Hi :)
The key words afaik are "as a legal entity". TDF's assets are currently being
looked after by 1 (or more) of the community organisations that are legally
registered as "legal entity"s. TDF has not yet gained the status of being a
"legal entity". When it does the assets will be transferred. It was great to
hear that the registration process is nearly complete already! I thought it
would take at least a year! :) But perhaps i am reading too much into Andre's
post.
Regards from
Tom :)
--- On Wed, 30/11/11, Andre Schnabel wrote:
> From: Andre Schnabel
> Subject: Re: [board-discuss] CommunityBylaws and "actual structure and
> governance of The Document Foundation as a legal entity"
> To: board-discuss@documentfoundation.org
> Date: Wednesday, 30 November, 2011, 9:23
> Hi Lionel,
>
> Original-Nachricht
> > Von: Lionel Elie Mamane
>
>
> > I'm reading the wiki page CommunityBylaws, and I'm
> confused. It says
> > "These Bylaws do not apply to the actual structure and
> governance of
> > The Document Foundation as a legal entity (...)".
>
> Yes, (unfortunately) the current situation has some
> cunfusing points.
>
> We all hope that this will be resolved within the next few
> (hopefully
> two) weeks.
>
>
> >
> > But then they go on doing exactly that. For example,
> they explain how
> > the Board of Directors is elected, and by whom. The
> board of directors
> > is AFAIK usually the people responsible to the law /
> state / courts
> > that e.g. the money of the foundation is used in
> accordance to the
> > goals of the foundation.
>
> The Bylaws were drafted from a communitie's point of view,
> when we did
> not exactly know, what legal model the foundation will
> follow.
> So while many things in the bylaws match legal terms ans
> structure,
> it is not _exactly_ what we will see in legal statutes.
>
>
> >
> >
> > So to me, it is factual that the Bylaws *do* speak
> about the "actual
> > structure and governance of The Document Foundation as
> a legal
> > entity": they speak about the composition of the BoD,
> and the BoD is
> > part of the structure of the foundation as a legal
> entity, and by law
> > the BoD must be involved in the "governance of the
> foundation as a
> > legal entity".
>
> Yes, at some points, the bylaws match the legal structure,
> BoD is one
> of the perfect (99%) matches.
>
> >
> >
> > Other examples:
> >
> > * The Chairperson (CH) is in charge of
> representing the Foundation.
>
> This is something we need to change, if the foundation will
> be approved
> by German authorities.
>
> As you quoted, in German law the Board (of directors)
> represents the
> Foundation.
>
> regards,
>
> André
>
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