Anno domini 2020 Sat, 25 Apr 03:01:11 +0200 Slávek Banko scripsit: > On Friday 24 of April 2020 20:03:50 Dr. Nikolaus Klepp wrote: > > This is a combined reply to Slavek, David and Michael :) > > > > None of these "for free" or "for little fee" platform/companies will > > make [TDE-ORG] a legal entity. It's quite the contary: Now Tim is the > > legal burdon-carrier. The moment TDE leaves his nest, it's on it's own. > > In the worst case this is a fork - with possible the consequence of > > loosing TDE as a trademark and name. Having mentioned trademark: in > > Austria trademarks are quite cheep, I remember I payed € 250.- for 10 > > years, but trademarks are given to legal entities, not projects. > > > > The moment [TDE-ORG] takes money, it needs to be a legal entity. Again, > > now it's Tim. If [TDE-ORG] wants to move away from busfactor=1 to e.g. > > busfactor=6, then 6 people will need to form a legal entity. Where that > > entity is located is essential in almost any sense: copyright, legal > > satatus, tax, domain, ... > > > > I strongly suggest that everybody tries to figure out his/her countries > > legal situation concerning NGOs/association and the like. EU is not that > > unified as it might appear. There is a list of must-haves: > > > > - VAT exemption, aka 0% VAT rate. > > - no tax requirement if income (in minus out) is lower € XXX (which > > happens to be ~ 5500.- in Austria) - simple bookkeeping requirements > > (in, out) > > - who is allowed to be board member (Austria: everybody AFAIK) > > > > ANd stay away from US legislation :) > > > > Nik > > > > Hi Nik, all, > > I dare to disagree with a number of opinions. > > Tim founded the project, Tim was its leader, Tim agreed to hand over the > role of project leader. As far as I know, there is no registered trademark > for which Tim would be its holder. Therefore, I believe that there is no > reason to claim that only Tim is the legal holder for project. Tim, as an > ordinary natural person, handed over the role of project leader, so I > don't find a reason to call it a fork. > > Similar to your opinion that only Tim is legal to accept donations. Tim is > only a natural person and so far he accepts donations as a natural person > on some of his account. He is not an organization. He is the founder of > the project. A project for which other natural persons have taken > responsibility for its continuation. > > I do not agree that the only way for a TDE project to accept donations and > manage funds is to create our own organization. Obviously, there are at > least two possible variants: > > 1. Create our own organization and take responsibility for all legal > matters relating to the status of the organization. > > 2. Leave the project as a team and use a fiscal host. This is the same > principle as projects associated with organizations such as the Freedom > Software Conservancy, the Apache Foundation, the Linux Foundation and also > Open Collective. > > As I see in the comments from others involved in the discussion, for the > creation of our own organization, some claim that it is quite simple, > others claim that there are many problem points - the choice of continent, > country, state, legislation,... so a lot of problems. Do you really want > to deal with that? In addition, do you really want to deal with the fact > that it will then be necessary to monitor changes in the legislation of a > selected country so that the organization does not neglect any new > regulations of the law? Who would want to do that? > > Because it is important for us to work on a project and not to deal with > legal matters, bookkeeping, and so on, the option with a fiscal host seems > to me to be definitely more advantageous. > > Cheers If you stay under US law, "legal hosts" may be a way to go. If you don't, this concept does not exist. Nik -- Please do not email me anything that you are not comfortable also sharing with the NSA, CIA ... --------------------------------------------------------------------- To unsubscribe, e-mail: trinity-users-unsubscribe@xxxxxxxxxxxxxxxxxxxxxxxxxx For additional commands, e-mail: trinity-users-help@xxxxxxxxxxxxxxxxxxxxxxxxxx Read list messages on the web archive: http://trinity-users.pearsoncomputing.net/ Please remember not to top-post: http://trinity.pearsoncomputing.net/mailing_lists/#top-posting
