RE: I-D ACTION:draft-lyons-proposed-changes-statement-01.txt

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|> -----Original Message-----
|> From: ietf-bounces@xxxxxxxx [mailto:ietf-bounces@xxxxxxxx]
|> On Behalf Of Patrice Lyons
|> Sent: Wednesday, November 03, 2004 2:34 AM
|> To: Brian E Carpenter
|> Cc: ietf@xxxxxxxx
|> Subject: Re: I-D ACTION:draft-lyons-proposed-changes-statement-01.txt
|>
|> Brian,
|>
|> While this shouldn't be viewed as legal advice on the issue,
|> it is my understanding that, in general, members of an
|> unincorporated association (and participants in IETF
|> activities may be viewed as "members") will have personal
|> liability for the authorized debts and actions of the association.
|> In Virginia, state statutes permit an unincorporated
|> association to become a "limited liability company" by
|> filing articles of organization, maintaining a registered
|> agent in the State, paying certain fees, and meeting certain
|> other requirements.  If it were to do so, IETF could limit
|> the usual personal liability of its members.  But in the
|> absence of some such liability-limiting legal structure, the
|> general personal liability principles would apply.
|>
|> Regards,
|>
|> Patrice

When I last researched this type of issue in Australia, members of an
unincorporated association could be held liable only to an amount equal to
any memberships or fees they contribute to the association.  It was possible
for association officials to be held personally liable for higher amounts
but I don't remember the exact criteria.  Very low risk issues.  The
situation may be different in other countries but I doubt if the issue of
personal liability would be a barrier for the IETF.

Darryl (Dassa) Lynch



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