Opening an account for NPOC, NCUC and NCSG in Estonia

Sam Lanfranco lanfran at YORKU.CA
Wed Jan 16 12:06:32 EET 2019


Hi Farzaneh.

You are pretty much right. Three points of clarification:

  * I have pulled back from the FC because of heavy (and about to be a
    lot heavier) other internet related work obligations.
  * The NPOC account set up by Joan and me is there, sitting idle. I
    have asked Joan to take the lead in where it goes. She is waiting (I
    think) for this bigger discussion to conclude.
  * The process of setting up non-profit bank accounts in Canada is very
    simple, the only constraint is those with signing ability (single,
    double signatures, whatever) have to be resident in Canada to go to
    a bank branch and sign the account creation document, and to sign
    the signing privileges document. There are no associated tax or
    formal organization registration requirements. Each step just needs
    a letter from the organization (e.g. NPOC, NCUC, NCSG) authorizing
    the people here to do what they are doing in the creation of the
    account.

I hope this helps. For you information (and amusement?)  I will continue 
to do what I can with NPOC and NCSG but I am taking some time off next 
month. It is to celebrate my 80th birthday, going to Mexico with my 
girlfriend of 60 years ago.

Sam


On 1/16/2019 10:51 AM, farzaneh badii wrote:
> No I am sorry. Sam stepped down from the FC a couple last year and he 
> mentioned that he does not want to be involved. I let him clarify it.
>
> Also there are some political issues here, we can't mix an NPOC 
> account (or a previous NPOC account) with NCSG account and leave NCUC 
> out. So NCSG account should be NCSG account with Stephanie Perrin as 
> the NCSG chair  has come up with a preliminary plan.
>
>
> Farzaneh
>
>
> On Wed, Jan 16, 2019 at 5:52 AM Raoul Plommer <plommer at gmail.com 
> <mailto:plommer at gmail.com>> wrote:
>
>     Yes, I think the account created by Joan and Sam would presumably
>     have to be renamed NPOC -> NCSG. Other than that, I think as long
>     as you're all Canadian you can all access the account just as
>     easy. I don't think you'd be going physically to the bank all the
>     time anyway. As long as the bank has a branch close to all of you
>     three, the names can be changed without a hitch. As far as I can
>     see, the only issue is trust. I.e. that Sam or Joan wouldn't run
>     away with the funds. I seriously can't see that happening, at all.
>     I'm quite sure Joan or Sam would be willing to change their name
>     as the account holder into someone else, say Stephanie, for
>     example. I was just trying to make use of what we already have.
>
>     -Raoul
>
>
>
>     On Wed, 16 Jan 2019 at 11:43, Remmy Nweke <remmyn at gmail.com
>     <mailto:remmyn at gmail.com>> wrote:
>
>         Hi Stephanie
>         Thanks to Ramirez for the intervention.
>
>         I am not sure both you and Sam have this kind of account
>         except I am missing something.
>
>         I thought he opened account for NPOC.
>
>         At the same time there will be a cost of operating whatever
>         account we eventually decided and must not overlook budgeting
>         or planning for this cost alongside every plan.
>         Regards
>         Remmy
>
>         On Tue, 15 Jan 2019, 11:30 p.m. Stephanie Perrin
>         <stephanie.perrin at mail.utoronto.ca
>         <mailto:stephanie.perrin at mail.utoronto.ca> wrote:
>
>             Tamir has volunteered to get some legal advice on this
>             from those who understand banking better.  The account is
>             free.  I think Sam's account is on the same basis as
>             mine.  I am looking into business numbers.  I think we
>             have it all in hand.  Sam and Joan and I are actually
>             quite far from each other.  As long as it costs nothing, I
>             think we should stick to this plan, while we investigate
>             all the ramifications of this.
>
>             Cheers Stephanie
>
>             On 2019-01-15 16:32, Remmy Nweke wrote:
>>             Hi Stephanie
>>             Hope this meets you well.
>>             Will not be of best interest to leverage the NPOC account
>>             which Sam once opened and since you are also within reach
>>             to make this the best we can.
>>
>>             I had previously suggested we leverage this kind of
>>             account before Sam insight came with hope that there
>>             should be some kind of Memorandum of Understanding among
>>             the Cs and NCSG in the case of any hiccup with hope that
>>             will help us navigate the NCSG imbroglio with a given
>>             percentage set aside to caution the taxes that is
>>             associated with it in the event we have inflows, so that
>>             we do not overlabour our volunteers for choosing to serve
>>             at the highlevels.
>>
>>             May be a revisit will help us all.
>>             Remmy
