Re: [atlarge-discuss] incorporation - misinformation debunked

["JFC Morfin @large" <jfc@atlarge.ws>]

On 18:48 06/07/03, Ron Sherwood said:
> Good morning, Jefsey:
> Does French law permit a French corporation to be owned by non-French (or
> non-EU) citizens?
Absolutely. But we are in a different world here. You talk about 
corporations as you only know one legal body structure in common law. In 
French/European laws you have various different types of legal bodies 
(societies [corporations], associations, unions...). The one non-profit use 
is "association".

This means that 2 or more persons of any citizenship agree together to work 
on a given object (project) with anyone else who is interested (under the 
way they want and with the membership criteria they want). If the purpose 
is not illegal they can do whatever they want and to estabilish their 
charter the way they want. However jurisprudency and more than anything 
else State and local subventions and "cut and paste" charters make that the 
one who decides the expense is different from the one who signs the check 
(you must be two: so the Preident is not the Treasurer). There must be a 
Secretary (to write the administrative reports): he can be the President. 
Also, democratic assemblies are quite universal because you need them to be 
accepted as "of public interest" with some special additional rights. Last 
thing you usually want is to tell which structure get your assets if you 
disband, otherwise the States decides which other associations will get it.

Tax wise you are not taxed. But you must not buy and sell execpt 
occasionally, you can provide services but cheaper than commercial 
operations and you cannot split benefits. If you carry a commercial 
activity on a regular basis you only have to declare it and pay taxes on 
revenues. You are supposed to fill a yearly report. I only did that for 
SIAT/Intlnet (because of its politcal importance) once or twice. I never 
did for ohers.

The only thing to do is to declare the association and to publish it into 
the Journal Officiel of the French Republic. The incorporation is free. The 
publication is arount $ 35.  You may have a look at the Intlnet site.

http://intlnet.org/siat-reg.htm is the 1978 registration of the SIAT (the 
lean ICANN of 20 years ago)
http://intlnet.org/siat-jo.htm the JO with the declaration. You just need 
that copy to open a bank account
http://intlnet.org/siat-siren.htm the corporate ID number (not all the 
association ask for it: it is free)
http://intlnet.org/siat-intlnet.htm the copy of the Board Meeting decision 
to add the word Intlnet to its name and confirm the word Eurolab. This 
gives you an example of the simplicity.

BTW, you may want to have a look at: http://intlnet.org/intl.htm whch shows 
that VI were connected a long before Internet as such was created in 1983.

jfc










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