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Re: debian.ch AGM 2010 on 2010-05-20

On 04/26/2010 05:17 PM, Gaudenz Steinlin wrote:
     The actuary proposes to move the legal seat from Zurich to Bern,
     both for legal and political reasons.

I don't care that much, about the location of the seat. But I don't
understand what you mean by legal and political reasons (ie. what are
those "legal" and "political" reasons in substance)?

the location of the seat has three meanings:

  * in tax law, it defines where you have to pay the taxes. since
    debian.ch doesn't fulfil the requirements to pay taxes, and
    probably never will, we can savely ignore that (at least for the
    time until we would fulfil them, if ever).

  * in process law, it defines where the association has to be sued
    and which courts are responsible.

    i don't think we ever get sued at all, however, for the records -
    there are mainly two thoughts here:

    a) i *personally* would prefere bern courts over those in zurich,
    for non rational reasons (e.g. i'm a tiny bit familiar with bern,
    not at all with zurich). also, this is much more unimportant after
    1.1.2011, when the new civil process order comes into effect
    (currently, there are 26 different civil process orders), so that
    at least the formal parts of being sued is the same everywhere in

    b) the location bern is, from a swiss point of view, more central
    than zurich, especially for the romands.

  * from a politicial point of view, defining a seat means, that it's
    the 'home' of the association. now, for an association that means
    to represent switzerland (and .li), you can't choose any sane
    'default' here. for those that care about such things (i'm not, but
    anyway..), you can never make it right to anyone.

    that's why i think it should be the same as the capital.

  * whatever i forgot to mention goes in here too (e.g. that the bank
    account is located in bern too *kidding*)

for me personal, none of these "reasons" do matter much. but i think the combination of them make it worthwile to change it to bern (changing it at this point only means changing one sentence in the bylaws, doesn't have any other requirements/actions/effects etc.).


Address:        Daniel Baumann, Burgunderstrasse 3, CH-4562 Biberist
Email:          daniel.baumann@panthera-systems.net
Internet:       http://people.panthera-systems.net/~daniel-baumann/

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