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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
Gesetz zur Regelung des öffentlichen Vereinsrechts (Vereinsgesetz)
as example see FSFE constitutionMinimum 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
![/!\](/moin_static199/cacert/img/alert.png "/!\"){kind=small}
Edit conflict - other version:
Audit ?
no
recommendation: yes, but can be internal audit, pro-bono basis or voluntary
Annual Responsibilities ?
AGM + final report
GM + final report, not neccessary every year
Physical presence ?
Public Officer in NSW
one person in Germany that is allowed to receive mail, similar to PO
Edit conflict - your version:
Audit ?
no
recommendation: yes, but can be internal audit, pro bono basis or voluntary
Annual Responsibilities ?
AGM + final report
GM + final report, not necessary every year
Physical presence ?
Public Officer in NSW
one person in Germany that is allowed to receive mail, similar to PO
End of edit conflict
Strengths
up & going, cheap
Weaknesses
requires 3 AU directors, AU lacks people
Juris Privacy/Security
DPA under EU regulation, BDSG, data security officer
Edit conflict - other version:
x1) yes with no restrictions by default, except persons that act against country's Constitution (veto process)
x2) link through Privacy Policy
Edit conflict - your version:
x1) yes with no restrictions by default, except persons that act against country's Constitution (veto process)
x2) link through Privacy Policy
End of edit conflict
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
---- /!\ '''Edit conflict - other version:''' ---- 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? ---- /!\ '''Edit conflict - your version:''' ---- Policies, 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? ---- /!\ '''End of edit conflict''' ---- - 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 transferred to another organisation.
{-} - CPS Status: DRAFT p20091108
YYYYMMDD-YourName
Text / Your Statements, thoughts and e-mail snippets, Please