I am afraid this is meaningless unless this is insurred and warranted by a
third party and the money in escrow, what a Bank is for. I am even afraid
this is illegal wording in the way you intend it. Whatever the
irrevocability ISOC may sign, ISOC is bound by legal and tax priority
obligations. In all this, have the tax and insurance obligations, in
international field, for both ISOC BoD and IETF interested people, have
been considered?
What you ask the ISOC to be is to be the IETF's Bank.
At 10:38 03/12/2004, Brian E Carpenter wrote:
avri(_at_)psg(_dot_)com wrote:
In thinking about this, I think about the fungibility of funds.
By having a common account, cash flow issues that might be an issue at
various points of the year can be dealt with more easily. For example if
funds are earmarked for meeting fees, but collections have not come in
time for the year's first meeting, it is simpler to deal with when the
funds come from a common account.
In other words this is money lending business. How do you see the
profit/loss shared, reported and taxed?
Are payments accepted in different currencies? This currency exchange
business. On a permanent basis.
On the other hand, transparency requires the ability to inspect the
accounts that are pertinent to the IETF, its budget vs it projected
expenditure vs its actual expenditures. This can, I believe, be
adequately handled by so-called 'divisional accounting'.
This means that IETF is a Division of ISOC and ISOC is legally responsible
for the consequences of the deeds of the IETF.
May I recall that IETF has no legal/tax representative but that ISOC has
local incoporated chapters. Who is going to pay for their legal defense in
the case someone sues one them as the local representative of their parent
organization division?
As a local ISOC Member, I want a wording telling Judges that in no way,
local ISOC Chapters can be taken as responsible for the consequences of the
Internet documents publised by the ISOC IETF division. This will have
probably no legal impact in case of an action against them as a local ISOC
representative, but it will permit the ISOC chapters to be reimbursed by
ISOC if they have been judged partly accountable for the result of using
the ISOC's IETF department deliveries and of their public information.
jfc
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