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Re: [board-discuss] CommunityBylaws and "actual structure and governance of The Document Foundation as a legal entity"


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 <Andre.Schnabel@gmx.net> wrote:

From: Andre Schnabel <Andre.Schnabel@gmx.net>
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 <lionel@mamane.lu>


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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