RE: [atlarge-discuss] incorporation

["Jeff Holt" <jefftttt@txucom.net>]

@Large and Abel,

Yes, the minimum required for incorporation is "Articles of
Incorporation", which may be satisfied with many sources of plain simple
language versions and which are easily amendable once momentum builds
and as the need for further complexity becomes necessary.  The crafting
of the AoI does need careful consideration to insure that ease of
modification, but from my experience it is not difficult to achieve.  In
fact, I have a template from another IRS 501 (c)(3) organization that
could be easily modified to fit our own, as I am sure many would.

The major point of contention in this choice will no doubt be the
nationality of the corporation.  Already I see a division between those
favoring the US and those favoring the EU/France...  My own bias is
naturally for US, and specifically either Texas or Florida, due to the
proximity and also to the logic that in order to stand against or oppose
the ICANN hierarchy, our organization would benefit from the additional
credibility of being a US not-for-profit as opposed to a foreign one
when it comes to the Department of Commerce perspective.  And Ron
Sherwood has a good point in another thread about asking ICANN for
funding, put the monkey on THEIR back (so to speak) and force them to
recognize our organization even if it is to deny us the money.  This
could then be used against their DoC/NTIA renewal efforts which are
quickly approaching.  

Sincerely,
 
Jeff Holt
Jefftttt@txucom.net
www.tejas-info-services.com
 
 
-----Original Message-----
From: Abel Wisman [mailto:abel@able-towers.com] 
Sent: Saturday, July 05, 2003 9:29 AM
To: atlarge-discuss@lists.fitug.de
Subject: [atlarge-discuss] incorporation

Since it is obvious that incorporation is by far one of the most, if not
the most important action this organization requires taken I would like
to have some information from those that are in a position to provide
this (lawyers ,experienced):

Can incorporation take place without by-laws in place, or can very
simple and easily amendable by-laws be used.

I know this will depend on the "where" we incorporate but it is my
assumption on this moment that incorporation means more to the
organization then by-laws. If nto then incorporation might be a long
time away, seeing as that by-law creation will be a long lasting
procedure.

Though I favour the creation of by-laws before incorporation and in that
same line to have the by-laws dictate the incorporationprocess as in
where and how, I can also see that any "official" business with USA
based partners is harder to commit without "offical" incorporation.
It should be known that in several EU countries the gathering of people
expressing the will to organize by law constitutes a "society"
(Vereniging, Vereign, Societe), which obviously by the comments untill
now is not the case in the US.

A "society" is an organization that can be covered by a mission
statement and the board members only, so that one can work on by-laws
and such in relative calm.
Also in the EU one has the difference between the "statutes" and
"by-laws" where the by-laws are the "internal rules" that govern the
organization and the statutes are the offical and law-binding "mostly
standard" documents (i.e. mission statement, date of inc. terms of
office and official address, minimum officers (Pres. Treas. Sec.).

I am not looking for a way to railroad the membership out of voting on
important matters as by-laws, I am just considering that if there is a
possibility to incorporate now and go on about the creation of by-las
over a nominal period of time, we might be able to work more prolific on
other matters such as funding.

I would be more then interested in the opinion of those that hold
knowledge on this in several countries over the globe.

Kind regards

Abel Wisman



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