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[Debconf-team] Creating a debconf13 association



Hi

Last Thursday we had a meeting where we discussed the legal structure
for the DebConf13 organization. 

Why do we need a legal body (only main reasons):
* To not be individually liable with our private assets for the whole
  DebConf orgateam.
* To be able to sign contracts for DebConf 13 (and not only as
  individuals).
* Most companies won't donate to individuals.

Creating a new association (Verein) under swiss law is very easy. It
just needs a minimum of 3 persons to get together and agree on the
bylaws of the association. The bylaws have to exist in written form, but
the association does not need to register itself with the authorities in
any way. We discussed the option to use the debian.ch association for
DC13 and the option to create a new association. You can find the
detailed arguments either way at the end of this mail. We decided to
propose the following:

* Create a new association only for DC13 organization
* Have the localteam regulars as members
* Have some members of the global team as members as well if you'd like
  to be able to influence the association. This could be the Debconf
  Comitee.
* Have short bylaws that regulate what's absolutely necessary, but keep
  the association flexible. Most power will go to the board 3-4
  personens (take new members, sign contracts, ...) for easy decision
  making.

If there is no strong opposition to this plan from either the debconf
team or localteam member who were not present at the meeting we would
like to create the association at the next localteam meeting next
Thursday 10/05. The whole thing is semi-urgent because we can't sign any
contracts or accept donations until this is decided and we'd like to
secure the venue and start accepting local donations.

Any comments?

Best,
Gaudenz

Detailed arguments:

Organizing under the debian.ch association:
- non involved people are member of the association and can decide about 
  the conference organization.  The law grants the debian.ch members the
  right (as a whole) to decide on whatever DC13.ch does under the
  debian.ch umbrella. And it seems DC13.ch-involved members aren't a
  majority in debian.ch => "might be a" problem
+ no new bylaws needed, despite needing to adapt the current bylaws
+ tax exempt status might be possible (not sure yet) but probably needs
  changes to the bylaws.

Creating a new  association:
+ only the orgateam is member of the association, currently I'd suggest:
  cate, gismo, OdyX, philipp, Raphael, kevin, Michael, Michele and
  perhaps 2-3 global team member (the debconf comitee?)
+ bylaws can be taylored to the purpose of organizing the conf
= small board that is able to decide most things to be flexible and able
  to react fast (take new members, sign contracts, ...)
- probably no tax exempt status for dc13.ch, affects tax deductability
  of donations (only for private persons, for companies smaller problem)


-- 
Ever tried. Ever failed. No matter.
Try again. Fail again. Fail better.
~ Samuel Beckett ~

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