My one comment and it is a major one is this is ALL USA stuff.

While are we looking at USA laws?

As I have said before I would rather no legal entity then one based on USA laws.

Also when you say things like 'tax exemption(s)' you mean for USA tax payers.

Thank god I am not and never will be one.

Last time I checked this is a world wide movement that happened to start in USA.

This may sound like a rant because it kinda is.

If other non North American people can speak up it will be great,
otherwise I will just fade back as a lurker on this pet peeve of mine.

Steven Heath

PS I lived for 9 years in Canada, married a Canadian and both my kids
were born in Canada so I do have some perspective and 'experience' of
the Norther American vs 'the rest' views.



On 23 February 2010 17:47, rachel young <rac...@camaraderie.ca> wrote:
>
> Hi all,
>
> On 16 February 2010 13:40, rachel young <rac...@camaraderie.ca> wrote:
>>
>> I am volunteering to look into what an international co-op or association
>> could be, and I'll report back pros and cons to the group in a few days. (or
>> maybe by Mon, given what my weekend already looks like)
>> r.
>>
>
> If you don't want to read all of this info, please scroll to the end to find
> a link to a very simple survey.
>
> There has been both support in favour of and warnings against forming some
> sort of organisation. So, as promised, here is a high level comparison of
> the different types of formal organisations we could form - this info is not
> to sway your opinion for or against such an organisation, but merely to help
> inform you of some options. Since there is money involved (now with the
> acquisition of coworking.com, and potentially in future for conferences or
> even other currently unknown opportunities similar to the domain
> acquisition) I do recommend that if we decide we want some sort of
> organisation then it should be a formal legal entity. In keeping with the
> wish that this not be to any one person's benefit, the only two real options
> would be a co-op or a non-profit.
>
> Co-operative
> A co-op is an autonomous association of persons (or companies with one
> representative) united voluntarily to meet their common economic, social,
> and cultural needs and aspirations through a jointly-owned and
> democratically-controlled enterprise which is incorporated.
>
> PROS
>
> one share, one vote
> all members are owners, all members share in the profits through dividends
>
> CONS
>
> a fair amount of red tape for the initial set up and distribution of
> dividends
> all members essentially run the company, unless staff are hired (many of us
> run our own company in addition to running the business of our coworking
> spaces, so this would be a third company)
> it is grammatically correct to include a hyphen in "co-op" or "co-operative"
> and aesthetically that would look weird with "coworking"  (this is not a
> real point either way, just inserting some rib-jabbing levity in between
> corporate mumbo jumbo)
>
> Non-profit Corporation
> Forming a nonprofit corporation is much like creating a regular corporation,
> except that nonprofits have to take the extra steps of applying for
> tax-exempt status. Also called a 501(c)(3) in the USA.
>
> PROS
>
> tax exemption(s)
> greater qualification for grants
> business activities cannot result in personal benefit for any director,
> officer, or member, which helps in keeping this community as great as it is
>
> CONS
>
> cannot participate in political lobbying (influencing legislation) as a
> substantial part of its total activities (if ever we want to band together
> to show support in affecting legislation in any country)
> there may be some restrictions on the use of assets to purposes justifying
> tax exemption
>
> Does anyone know of another form of legal organisational entity that would
> be a possible fit for our community?
>
> Basically, from what I could find, it would take forming an organisation in
> one country and then crafting the bylaws to include international members.
>
> All forms would essentially be governance, meaning that there would be one
> body to make decisions for the betterment of all members or interested
> parties, whether that body is composed of one representative from each
> coworking space for a co-op or a smaller board of representatives for a
> non-profit organisation. Either way, the structure would include variations
> of these steps:
>
> Choose a Business Name
> Prepare and File Articles of Incorporation
> Apply for Applicable Tax Exemption(s)
> Draft Corporate Bylaws
> Appoint Directors
> Hold a Directors' Meeting (attendees can be virtual in most cases)
> Obtain Applicable Licenses and Permits
>
> Survey
> And with that, I think it is time for a straightforward survey on
> international governance. It's time to collect brief answers to decide if we
> move forward, and then if yes then how to move forward. The survey is
> anonymous, but please decide amongst yourselves in your coworking space and
> answer as one collective body for your space. This is the only way I can see
> it being fair so that multiple people from one space don't stack the votes
> for their own benefit, but is completely replying on the honour system.
> Survey results will be public but I'll also summarise them in a week or so.
>
> Here's hoping this is helpful.
> r.
>
>
>
>
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-- 
Steven Heath
Director, Foxbane Consulting
Founder, AltSpace
Cell: +64 21 706-067
www.foxbane.co.nz
Level 22
Plimmer Towers
2 Gilmer Terrace
Wellington

AltSpace.co.nz - Shared office space in Wellington for home based
workers, freelancers, or nimble companies

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