Seun,

Can you point where this understanding and learning comes from? I don't think any of this is correct, unless you are referring to a "council" where each SO/AC is a statutory member of the corporation. This is not the case in the "single member model," where there is only one statutory member.

Greg

On Thursday, July 9, 2015, Seun Ojedeji <seun.ojedeji@gmail.com> wrote:

I understand the powers would be bestowed on the council individuals and not their source position;

For instance one of the option is to populate the community council with leaders of SO/AC, which IMO would be the cheapest route in this model so they would be occupying a virtual seat and exercise those powers when required. It would also allow the various SO/AC internet accountability mechanisms apply to council including removal of members.

However, I then learnt that the council cannot be formed by SO/AC leader positions but rather to the occupants of that position. This would mean having to rewrite the bylaw/document forming the council often since leaders of those positions are dynamic and could change at anytime. Will be good to know if that is no longer the case

Regards
Sent from Google nexus 4
kindly excuse brevity and typos.

On 7 Jul 2015 2:56 pm, "Roelof Meijer" <Roelof.Meijer@sidn.nl> wrote:
Interesting, we’re back on the subject of a single member structure. It was written off before

Cheers,

Roelof

From: <accountability-cross-community-bounces@icann.org> on behalf of Roelof Meijer <roelof.meijer@sidn.nl>
Date: woensdag 22 april 2015 15:56
To: "avri@acm.org" <avri@acm.org>, "accountability-cross-community@icann.org" <accountability-cross-community@icann.org>
Subject: Re: [CCWG-ACCT] member organization and single membership structure

Hi Avri,

The sole membership construction, is a possibility described in the legal document in several places: the comments by the legal experts on the PCCWG mechanism template (page 64) and the Community Council mechanism template (page 69). I sent several emails about it to the WP1 list, suggesting to look in the possibility as indeed it would not necessitate every SO and AC to become a legal entity. And, as you do, suggesting: "make the „Community Council” the sole member of ICANN (and thus a formal legal entity), consisting of either the SO and AC chairs or SO/AC elected representatives” (from an email of 14 April).

And I would think it would enable the SO’s and AC’s themselves to continue appointing directors, as they do now. But that’s just guessing, based on the fact that the SO’s and AC’s themselves would not change status

Best,

Roelof

From: Avri Doria <avri@acm.org>
Organization: Technicalities
Reply-To: "avri@acm.org" <avri@acm.org>
Date: woensdag 22 april 2015 15:09
To: "accountability-cross-community@icann.org" <accountability-cross-community@icann.org>
Subject: Re: [CCWG-ACCT] member organization and single membership structure

Hi,

On 22-Apr-15 08:26, Roelof Meijer wrote:
2)
What I find quite frustrating is that I have raised the point of the possibility (or not) of a single membership structure – an option mentioned by Sidley and Adler & Colving in their legal advice – several times by now without getting any substantial reaction. I am not aware that any serious effort to investigate this has led to a formal write-off.

In some way that might lessen the complexity of making most SOAC an individual legal entity. 

How would it work?  Would we continue to appoint Directors just as we do now?

Or would there need to be some sort of Members Council that took actions, working simliarly to the the executive board or community council idea?

thanks

avri



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