This has echoes of how I entered the discussion a month or two back . . . I have been informed, and now have the understanding, that **IN CALIFORNIA**, an unincorporated association is a legal person under statute. As mentioned much earlier, this runs rather counter to the common-law concept of UAs; they have no separate identity to that of their members. The terminology is the clue here incorporation being the act of the birth (making corporeal) of a (legal) person. So something that is unincorporated cannot have a separate identity. This means UAs are regarding as highly dangerous things in British/common law jurisdictions, as the members and officers may be subject to unlimited personal liability for the acts of the association. Nonetheless I am satisfied that the above is the advice received to the CCWG from lawyers admitted in the jurisdiction and I am sure they will be happy to rehearse it on the list.
Hello Malcolm,
Are you certain there is no lega person-hood required because that section referenced by James seem to imply that. I quote a specific section below:
"... the Community Mechanism as Sole Member Model would be a *legal person* created through the ICANN Bylaws as an unincorporated association...."
Regards Sent from my Asus Zenfone2 Kindly excuse brevity and typos.