I believe this was discussed at some length on the
>>     legal sub team call and it seems that between the bylaws of the
>>     UA and the charter of the SO/AC there should be very tight
>>     control by the SO/AC over any actions of the UA.
>>
>
>     As a non-member of the legal sub-team, I am curuious, why wouldn't
>     one of the SOAC want to just become an UA instead of creating an
>     additional entity? What are the legal disadvantages of
>     transforming into an UA? As opposed to being on.
>
>     Or has this already been documented in one of the many docs and I
>     just missed it?
>
>     thanks
>
>
>     avri
>
>
>
>
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