At 10:14 14-01-2009, David Conrad wrote:
Is AfriNIC a non-profit according to the laws of Mauritius? According
to its by-laws:
"3.1 The Company shall be a private company limited by guarantee."
It's incorporated as a company. "limited" is the equivalent of a LLC.
Quite the contrary. I'm saying that unlike in the US, the legal
definition of 'non-profit' varies from one legal jurisdiction to
another and that this policy would place a non-trivial burden of
determining whether a requester (or member?) is a 'non-profit' on a
small staff with limited resources (which this policy would
exacerbate) who (I assume) have limited knowledge of the legal
definition of 'non-profit' in the various legal venues in their
service area. Given there is no agreed upon legal definition of
"non- profit", this policy would create vast grey area that AfriNIC staff
would need to wade through and make subjective judgement calls. Seems
like a bad idea to me.
AfriNIC comprises several countries; some of them have legal
frameworks similar to European countries with changes to take into
account the local environment. Their concept of non-profit may be
different from the US IRS 501(c)(3).
If members want such a policy, then the requirements to qualify as
"non-profit" have to be clearly defined.
Regards,
-sm
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