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>>
>>             On Tue, Jan 15, 2019 at 7:33 PM Stephanie Perrin
>>             <stephanie at digitaldiscretion.ca
>>             <mailto:stephanie at digitaldiscretion.ca>> wrote:
>>
>>                 Thanks for this discussion, Tapani and Moritz. 
>>                 Obviously, I am concerned abou this because I have no
>>                 desire to pay income tax on the amount potentially
>>                 coming into my account from the PIR account,
>>                 particularly because it is coming form the United
>>                 States and this would not, to the best of my
>>                 knowledge, be covered under the waiver we all sign as
>>                 volunteers accepting travel funds from ICANN.  I will
>>                 be asking my account for advice on this, at my own
>>                 expense.  The long arm of the IRS is not to be
>>                 underestimated, for us Canadians, and they can be
>>                 quite arbitrary about alleging taxes owed.
>>
>>                 Stephanie
>>
>>                 On 2019-01-13 06:25, Tapani Tarvainen wrote:
>>>                 On Jan 12 23:15, Moritz Bartl (bartl at RENEWABLEFREEDOM.ORG
>>>                 <mailto:bartl at RENEWABLEFREEDOM.ORG>) wrote:
>>>
>>>>                 What is being discussed here is _not_ merely "opening a bank account".
>>>>                 What you are discussing is to set up organizations.
>>>                 Yes. That is the whole point, specifically to avoid this:
>>>
>>>>                 If you run an account under your name, or a shared account with
>>>>                 someone else, you have the full legal responsibility.
>>>                 Yes. And that is our situation now.
>>>
>>>>                 But, maybe more importantly, what you receive to this account is
>>>>                 (shared) income. If you don't declare it with your taxes, you are
>>>>                 committing tax fraud.
>>>                 This is not correct in general. Rules vary from country to country, of
>>>                 course, and what you say may be true in some, but certainly not all -
>>>                 the following applies in at least some I happen to know of.
>>>
>>>                 All money that comes to your accounts is not income nor should be
>>>                 declared as such. You can, for example, borrow or lend money, and if
>>>                 there's no interest involved there's no income either nor any need to
>>>                 declare such debts with your taxes (at least if your country has no
>>>                 property tax).
>>>
>>>                 More to the point, you can use your own account to handle money
>>>                 belonging to someone else, including an association, without any tax
>>>                 implications, and in many countries law also recognizes unregistered
>>>                 or unincorporated associations (with various limitations on what they
>>>                 can or can't do).
>>>
>>>                 Whether any incoming money is ultimately taxable or needs to be
>>>                 declared depends on all kinds of things, but often, e.g., membership
>>>                 fees are tax exempt.
>>>
>>>>                 If you buy services, you buy them for you, and they become your
>>>>                 legal responsibility.
>>>                 That is not quite accurate either. You can buy services even for an
>>>                 unregistered association. You will be responsible for them, but if you
>>>                 try to, say, take them away from the association, its other members
>>>                 can sue you and win, depending on details of course.
>>>
>>>>                 You can do so as a group, no problem, but you are not magically "not
>>>>                 a legal entity".
>>>                 I'm not quite sure what that means, but certainly even an unregistered
>>>                 association can be a legal entity.
>>>
>>>                 Registering or incorporating an association changes the situation, in
>>>                 particular it limits personal responsibility and makes a number of
>>>                 things legally much easier and better defined, but it's not a totally
>>>                 clear cut, black-and-white distinction.
>>>
>>>                 Anyway, you are absolutely right that there are all kinds of legal
>>>                 complications and they should be well researched before incorporating
>>>                 NCSG in any country.
>>>


-- 
------------------------------------------------
"It is a disgrace to be rich and honoured
in an unjust state" -Confucius
  邦有道,贫且贱焉,耻也。邦无道,富且贵焉,耻也
------------------------------------------------
Visiting Prof, Xi'an Jaiotong-Liverpool Univ, Suzhou, China
Dr Sam Lanfranco (Prof Emeritus), Econ, York U., CANADA
email: Lanfran at Yorku.ca   Skype: slanfranco
blog:  https://samlanfranco.blogspot.com
Phone: +1 613-476-0429 cell: +1 416-816-2852

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