On 08/03/12 05:27, robert bauer wrote:
> 
> 
> On Wed, Mar 7, 2012 at 5:04 PM, David Greaves <[email protected]
> <mailto:[email protected]>> wrote:
> 
>     Recently we've been looking at what we can do to setup some kind of "non 
> profit"
>     structure around Mer.
> 
>     I reported to the Mer Advisory Board on this last friday.
> 
>     In the UK there are numerous options : charities, trusts, companies etc
>     The most appropriate initial setup (minimising regulatory concerns) is an
>     Unincorporated Association. This is not a discrete legal entity and 
> cannot enter
>     into contracts.
> 
>     It has no external constraints (such as regulatory, audits or an 
> accountant),
>     can setup bank accounts and can transform later into a Charitable Trust 
> or the
>     new Charitable Incorporated Organisation (CIO) or other legal entity.
> 
> I can't comment on UK options (I've only looked at US), and my comments can be
> disregarded anyway given my minimal contact with Mer, but it seems a bit
> risky to have money run through an account with no legality.  Have you thought
> about utilizing the services offered by SPI or something similar?  If so, what
> are the issues that led you away from such an option? 

Hmm, a Serial Peripheral Interface.... not sure how that helps? Ah ...
http://www.spi-inc.org/ ... I guess you can tell we're more into the technical
side than the organisational/legal :)

No, I hadn't heard of them - OK, yes, an organisation like that may be very
useful. I'll add it to the investigation list, thanks - that's exactly the sort
of suggestion we need. Also, if anyone knows of a UK or european based
equivalent then please yell.

Actually one thing that was mentioned in my report to the AB and I missed on
this summary is that this "Unincorporated Association" is intended to be a first
step and we had intended to establish a trust of some sort which will have legal
trustees.

12:07:29 in
http://mer.bfst.de/meetings/mer-meeting/2012/mer-meeting.2012-03-02-12.00.log.html

What risks did you have in mind? Is it primarily trust (which is a completely
valid concern and I don't mind discussing/mitigating) or are there other risks
which I may have missed?

On the other side of the risk coin, I am aware that I would be personally liable
for any contracts I enter into on behalf of the Mer project - at this point that
exposure seems fairly low and I plan to manage hosting contracts within a budget
(ie something like I won't get another server unless we have 12 months ongoing
funding either cleared or promised).

Thoughts?

David

-- 
"Don't worry, you'll be fine; I saw it work in a cartoon once..."


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