My interpretation (as a non-Mauritian lawyer) that the court was simply upholding AfriNIC’s conferral of membership on resource members in the bylaws.
It was not inferring or conferring anything as I read it. > On 30 May 2019, at 13:09, Andrew Alston <[email protected]> > wrote: > > Mike, > > As a matter of interest – when the court ruled in the last case – saying that > quorum was made up of members of X number, irrespective of them being > registered, resource or otherwise. Do you from a legal perspective believe > that ruling could be used to claim that the court has inferred status on > other members, or is that not the case? I’m curious to know the answer from > a legal perspective. > > Andrew > > > From: Mike Silber <[email protected]> > Sent: Thursday, 30 May 2019 13:16 > To: S. Moonesamy <[email protected]> > Cc: [email protected] > Subject: Re: [Community-Discuss] Gratitude (off-topic) > > Hi SM > > > On 30 May 2019, at 11:39, S. Moonesamy <[email protected] > > <mailto:[email protected]>> wrote: > > > > > I was reminded [1] of AFPUB-2018-GEN-001-DRAFT02 when I read the above. > > > > I spent some time in December 2018 discussing about the legal aspects as it > > was difficult to understand the difference(s) mentioned above. In my > > opinion, there would be a compliance issue as Article 11.1 of the > > Constitution is applicable for an AGMM. > > > As you well know, the Members include Registered Members, Resource Members > and Associate Members, however only the Registered Members (i.e. the > Directors) have any authority under the Mauritian Companies Act and the > Resource Members and Associate Members have no legal standing under that Act. > > Regards > > Mike > > > _______________________________________________ > Community-Discuss mailing list > [email protected] <mailto:[email protected]> > https://lists.afrinic.net/mailman/listinfo/community-discuss > <https://lists.afrinic.net/mailman/listinfo/community-discuss>
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