[NCUC-DISCUSS] (no subject)

[Olévié Kouami]

Greetings from Lomé, Togo
+1 @MM.
Same with the NPOC. The needs and interest of the members are not the same
withnthose of ICANN.
It's very important to notice it.
My 2 xof.
-Olévié-


2016-12-26 5:02 GMT+00:00 Mueller, Milton L <milton at gatech.edu>:

>
>
> I am not sure what this argument is about.
>
>
>
> Of course NCUC is structurally a creature of ICANN’s bylaws, but at the
> same time its mission is clearly to be a representative of noncommercial
> interests. As such, it is autonomous of ICANN the corporation and is
> attuned to the needs and interests of our members, which are not the same
> as those of ICANN corporate.
>
>
>
> --MM
>
>
>
> *From:* Ncuc-discuss [mailto:ncuc-discuss-bounces at lists.ncuc.org] *On
> Behalf Of *Edward Morris
> *Sent:* Thursday, December 22, 2016 8:29 AM
> *To:* Ayden Férdeline <icann at ferdeline.com>; Aarti Bhavana <
> aarti.bhavana at nludelhi.ac.in>; James Gannon <james at cyberinvasion.net>
> *Cc:* Ncuc-discuss <ncuc-discuss at lists.ncuc.org>
> *Subject:* Re: [NCUC-DISCUSS] NCUC Logo - Ideas and designers out there?
>
>
>
> Hi James,
>
>
>
>
>
> *I disagree, we have no legal autonomy, the only argument would be that we
> exist as an unincorporated association which can be argued either
> direction.*
>
>
>
> You can argue anything in either direction. That is true. That we
> are already an unincorporated association under §18305 of the California
> Corporations Code seems certain. The CCC defines an incorporated
> association as “unincorporated group of two or more persons joined by
> mutual consent for a common lawful purpose, whether organized for profit or
> not.". THe only question is whether we have locus in California so that
> state retains jurisdiction over the NCUC. You make a pretty persuasive case
> through your own argument relating to ICANN that it does. Jurisdiction may
> be argued, I'd need more details to form a definitive view,  but we'd
> likely find a similar statute wherever we're found to exist.
>
> .
>
>
>
> *Our bank account is held by Milton as an individual if I’m not mistaken *
>
>
>
> I believe you are. I received reimbursement check a few months ago from
> the Non Commercial Users Constituency. Unless Milton changed his name to
> Mr. Constituency I'm pretty sure that's not an individual account.
>
>
>
> *and is not registered to any legal entity (as you note one does not
> exist) we hold no rights under US law with regards to being a legal entity
> such as status with the IRS or similar.*
>
>
>
> The NCUC has a federal taxpayer identification number. Our donors like
> those.
>
>
>
>
>
> *The status of hosting for our webservers is non-related to our legal
> status. We may act independently but we do not have any legal status
> outside of our role as a constituency of ICANN.*
>
>
>
> Wrong. See above.
>
> I'm not very good at explaining law to those who aren't lawyers. One of my
> failings in life. My apologies.
>
> One area where we do seem to agree, James, is upon the desirability of
> filing the necessary paperwork to affirm our intention to be an
> unincorporated association. Perhaps we should focus on that and encourage
> the EC to consider doing so. There are a number of folks here, myself
> included, who could put together the paperwork in under an hour. I'd be
> happy to do so if asked by the EC.
>
> Sorry I need to disengage now due to Christmas travel. Happy holidays
> everyone.
>
> Best,
>
> Ed
>
>
>
>
>
>
>
>
>
>
>
>
>
> _______________________________________________
> Ncuc-discuss mailing list
> Ncuc-discuss at lists.ncuc.org
> http://lists.ncuc.org/cgi-bin/mailman/listinfo/ncuc-discuss
>
>


-- 
*Olévié Ayaovi Agbenyo KOUAMI*
*Président/CEO de l'INTIC4DEV (Institut des TIC pour le développement) **
http://www.intic4dev.org/*
Membre du Conseil d'Administration du FOSSFA
*Eminent National Expert for the World Summit Award
(http://www.wsis-award.org <http://www.wsis-award.org>) *
*Secrétaire Général de l'ESTETIC  - Association Togolaise des
professionnels des TIC (http://www.estetic.tg <http://www.estetic.tg>)*
*ICANN-GNSO-NCSG-NPOC-ExCom  (http://www.npoc.org/ <http://www.npoc.org/>)
**ICANN
- Fellow & Alumni (http://www.icann.org <http://www.icann.org>) - Membre de
Internet Society (http://www.isoc.org <http://www.isoc.org>)-**Membre
fondateur du RIK-Togo (Réseau Interprofessionnel du Karité au Togo) *(
http://www.globalshea.com)
*Skype : olevie1   FaceBook : @olivier.kouami.7 Twitter : #oleviek Lomé –
Togo*
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