Re: [atlarge-discuss] incorporation - misinformation debunked

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

On 15:17 06/07/03, Ron Sherwood said:
> Satisfying the Internal Revenue Service
> requirements that the corporation is an American Corporation (the majority
> of stockholders or members must be American citizens)
This probably kills the idea of incorporating in the USA.

I then strongly support an incorporation in France with a very limited 
legal support (changing the statutes is trivial if adequately prepared). 
There is no quota of citizenship and limited donations can be addressed 
easily. Only legacies may create a problem (I mean to request a letter to 
the tax comptroller). I am sure that Daniel can handle that easily. I have 
incorporated scores of non-profit (up to 5 or 6 in one day) : it was the 
most common way to set-up a Minitel service.

The easiest solution is to use a small kernel of coopted members as a BoD. 
So actually you only incorporate a commitee, the other members being 
members @large. And you put in the statutes that the task of the 
association is to support the @large as per their demands. So the Members 
decide but they are not legally responsible and the association is rock 
solid. Obviously with the French incorporation come the French privacy laws 
which were the origin of the European privacy rules.

The only problem with a French incorporation is the language and the legal 
aspects. The formula I propose removes most of them as the incorporated 
body is just for legal and administrative support of the decisions of the 
community structured by its own bylaws. It could be mostly manned by French 
speaking people without any impact on the power structure within the 
supported @large organization; organized by its own bylaws. Since a French 
assocaition may exist without being declared, this is the way the GNSO is 
actually functionning with AFNIC providing secretariat.

jfc




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