John, I query where queries may actually get answered – and since previous emails to the members list have gone unanswered – here is as good a place as any.
The contingent liability stuff – I actually see sense in this – however – that neglects the second part of my question – regarding section 162 of the companies act – that has nothing to do with contingent liability. Section 162 of the companies act says – “Unable to pay debtors” – with no qualifications – hence – I want to understand 1. If AfriNIC is not bound to section 162 at this point – why not 2. If AfriNIC is indeed bound to section 162 – since they are currently unable to service debt at this point directly – why is there no resolution as required by the companies act in this regard. Section 162 of the act makes no differentiation that I can see about WHY they are unable to service debt – it says – Unable to pay as they fall due – no further qualifications. Hence – if this isn’t applicable – I think this community has every right to know why it isn’t – and if it is – then this community has every right to know that by what that act says – the company should be in administration or in the alternatives the directors – who we elected – could become personally liable. We are a community – this is a bottom up organization – and the community has the right to ask questions – however hard those questions may be to answer and however much answering those questions may be distasteful to the people who have to answer. Andrew From: John Curran <jcur...@arin.net> Sent: Wednesday, August 18, 2021 2:49 PM To: Andrew Alston <andrew.als...@liquidtelecom.com> Cc: General Discussions of AFRINIC <community-discuss@afrinic.net> Subject: Re: [Community-Discuss] FUNDRAISING & DONATIONS - TO KEEP AFRINIC RUNNING On 18 Aug 2021, at 3:17 AM, Andrew Alston via Community-Discuss <community-discuss@afrinic.net<mailto:community-discuss@afrinic.net>> wrote: Not being a lawyer – I would actually like to know the legal position on this – because here is the way I see this. Good Day Andrew – I am somewhat confused, as you acknowledge you not a lawyer – but seek a legal position – and then decide the best way to obtain such an opinion is to post legal speculation to the Community Discuss mailing list? As you are well aware, legal opinions are obtained by retaining counsel, so I am at loss in your actual intentions in this regard. AfriNIC has a contingent liability on their books of $50m dollars right now – and a net worth far below that. As it turns out, you might not need a lawyer after all, since your line of reasoning is predicated upon the incorrect statement above. I also am not a lawyer, but can see from the list of legal cases published on the AFRINIC website that the order in question is a "Provisional Attachment Order" – something that is preliminary in nature and even now remains still to be validated by subsequent actions. Furthermore, validation of such an order would appear to protect availability of funds so that they could be available to pay for an award if such were to ever be issued, i.e. it does not equate with the making of an actual award as you seem to imply in your message. Best wishes, /John John Curran President and CEO American Registry for Internet Numbers
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