Wow.... after all that feedback I'm honestly trying to pick where to
start on this one. I'm seeing some confusion here between legal aspects
and the socio-political.
Molly, I'm not implying that there's no legal protection in Malaysia.
I'm saying, based on what I know there's less protection than in the
U.S. Malaysia is a constitutional monarchy. All peninsular Malaysian
states except two have hereditary rulers, which, for a company means
that the laws governing corporations can be set along heridetary lines
rather than an independent legal standard. Read: muslim, heridetary
lines. Is OSCHA a religious organization or an independent world-wide
technological organization accessible to everyone regardless of
religious conviction? (Tim, you're not making any sense with your "star
and crescent" comment).
And, what I'm suggesting is that you start with a U.S. incorporation.
Then incorporate elsewhere. What is below is point/counter-point. And,
it's not talking about suitability based on religion, "the people" or
any other facet other than legal.
So, let me boil this down to simple terms:
1. Legal protections: U.S. incorporation means that as a U.S. company,
OSHCA has the same rights as an individual. Intellectual property
rights and agreements are upheld. In other countries, especially ones
with new regimes, this might not be the case. U.S. subsidiaries running
in non-U.S. countries would work just fine and be stabilized by the U.S.
based parent.
2. Repatriation of capital: As OSCHA earns fees, receives donations,
pays taxes, etc... it's much more straightforward in the U.S. I believe.
The tax burden on a non-profit like OSHCA would be minimal or
non-existent.
3. Political stability: In politically less-stable countries (e.g.
Malaysia, Taiwan, Mexico, South Africa, Haiti, etc..) when regimes
change so does the law - you can find your corporation and all its
assets suddenly owned by someone else.
4. Government funding: incorporating in a country because "it looks like
there's government funding" is a bad idea. You need a much harder offer
than that. What are the incentive programs, specifically that the other
government offers? Who, specifically in the government, is offering them?
Richard
Molly Cheah wrote:
> I was born in Malaysia and lived through the period where we obtained
> independance from the British and from whom our legal framework was
> adopted. Just wondering what are the concerns of Richard and David on
> the legal protection for OSHCA. Can you elaborate rather than make a
> comment that imply there isn't legal protection. Incidently we don't
> have the equivalence of Guantanano Bay in Malaysia.
> Molly
> Joseph Dal Molin wrote:
>
>
>>Legal protection in the context of an organization like OSHCA is IMHO
>>not a major concern. What is more important is how the countries laws
>>influence governance.
>>
>>David Forslund wrote:
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>>>I don't understand why this is good or even relevant. What should
>>>matter is the legal protection
>>>provided by the incorporation in the various countries participating,
>>>which I think was Richard's point.
>>>
>>>Dave Forslund
>>>
>>>
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>>Yahoo! Groups Links
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> Yahoo! Groups Links
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