[CWG-Stewardship] Concern with Contract Co.

[Alan Greenberg]

Indeed and I had no objection to that. But at the moment, we are running blind. 
-- 
Sent from my mobile. Please excuse brevity and typos.

On November 28, 2014 11:24:58 PM EST, "Gomes, Chuck" <cgomes at verisign.com> wrote:
>Alan,
>
>That is why I suggested on this week’s call that we should get some
>independent legal experts to give us advice and that we should start
>that process right away.
>
>Chuck
>
>From: cwg-stewardship-bounces at icann.org
>[mailto:cwg-stewardship-bounces at icann.org] On Behalf Of Alan Greenberg
>Sent: Friday, November 28, 2014 6:42 PM
>To: Greg Shatan; Olivier MJ Crepin-Leblond
>Cc: cwg-stewardship at icann.org
>Subject: Re: [CWG-Stewardship] Concern with Contract Co.
>
>In Frankfurt we used the term "entity" as if it was something other
>than some for of company or corporation. We have now replaced it with
>"corporation". Others assure me that a corporation is possible with no
>Board or members or owners or shareholders or officers or bank account,
>but I have yet to fully understand how this works.
>
>I will be addressing some of this in my comments, hopefully later
>tonight.
>
>Alan
>
>At 28/11/2014 06:32 PM, Greg Shatan wrote:
>
>Olivier,
>
>I'm not sure exactly what you mean by the "configuration" of Contract
>Co.  We certainly have discussed the "form" the entity would take,
>i.e., a nonprofit corporation.  Place of incorporation has not been
>significantly discussed in recent days, though we had a number of email
>exchanges and some discussion of jurisdiction earlier in a variety of
>contexts.
>
>Greg
>
>On Fri, Nov 28, 2014 at 6:19 PM, Olivier MJ Crepin-Leblond
><ocl at gih.com<mailto:ocl at gih.com>> wrote:
>On 28/11/2014 16:36, Milton L Mueller wrote:
>
>
>
>
>From:
>cwg-stewardship-bounces at icann.org<mailto:cwg-stewardship-bounces at icann.org>
>[ mailto:cwg-stewardship-bounces at icann.org] On Behalf Of Bertrand de La
>Chapelle
>Is the idea of a contract Co. a done deal? Establishing any
>organization with whatever limited staff is usually a recipe for its
>growth in time.
>
>MM: The idea that there should be a contracting entity separate from
>ICANN is, I believe, a done deal. It reflects some of the principles we
>agreed on (such as separability) and the general agreement that, as the
>draft proposal says,
>“The current arrangements provided by the NTIA for the oversight and
>accountability of the IANA Functions are generally satisfactory and the
>objective of the CWG is to replicate these as faithfully as possible”
>
>This is not at all how I understood it. The discussion on whether the
>"contracting entity" should be a contract co. or something else has
>never been touched - certainly no alternatives have been seriously
>considered.
>
>
>
>MM: On the other hand, whether the specific configuration of the
>Contract Co. is optimal for achieving those purposes could still be
>open. I would say is still open to _modification_; any modification
>that accomplishes the agreed objectives but avoids any problems that
>might arise would be welcomed by the CWG I imagine.
>
>The configuration of the Contract Co. has not been discussed either. We
>know what functions should be undertaken and what broad characteristics
>would be needed. No discussion of jurisdiction nor configuration of the
>entity has been done except on RFP4 call today where we started to
>touch on it.
>Kind regards,
>Olivier
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>
>--
>
>Gregory S. Shatan ï Abelman Frayne & Schwab
>
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>
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>
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>
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>
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>
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