[CCWG-ACCT] Fwd: [Acct-Legal] Revised memo on Unincorporated Associations, with sample Articles of Association attached

Chris Disspain ceo at auda.org.au
Fri May 1 22:28:02 UTC 2015


Thanks.

I'll assume it attempts to. Here's what is says:

"The control mechanism for an SO/AC over its unincorporated association could be essentially the same as whatever control mechanisms currently exist to ensure that the SO/ACs do what their participants collectively decide they should do.  For example, if an SO/AC has a chair, that chair could be empowered and directed by the participants in the SO/AC to cause the unincorporated association of that SO/AC to act as directed by the SO/AC to exercise membership or designator rights.  If the chair refused, that chair could presumably be subjected to discipline or removed and replaced under existing procedures within the SO or AC, just as if the chair had refused to take any other action as directed by the SO/AC.  If existing control mechanisms within SO/ACs are insufficient, the SO/AC could modify them to address the weakness."

I refer to the text in bold. I agree. However this does not answer the question, "and what power of enforcement over the UA does the SO or AC have if the UA refuses to act as directed or if it starts to act on its own behalf without direction?".

This is and has been the point I have been making for the last day or so. 

Cheers,
 
Chris Disspain | Chief Executive Officer
.au Domain Administration Ltd
T: +61 3 8341 4111 | F: +61 3 8341 4112
E: ceo at auda.org.au | W: www.auda.org.au
 
auDA - Australia's Domain Name Administrator

> On 2 May 2015, at 08:20, León Felipe Sánchez Ambía <leonfelipe at sanchez.mx> wrote:
> 
> Hi Chris!
> 
> I'm sorry but can't tell because I'm on the road and haven't had the chance to go through the document but I forwarded it because I didn't want to hold it. 
> 
> Cheers!
> 
> 
> León
> 
> Enviado desde el móvil.
> Errores tipográficos son culpa del tecladito y mis dedos gordos. 
> 
>> El may 1, 2015, a las 3:17 PM, Chris Disspain <ceo at auda.org.au> escribió:
>> 
>> Thanks León.
>> 
>> Jus to check, are the changes meant to deal with the question I asked the other day and have been exchanging with Greg and Jordan about? Or is that being answered separately?
>> 
>> Cheers,
>>  
>> Chris Disspain | Chief Executive Officer
>> .au Domain Administration Ltd
>> T: +61 3 8341 4111 | F: +61 3 8341 4112
>> E: ceo at auda.org.au | W: www.auda.org.au
>>  
>> auDA - Australia's Domain Name Administrator
>> 
>>> On 2 May 2015, at 08:10, León Felipe Sánchez Ambía <leonfelipe at sanchez.mx> wrote:
>>> 
>>> Hi all,
>>> 
>>> An update from the lawyers with regards to UAs
>>> 
>>> Best regards,
>>> 
>>> 
>>> León
>>> 
>>> Enviado desde el móvil.
>>> Errores tipográficos son culpa del tecladito y mis dedos gordos. 
>>> 
>>> Inicio del mensaje reenviado:
>>> 
>>>> De: List for the work of CCWG-Accountability Legal SubTeam <ccwg-accountability5 at icann.org>
>>>> Fecha: 1 de mayo de 2015, 3:03:54 PM PDT
>>>> Para: "ccwg-accountability5 at icann.org" <ccwg-accountability5 at icann.org>
>>>> Cc: "Sidley ICANN CCWG \(sidleyicannccwg at sidley.com\)" <sidleyicannccwg at sidley.com>, ICANN-Adler <ICANN at adlercolvin.com>
>>>> Asunto: [Acct-Legal] Revised memo on Unincorporated Associations, with sample Articles of Association attached
>>>> Responder a: ccwg-accountability5 at icann.org
>>>> Dear Legal Sub-team:
>>>>  
>>>> We attach a revised version of the unincorporated associations memo from April 23, 2015, which now has a description of the proposed uses of unincorporated associations in ICANN’s governance structure, and 2 new questions received since April 23, as well as some clarifying edits to prior answers to questions.  We hope this is useful for the upcoming call, and perhaps as an annex to the CCWG Draft Proposal.  A redline against the April 23 version will be provided shortly.
>>>>  
>>>> Rosemary
>>>>  
>>>> Rosemary E. Fei
>>>> Adler & Colvin
>>>> 235 Montgomery Street, Suite 1220
>>>> San Francisco, CA 94104
>>>> 415/421-7555 (phone)
>>>> 415/421-0712 (fax)
>>>> rfei at adlercolvin.com 
>>>> www.adlercolvin.com
>>>>  
>>>>  
>>>> Adler & Colvin is a San Francisco Green Business certified by the City and County of San Francisco. Please consider the environment before you print this email.
>>> <REVISED memo on unincorporated associations (00673349-4xA3536).docx>
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