Re: [apnic-talk] Re: comments on legal documents
Jeff,
>> APNIC is the membership, that is, each individual member, and as such has
>> no legal standing as an independent body outside of the APNIC corporation
>> (or so I am led to understand), thus APNIC itself can make no contracts.
>> That's the whole reason APNIC was incorporated in the first place.
> Excuse me David, but wouldn't this depend under both Japanese and
Australian
>law depend directly on the amount of standing that a specific member would
have?
Not sure if I parsed your sentence correctly, but no. Specific members
have whatever legal standing they have in their country. However the
aggregate entity composed of all those members (APNIC) has no legal
standing outside of the context of the corporation created to conduct
APNIC's legal business (APNIC Ltd in the Seychelles and APNIC Pty Ltd in
Australia).
>> That is, in fact, what the Trust Statement does.
> How is this determined? Is this determined by the holding of shares by
>the membership? Can that member direct his/her shares to a different
>trustee?
I thought in other mail you said you had reviewed the apnic-talk archives?
To reiterate, there is exactly one share. It is held in trust by the
Director General for the APNIC Executive Council so your question is
irrelevant.
>> "1. The Trustee [David Conrad] acknowledges and declares that the Trust
...
>> My translation (standard not-a-lawyer disclaimers apply):
> Good thing David. I don't think that this is legal.
I suspect the lawyers who drew up the Trust Statement, Freehill,
Hollingdale, and Page (one of the larger firms in Australia) would be a bit
surprised to hear that their work was not legal.
>SO therefore the amount of standing of each member
>is directly correspondent to the number of shares that Member holds. Is this
>essentially correct?
No. As mentioned above, there is exactly one share. Please see the
By-Laws for the standing of members.
Regards,
-drc
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