[CCWG-ACCT] Recommendation 3 - Fundamental Bylaws - 1st reading conclusions

Alice Jansen alice.jansen at icann.org
Fri Jan 15 16:17:38 UTC 2016

Sent on behalf of CoChairs

Please find below the main conclusions of our deliberations during call #77. The updated document is attached.

1. Clarify that IFR provisions apply only to IANA’s domain name management function (since it is part of CWG-Stewardship requirements)
2. Clarify process for change of Articles of Association, which is to be similar to the Fundamental Bylaw change process (paragraph 19-21 – page 5)
a. Noting our lawyer’s memo on the topic (Nov 23rd) : […] In the case of ICANN, if the Empowered Community is not provided a right to approve amendments to the Articles, there is a risk that Fundamental Bylaw provisions could be undermined by amendment of the Articles by the ICANN Board, given the hierarchical relationship described above. Thus, we recommend including an approval right with respect to amendments to ICANN’s Articles in favor of the Empowered Community in the same way the Empowered Community has approval rights with respect to Fundamental Bylaws. […]
b. Add specific recommendation that the current Articles of Incorporation be modified to remove the notion of members and reflect the need for an affirmative vote of at least three quarters of the Directors, as well as ratification by the Empowered Community.

Second reading is planned for Thursday, 21 January.

Best regards

Mathieu, Thomas, León

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