Dear Leon,
The Sidley and Adler & Colvin teams have conferred and can confirm the rough estimate that I provided by phone earlier today as follows:
Assuming that we have very clear direction and guidance, the legal work of preparing proposed amendments to ICANN’s articles and bylaws could be accomplished in as little as two weeks. However, as we have explained, in the drafting process issues may become
apparent that have not been anticipated and need additional guidance from CCWG and this would slow the drafting process down.
Similarly, assuming clear direction and guidance on the ACs/SOs and assuming that these entities do not have assets or revenues, the documents for the unincorporated associations (assuming 6) could be drafted in another two weeks.
Thus, the drafting of amendments to the core ICANN governance documents and creation of basic streamlined unincorporated association documents should take about four to six weeks total, to have solid first drafts for review.
We do not have any ability to assess what time will be required by CCWG and other community structures, including ICANN staff, ICANN counsel, the ICANN board, and each of the SO/ACs, to review, comment on and sign off on the revised ICANN governing documents
and the new SO/AC unincorporated association documents. We assume that this time could well be significantly greater than the legal drafting time required. (Nor do we have insight at this time as to expectations with regard to any discussion with or review
by the NTIA or other US government entity.)
In terms of regulatory filings, with both the designator and membership models all that is required is that the new articles of incorporation be filed with the State of California. (The bylaws need not be filed to become effective, but will be publicly disclosed
to California and federal government agencies in due course.) There is no approval process to factor in at the state or federal level.
Of course, these estimates relate to the CCWG project and do not include time for any structural changes related to IANA functions under discussion in the CWG project.
Kind regards,
Holly
HOLLY J. GREGORY
Partner
Sidley Austin LLP
+1.212.839.5853
holly.gregory@sidley.com
-----Original Message-----
From: León Felipe Sánchez Ambía [
mailto:leonfelipe@sanchez.mx]
Sent: Monday, April 27, 2015 2:46 AM
To: Gregory, Holly; Rosemary E. Fei
Subject: Implementation time
Dear Holly and Rosemary,
I know that what I am about to ask might seem like asking for the numbers on bingo but we would like to have a rough reference timeframe for implementation of changes to be ready and legally valid. This, of course, assuming we choose either structure (membership
or designators).
Please let me know if I can be of further help.
Best regards,
León
****************************************************************************************************
This e-mail is sent by a law firm and may contain information that is privileged or confidential.
If you are not the intended recipient, please delete the e-mail and any attachments and notify us
immediately.
****************************************************************************************************