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#18
Originally Posted by shawnjefferson View Post
Well, that's not as bad as it sounded at first then... As soon as Woody receives the check, things are pretty much back on track as far as the money goes!
I hope so. It appears that banks generally have a problem with granting random international access to their accounts because of identification/validation issues, no matter where the foundation is based. It's hard to find an office manager that would open such account and show responsible if things would go terribly wrong for them for whatever reason. I hope we can fix this soon, for now Woody is our treasurer in effect.

While I still think an eV generally is a good way to go, let me try to smooth out some doubts. KDE and their articles of association is a good example for a somewhat similar association and they are a german eV. I didn't investigate in their history and there are substantial differencies though, like they have tax-exemption and no voting rights for extraordinary members (community). But they show the longterm approach that any board in such an associacion has: "The members of the board are elected by the KDE e.V. general assembly (in our case: council) for a maximum term of three years". Here, extraordinary members have no voting rights at all, but can apply for regular member status; instead of limiting general assembly/council, they are gathering active members.

So if we want to continue this road towards EU, where our server-HW is based and the money actually needs to be accessible, what we'd need for board is at least 3 EU residents who are willing to take the burden of showing responsible and doing all the paperwork for quite some time. Still, the General Assembly (council) is the highest decision making organ of the Association and is generally in charge of all duties, unless these Articles of Association have assigned specific duties to another organ of the Association.

For the requirements, we would then need 4 more people (7 is minimum) to actually fund and inaugurate the eV with its board; preferrably, but not limited to EU residents (each of them has to sign the inaugurational docs, board as representatives by notarization). These 4 additional funders could be extraordinary members as well as council.
So I reworked the drafted articles of incorporation and introduced a few things to fit our desires:
  • § 2 Purpose of the association - (please do elaborate!)
  • § 3 Self-abandonment - discarded tax-exemption (as mentioned earlier)
  • § 4 Membership - introduced council as general meeting and set community as extraordinary members with rights to only vote council as their representitives once per year, introduced honorary membership - they may get voting rights for general meeting and/or act as conciliation committee (as 4th body, up for discussion!)
  • § 5 Fees - raised to >=100€/year for promoter status
  • § 6 Institutions of the association - introduced 3rd body: extraordinary member meeting (to vote general member meeting/council) once per year
  • § 7 Board of directors - some minor tweaks, elections still once/year
  • § 9 Extraordinary member meeting - introduced regulations
If we agree to fund this eV, I suggest to drop the US foundation, as keeping it would simply mean double work incl. accountancy, taxes, meetings, elections...

BTW, as we can't get hold of the major part of email conversation from previous board secretary (thanks again SD69), it seems that we will have to start all over with Nokia regulations again.

DISCLAIMER: I'll be a happy funder if we decide to take this step, but will not be available for any position in such new board of directors.

Sorry for the wall of text, if anything appears unclear to you, please holler. Anyway, nothing is set in stone, rather I ask for your input and discussion.

Again, here's the draft for the articles of incorporation still in need of your input and english translation at the end of the doc: https://etherpad.mozilla.org/AMabik4zeD
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Last edited by Win7Mac; 2013-09-09 at 17:39.
 

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