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CAcert Inc. Proposal for an Association Move

July 2011

• CAcert Inc. is currently an incorporated non-profit association registered with New South Wales (NSW), Australia.
• There are some thoughts about moving the Association to another country
• This page collects questions, answers, infos to start with a proposal

• Questions?

  <your question here>

Comparison Summary

• Questions \ Countries	NSW, Australia	Germany
  Association rules	Assoc Act 2009 PDF HTML Frames	Gesetz zur Regelung des öffentlichen Vereinsrechts (Vereinsgesetz) as example see FSFE constitution
  Minimum National Directors ?	3	0, but the president and vice president need to sign before a German notary.
  International Directors ?	yes	yes x1
  International Members ?	yes	yes x1
  Tax status / method ?	application to ATO	if not non-profit-making needs to pay corporate tax
  Audit ?	no	recommendation: yes, but can be internal audit, pro-bono basis or voluntary
  Annual Responsibilities ?	AGM + fin report	GM + fin report, not neccessary every year
  Physical presence ?	Public Officer in NSW	one person in Germany that is allowed to receive post, simalar to PO
  Strengths	up & going, cheap
  Weaknesses	requires 3 AU directors, AU lacks people
  Juris Privacy/Security	Australian Privacy regulations x2	DPA under EU regulation, BDSG, data security officer

• x¹) yes with no restrictions by default, except persons that act against countrys Constitution (veto process)

• x²) link thru Privacy Policy

Inputs & Thoughts

• 20110722-Piers

• The main reason for the move is that the minimum national directors restriction of AU Association rules,
  together with the fact that the majority of members are located within the EU,
  results in an artificial over-representation of AU members on the board.
  It is urgent because we cannot guarantee enough AU members willing to be board members in the near future.

• 20110722-INOPIAE

• Michael S. as German lawyer, who is active for openoffice, offered help by founding a German association.

• 20110807-u60

• Policys, rules, agreements, laws needs to be checked if a move is "allowed" or a rule or policy prevents this:
   - CAcert Community Agreement  (contracts between each Community member and CAcert Inc)
   - other policies ?  eg Security Policy ? (see also Security Manual!), CPS [1], [2]
   - Inc Rules
    - 5, 44 ??
   - AU Association rules ?
   - AU Privacy Act
   - European Privacy Act (was it DPA? see board discussion end of 2009)
   - Association rules of targeted country

• [1] http://www.cacert.org/policy/CertificationPracticeStatement.php

• [2] http://www.cacert.org/policy/CertificationPracticeStatement.php#p5.8

  • The CA cannot be transferrred to another organisation.

  • CPS Status: DRAFT p20091108

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