Hi,

Just for information, there is a European form of cooperative, see
https://en.wikipedia.org/wiki/Societas_cooperativa_Europaea

Cheers
Sophie
Le 25/08/2020 à 22:02, Telesto a écrit :
> Hi,
> 
> Thanks for the quite response and acknowledging of the issues with the
> Canadian route. Next step is to list advantages/disadvantages for a
> number of country's;  from my perspective European country's. There are
> quite some country's allowing a Genossenschaft kind of structure or even
> a Verein (DE) (Club/association). Some examples for the Netherlands are
> ANWB (Verein with members (DE)) combined with commercial BV (GmbH (DE)).
> They Rabobank has a cooperation structure, but nowadays more a light
> (more symbolic) version). ForFarmers (a feed company). Originally
> established by group of farmers as a kind of purchasing organization for
> cattle feed in a Cooperative structure. Grown to large company, and made
> the move to the stock market. Partly because of farmers not being able
> to sell there shares (or bonds or whatever they created for that) in the
> cooperation easily and fuzz about the market value (as there was no
> exact figure; and account who 'calculated' a price). Not sure if they
> farmers are happy now, with a new group of interests (investors) who
> like to see returns on investment. Not only a good price/ quality cattle
> feed. However there are remains, see:
> https://www.forfarmersgroup.eu/en/bestanden/ForFarmers_Group/PDF/Overig/30160-1/Relationship_Agreement_between_ForFarmers_NV_and_Cooperatie_FromFarmers_UA_EN.pdf
> 
> 
> Anyhow, I personally would opt/ start with country's in the region where
> the main eco-system partners are situated. So United Kingdom or Germany.
> As this easiest way. I only opt for a different country if there is some
> substantial (legal/fiscal/practical) benefit. Outweighing all the
> trouble (and additional costs). However, they Brexit doesn't make things
> easier. As it makes things bit unpredictable, IMHO.  So next best would
> maybe be Ireland. They advantage base in Ireland/ United Kingdom would
> be the language. Not a big fan of translations of official documents
> (not clue about European SE). However, I personally prefer civil law
> above common law, as it's rather easy to look up the law (if you're able
> to read the language in question). If you want geographical in the
> middle of they big eco-system partners you end up in the Netherlands.
> Germany rather procedural so maybe slower? Or simply a stigma. One of
> the advantages the Netherlands is claimed to be the numerous tax rules.
> However probably every country is promoting some advantage. And next
> question is of course if those advantages being actually relevant (or
> kind of gimmick). Based on my (heavily biased, unfounded) gut feeling I
> end up with Germany, Netherlands, United Kingdom, Luxembourg, Austria,
> Belgium, Denmark (or maybe Poland or Czech Republic). [Read you're own
> preferred order]
> 
> The Board members could share their experiences with ups/downs of
> operating in they different country's. United Kingdom, Germany,
> Netherlands are all represented on the board. Say the costs of running a
> business (Laws/taxes/administration requirements; local costs of
> accountants/ lawyers/ permits). Germany still cheaper in quite some
> area's compared to the Netherlands (at least on goods/grocery's/homes).
> Britain in general rather expensive, based on my experiences. I would
> assume this is valid for the whole living standard.
> 
> I would consider to euro to be slightly more stable compared to to say
> Britain (especially after Brexit and Covid-19). However there might be a
> repeat of they EU-crisis of 2008 regarding to South Europe (as they
> depend on tourism and already having deficits). So maybe is Brexit only
> the start of an exodus. So the advantages of Europe as a whole might
> dwindle. So choice should ideally be acceptable even in worst case
> scenario's.
> 
> Simply some pointers. Not sure if Kevin has some insights or experiences.
> 
> Regards,
> Telesto
> 
> 
> 
> 
> Op 25-8-2020 om 17:54 schreef Kev M:
> 
>> Hi,
>> Regarding setting up in Canada:
>> Reading through this article will tell you everything you need to know
>> regarding entities, tax, and liability implications:
>> https://uk.practicallaw.thomsonreuters.com/9-564-0499?transitionType=Default&contextData=(sc.Default)&firstPage=true
>>
>> I think Telesto raises some strong points against setting up in
>> Canada; The ones that resonated with me were related to the geographic
>> separation of board directors and the ability and familiarity with
>> Canadian law. Unless you have a Canadian board member or TDF or TDC
>> employee domiciled in Canada, it will be difficult to go through
>> bureaucratic processes in the country. There are also nuances to
>> Canadian law and culture that may seem a bit confusing or backwards
>> compared to say, the Netherlands or another European country.
>> Consider this example; in the Netherlands, a Digital ID system is in
>> place that allows for board members to sign documents electronically
>> from anywhere in the world, which significantly speeds up the process
>> of making decisions and getting government approval on forms, changes,
>> etc. In Canada, we are still debating how a national Digital ID system
>> will be implemented (it's at least 2-3 years out). Currently in many
>> provinces they still require you to fax or mail-in documentation. I
>> tried to email a scanned PDF once and my provincial business registrar
>> refused to accept it. The TDF would have to weigh bureaucratic
>> inefficiencies and the time to resolve them with the overall tax
>> savings (which, I do not know what the tax comparison between Canada
>> and an EU tax-haven like Luxembourg would be.)
>> Geopolitically I also see LibreOffice as being a European-based
>> project; and as such with the unfortunate impending balkanization of
>> technology to geographic spheres, European government support of
>> LibreOffice may increase if any perceived corporation headquarters
>> (despite it being owned by the TDF -- because headquarters seems to be
>> the only metric policymakers care about anymore) is domiciled in the
>> EU rather than Canada. Canada is also heavily lobbied by Microsoft for
>> government contracts and if there are future inroads being made by
>> LibreOffice into Microsoft's cash cow product, I wouldn't be surprised
>> to see speedbumps from the Canadian bureaucrats impeding TDC
>> initiatives. I personally believe positioning LibreOffice as a
>> made-in-Europe solution could lead to government grants and more
>> support contracts, but this would require the TDF/TDC/Enterprise
>> Stakeholders to commission a government relations firm to advocate on
>> LibreOffice's behalf, or to engage in a grassroots campaign with
>> LibreOffice users to raise awareness with local politicians (a tall
>> order for something most people don't think about regularly).
>> If you did want to proceed with setting something up in Canada then
>> following the rules in the link above will cover your bases, but I
>> would still recommend speaking to a Canadian lawyer who specializes in
>> taxes and incorporation. I do know of a few that I can introduce the
>> board to if they want to seriously consider this route. IMO it
>> wouldn't be worth it - though I don't have complete information on the
>> financial benefits of doing so vs. using a European country.
> 


-- 
Sophie Gautier so...@libreoffice.org
GSM: +33683901545
IRC: sophi
Foundation coordinator
The Document Foundation

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