Hi Holger, leader@ and debconf*- teams, For your interest, the bylaws that we intend to discuss this evening have been drafted there: http://wiki.debconf.org/wiki/DebConf13/Bylaws Le 08.05.2012 19:22, Holger Levsen a écrit : > On Montag, 7. Mai 2012, Gaudenz Steinlin wrote: > >> As far as I know the legal situation in Switzerland is quite unique as >> the most common form of non profit association (german "Verein") is very >> easy to set up. There is basically no bureaucracy involved (at least not >> dealing with authorities). No registration is necessary and we don't >> need any kind of acceptance by the authorities. > > Wow. And there is also no extra paperwork ever after? No. The only imposed administrativia is "one General Meeting per year", the rest is up to the association's bylaws. (For those interested, the full list of articles of swiss law governing associations can be found in the Swiss Civil Code, articles 60 to 79: http://www.admin.ch/ch/e/rs/210/indexni2.html#id-ni2-ni6-ni8 ) >> This kind of association >> is ubiquitous in Switzerland. Most larger events I know of (mostly from >> Scouting) created their own association to separate the legal >> responsibility from their "mother" organization and to minimize the legal >> risks for the organizers and for the mother organization. > > So, how is the legal responsibility if this "Verein" f*cks up? Ie, how does it > minimize the risks for the organizers if they are members? Provided that the bylaws of the association say so and provided that the people didn't act badly, then the liability of the association is limited to its assets. (see http://wiki.debconf.org/wiki/DebConf13/Bylaws#Resources_and_finances e.g.) >> * No majority for the Debconf orgateam inside debian.ch (to have >> a do-ocracy where those that do the work have the power to decide) > > I dont think you need a majority in the legal association at all: the board > just needs to decide once "we (legally) do debconf13 and the details of doing > it are up to $debconf13-team". I don't think boards have to micromanage > everything. I wouldn't say it's a matter of micro-management, rather a matter of matching legal responsibilities with the people in charge. Having a board that says "we do DebConf13.ch" doesn't take the responsibility away from the "General Meeting" of members that can revoke board members and that are the supreme governing body of the association. In my view, this is probably the most important argument in favour of a new association: the LocalTeam (Core) members become the governing body of the DebConf13.ch association and collectively take responsibility for it. That's applying do-ocracy to the organisation of DebConf: the people who do the work are the ones having the final word. >> * Not >> really possible to have Debconf global team members as members of >> debian.ch. At least we would have to stretch the membership rules for >> this. > > why do you want global team members to be members? For me it's the same reason as above: the people who do the work are the ones having the final word. >> For companies donations most probably can >> just be seen as normal expenses > > so for (also) Germany based companies it will still be better to donate via > ffis e.V., where company donations are tax-deductable. This makes me think that maybe we should contact friendly foundations with legal residence in Switzerland that permit tax-deduction, such as FSFE (see https://fsfe.org/donate/donate.en.html ). Cheers, OdyX
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