[PC-NCSG] on another topic

[Sam Lanfranco]

/Avri Doria wrote:  "are there downsides to NCSG declaring itself an 
unincorporated association unilaterally"/

Avri & PC Colleagues

I have had to deal with this elsewhere, and while I may be off with 
regard to what is meant by the question, I will offer these brief 
comments. While any group can call itself a group, and decide how it 
wants to govern itself, take stands on things, and even undertake 
projects there are always several complications. The first has to do 
with finances. The group cannot, as a group, be the recipient of 
financing from most sources. It could sell lemonade and cupcakes 
but..that is a slow road to finances, and in some countries it cannot 
even have a bank account. If it has project aspirations it has to work 
with a registered group that has a similar mandate and can receive 
funding. Another issue is liability. Groups I know have recently 
terminated their not-for-profit charters because liability insurance and 
growing financial accountability costs were bigger than their modest 
annual budgets. In Canada if a group (incorporated or not) runs afoul of 
tax laws the revenue agency will target the deeper pocketed individuals 
[I am safe there :-) ] in the governance structures, so it needs 
liability insurance.

Additionally, there are emerging clauses in multilateral agreements like 
the TTP (Trans-Pacific Partnership), that are making volunteer groups 
harder to sustain. I would not be surprised if down the road those 
agreements pose problems for ICANN's multistakeholder model. There are a 
number of issues around what is the association, what constitutes 
membership, and the relationship between membership and organizational 
governance.

There are some very good not-for-profit lawyers coming to Dublin, at 
ICANN's expense. Might want to corner them over a beer and pepper them 
with questions around this.

Sam

Avri Doria wrote:
>
> are there downsides to NCSG declaring itself an unincorporated
> association unilaterally.
>
> upsides?
>
> if upsides are greater than downsides, should we try to do it?
>
> It might require change to our charter which would need to be approved
> by the Board, but it might be worth the effort.
> The discuss list discussion could be interesting as well.
>
> just a thought i had while walking back from the street market.
>
> cheers
>
> avri
>
>
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-- 
------------------------------------------------
"It is a disgrace to be rich and honoured
in an unjust state" -Confucius
------------------------------------------------
Dr Sam Lanfranco (Prof Emeritus & Senior Scholar)
Econ, York U., Toronto, Ontario, CANADA - M3J 1P3
email: Lanfran at Yorku.ca   Skype: slanfranco
blog:  http://samlanfranco.blogspot.com
Phone: +1 613-476-0429 cell: +1 416-816-2852

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