U.S. Law perspective Sent with Good (www.good.com) ________________________________ From: accountability-cross-community-bounces@icann.org on behalf of Nigel Roberts Sent: Friday, July 17, 2015 06:41:58 AM To: Dr Eberhard W Lisse Cc: accountability-cross-community@icann.org Subject: Re: [CCWG-ACCT] Concept of some form of "independent" member In English Law, certainly not! They are something more akin to a partnership, in that they have no legal personality other than that of the natural persons who come together for a joint purpose, and have (in England) joint and several, unlimited legal liability. The clue is in the Latin root of the word corporation which, literally means "becoming a body". Thus anything unincorporated has not acquired legal personality. I have to say I've always been fascinated to read that there are actual towns and cities that do not exists as bodies corporate, but that's, I suppose, a rathole for a bar discussion. On 17/07/15 12:35, Dr Eberhard W Lisse wrote:
Are UAs legal persons?
el
On 2015-07-17 13:13 , Gregory, Holly wrote:
Natural persons (humans) are legal persons
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* ------------------------------------------------------------------------ *From:* accountability-cross-community-bounces@icann.org on behalf of Nigel Roberts *Sent:* Friday, July 17, 2015 05:51:22 AM *To:* accountability-cross-community@icann.org *Subject:* Re: [CCWG-ACCT] Concept of some form of "independent" member
Greg
I think this is incorrect. I find it hard to imagine a corporation (and, particularly a non-profit corporation) which is required by law to restrict membership to legal persons in this way, that is to *require* members to be legal persons.
I cannot believe US law is so fundamentally different here -- members of a corporation may normally be either natural persons or legal persons unless there are explicit restrictions in the Articles, which is a matter of choice, not compulsion.
(I can imagine a non-profit CHOOSING to restrict membership to one or the other but I can't imagine any statutory requirement of this nature.)
A trade association MIGHT restrict membership to legal persons: e.g. the Association of Incorporated Widget Makers (fictitious) may only allow incorporated makes of widgets; however it would be less unexpected to see non-profits expecting members to be natural persons only (e.g. the American Radio Relay League see http://www.arrl.org/arrl-by-laws).
Can you expand on this please?
On 17/07/15 09:47, Greg Shatan wrote:
hands of the community, and to have these powers as a matter of right. Members must be legal persons.
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