Procedures regarding AGM 2010
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1. Non-Physical AGM
We met on 2010-05-20 through IRC on irc.debian.org in #debian-ch at
20:00 CEST as it was not possible to arrange a physical meeting.
In principle, an AGM must be conducted in a face to face meeting,
however, it is possible to do a non-physical meeting.
Provided that:
* The rights of each member, namely the right to speak, request, vote
and elect, are not affected.
* The bylaws do not specifically exclude a non-physical AGM.
* All members agree to hold the AGM non-physically.
* All ordinary requirements of a proper AGM are hold up to.
Given that:
* IRC allows everyone to express his/her member rights freely.
* Our bylaws as of 2010-05-20 do not exclude non-physical AGMs.
* The following people were members during AGM 2009 at 2009-12-10
when the non-physical AGM for 2010 was proposed:
- Martin F. Krafft
- Daniel Baumann
- Adrian von Bidder
- Giacomo A. Catenazzi
- Luca Capello
- Axel Beckert
- Gaudenz Steinlin
Martin, Daniel, Luca, Axel and Gaudenz agreed directly, Adrian and
Giacomo were absent and agreed indirecty. Unless someone challenges
the indirect consent of Adrian and/or Giacomo as they expressed by
IRC or unsigned email, I account the for agreeing.
In addition, the following people were members by 2010-05-10 when
the meeting was held:
- Gürkan Sengün
- Didier Raboud
- Penny Leach
Unless someone challenges their indirect consent which they
expressed by IRC or unsigned email, I account them for agreeing.
* All other requirements, namely regarding announcing the agenda
properly, were met.
Therefore:
The meeting on IRC hereby constitutes as the AGM 2010.
2. Decission Making
In principle, decisions made during an AGM are only legally binding if
the AGM was held physically in a face to face meeting. Since the AGM
2010 was not held physically, no legally binding decision could be made.
Therefore, and as announced during the AGM itself, a specific motion
outside of the AGM needs to be conducted.
3. Motion
In principle, no votes by the member body conducted outside of the AGM,
regardless its form, have any legal binding to the association.
However, a motion can still be passed.
Provided that:
* The motion is conducted in written form.
* All members vote uniformly for it.
Therefore:
A motion with the content of the AGM 2010 can be proposed.
4. Form of the Motion
In principle, only a paper copy of the motion sent to each member and
send back to the association with handwritten signature is valid.
However, in principle, the digital signature is equal to a handwritten
signature and therefore, a motion can be passed digitally.
Provided that:
* The federal regulations on digital signatures are hold up to.
Given that:
* The bylaws equates, in concordance with federal regulations, a valid
digital signature to a handwritten signature, if the requirements
for a digital signature as postulated by the Debian Project for
Debian Developers are met.
Therefore:
The motion can be conducted digitally and passed or declined with
digital signatures of their members.
5. Course of Action
The protocol of the AGM 2010 will be sent today by explicit copy to
every member as of 2010-05-20.
Every member as of 2010-05-20 shall sign the protocol in full quote with
his/her digital signature and send back to the actuary.
The actuary will wait for all answers, check each signature and report
back to the association if the motion is passed or not.
If the motion is passed, the respective decisions become legally binding
and e.g. the bylaws can be updated to reflect that. If the motion is not
passed, everything stays the same as it was as of AGM 2009.
The specifics, such as deadlines, addresses etc. is contained in the
protocol send to the respective members.
- --
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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