We have now decisively established that UK law is not US law.
Not sure we have consensus on that and nor have we received independent legal advice fro lawyers in both jurisdictions. Cheers, Chris
On 17 Jul 2015, at 22:06 , Paul Rosenzweig <paul.rosenzweig@redbranchconsulting.com> wrote:
Great. We have now decisively established that UK law is not US law. And also that online legal resources are incomplete.
Paul Rosenzweig paul.rosenzweig@redbranchconsulting.com O: +1 (202) 547-0660 M: +1 (202) 329-9650 VOIP: +1 (202) 738-1739 Skype: paul.rosenzweig1066
-----Original Message----- From: Nigel Roberts [mailto:nigel@channelisles.net] Sent: Friday, July 17, 2015 7:57 AM To: accountability-cross-community@icann.org Subject: Re: [CCWG-ACCT] Concept of some form of "independent" member
From: Dr Eberhard W Lisse <el@lisse.NA> Would have been too much work obviously to write "yes".
el
Would have been an incorrect answer, even in California.
From my research, it appears that a California UA
- does NOT have legal personality - DOES have limited liability granted by statute.
See http://www.nolo.com/legal-encyclopedia/what-an-unincorporated-nonprofit-asso ciation.html which states :-
The biggest drawback to the unincorporated nonprofit association, and the reason nonprofits often abandon this form in favor of a nonprofit corporation, is that it has no separate legal existence apart from its members. Because it is not respected as a separate legal entity, its members generally can be personally liable for its debts and liabilities. Some states, such as California, give some limited liability to nonprofit association members; but it's not as good as the protection obtainable from a nonprofit corporation. Moreover, unless your state law contains an "enabling statute" granting such rights entities, an unincorporated association cannot hold or receive property, or sign contracts, in its own name.
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