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".
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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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