[apnic-talk] Re:[JPNIC ip-wg 4977] Re: comments on legal documents
Obata-san,
Additinal comments from APNIC's legal counsel:
>Is it possible to change the name for the latter to something like
>AP-NIC to avoid confusion?
According to Freehills:
"The wording that has been used is, as requested, the same type of wording
used in the documents for the Seychelles company and Seychelles APNIC. It
is interesting that it has taken this long for these concerns about the
similarities in terms to arise. We assume that is probably because the
APNIC members have not had the opportunity or interest in reading all of
the relevant documents together at the same time. After this initial
period of consultation, the APNIC members may only be directly effect by
and interested in the Membership Agreement and By-laws. Therefore, there
may be a decreased likelihood of these confusions in terminology occuring
again.
Please let us know if you wish to alter the terms used in any of the
documents. However, if you wish to change any terms in the Articles or
Memorandum of Association, please note that:
- this will require appropriate resolutions by you as the sharehold and
lodgement of forms with the Australian Securities Commission;
- if you intend to alter the terminology regarding members (eg change
"members" to "shareholders" in the Memorandum and Articles) this may cause
another type of confusion later. That is, under the Australian
Corporations Law shareholders are referred to as members. For this reasons
"members" is normally used in an Australian company's Articles and
Memorandum of Association; and
- as suggested the Memorandum and Articles could be amended to refer to
APNIC Pty Ltd as APL. However, this may only have a limited benefit, because:
* you would have to carry out the administrative burden of the necessary
resolutions and ASC notices; and
* in any event internal references within the Memorandum and Articles to
APNIC Pty Ltd are as "Company" which may already distinguish it from APNIC."
Regards,
-drc
* APNIC-TALK: General APNIC Discussion List *
* To unsubscribe: send "unsubscribe" to apnic-talk-request at apnic dot net *