Request 2: I don’t think APNIC has a jurisdiction to go out of the policy document, that is criteria for NIR. That translates into the fact that, EC can only decide based on whether the applicant meets the policy criteria or not. EC cannot decide whether India needs a NIR or not. Hence, lets limit our discussion on whether the policy criteria is met by applicant or not. {For what EC can or cannot do} Roles of the EC In accordance the the APNIC By-Laws, clause number 30, the main functions of the Executive Council are: "c. To exercise all such powers and do all such acts or things as may be required to be exercised or done by the corporation or the directors of the corporation, subject to the provisions of the Memorandum and Articles of Association of the corporation and to such requirements as may be prescribed by a resolution of the directors of the corporation;" {For what EC has if something goes wrong such as APNIC going into insolvency, bankruptcy, not able to pay liabilities, etc} http://www.apnic.net/about-APNIC/organization/structure/apnic-executive-council/EC-roles-and-obligations/ec-handbook Part 3 - Legal Obligations of Executive
Council Members
In view of the serious liability which can attach to a failure to make
a decision on the correct basis and according to the correct process
set out by the By-Laws it has been recommended that all the Directors
of APNIC Pty Ltd and the Executive Council Members of APNIC be advised
of their responsibilities under Australian Law. |