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Re: [Debconf-team] DebConf 15 Legal Entity



Hi Martin,

I just have some minor comments:

Art. 2:
*  oder anderer "Produkte": I wouldn't use the word 'product' in the
context of Debian. This feels too commercial, and we want to become
tax-exempt, right? Maybe use "Projekt" again?

Art. 6c 3) requires a 50% quorum for dissolution of the association.
This is problematic, as usually members no longer care if the event is
over and you might have a problem reaching the quorum.
I'd suggest to change it in something like this:
Satzungsänderungen oder die Auflösung des Vereins kann nur beschlossen
werden, wenn dies in der Einladung angekündigt wurde. Beschlüsse dazu
benötigen eine Dreiviertelmehrheit der anwesenden Mitglieder.

Art 7c: Also allow changing of bylaws if needed for tax
exemption:...Gerichts-, Finanzbehörden oder zum Erlangen der
Steuerbefreiung verlangt werden...

Art 9 3) Not needed IMO, that's up to the court to decide. I don't
think you should voluntarily give it up.

Regards,
Philipp


On Tue, Apr 22, 2014 at 9:40 PM, martin f krafft <madduck@debconf.org> wrote:
> also sprach Margarita Manterola <margamanterola@gmail.com> [2014-04-13 22:10 +0200]:
>> A draft of the current foundational document of the association
>> ("bylaws") is in git (debconf-data/dc15/verein/Vereinssatzung.tex)
>> [in German :-/, since it's required for a German legal entity]. If
>> you understand German and German law, you are welcome to review it
>> and raise any concerns that you might have.
>
> Following Marga's call, there've been a lot of helpful suggestions.
> We've tried to incorporate all concerns, especially those raised by
> Andi, and had several additional pairs of eyes reading this over.
> There's a latexdiff attached…
>
> After today's meeting with the lawyer (Dr. Michael Stehmann, who is
> doing this for us for free! Thanks!), I've made a last couple of
> touch-ups and the attached PDF is pretty much ready to go for
> pre-checks with the financial authorities. Not sure we'll get any
> feedback in time for the meeting Heidelberg, but it's worth a try,
> and sending it to them at this stage means expedited handling later.
>
> Comments still welcome, of course. Nothing's set in stone yet.
>
> And yes, it's in German; sorry about that. But you all know how
> a non-profit association works, so if you need us to clarify
> anything (e.g. "how is the board elected?"), please ask. We've
> applied common sense and made our assumptions in accordance with
> Debian spirits, and we've had people with experience and a lawyer
> make sure this squares with German law, so we're pretty confident
> that the result is workable.
>
> --
>  .''`.   martin f. krafft <madduck@debconf.org>
> : :'  :  DebConf orga team
> `. `'`
>   `-  DebConf14: Portland, OR, USA: http://debconf14.debconf.org
>       DebConf15: Heidelberg, Germany

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