[pp.int.general] PPI's Consultation process and principles

[Info]

Hi Reinier

On Sun, Feb 21, 2010 at 9:29 AM, Reinier Bakels <r.bakels at planet.nl> wrote:
>> You are correct in most of what you write so thanks for the effort of
>> explaining on the list, but please note that we are a legal entity
>> since 9th of October, 2009. We are declared as a  'Feitelijke
>> vereniging' (or unincorporated association) under Belgian law and have
>
> It may vary from country to country, but the importance of being a "legal
> entity" should not  be overstimated. E.g. in my country an association can
> be founded without registration - registration is only required to prevent
> the board  members to be individually responsible for expenses. Without
> registration, bankruptcy means private bankruptcy of the board members.
> (Incidentally, in NL one can even found an assciation involuntarily - if one
> is accused of participating in a "criminal association").

The co-presidents and me as a treasurer are indeed personally
responsible, a unincorporated association is defined in the general
conditions of the Triodos bank in section 3.4.9 (FEITELIJKE
VERENIGING):
http://www.triodos.be/be/static/pdf/benl_algemenevoorwaarden.pdf

Google translate gives us:
"FACTUAL ASSOCIATION

3.4.9  The Bank recognizes only as members of an unincorporated
association of persons
          act as representatives and / or agents of the association,
whose identity and signature
          appear on the opening form, the signature card and the
questionnaire "unincorporated
          associations".

3.4.10 The management of the product or service will be completed
according to the
           Questionnaire "unincorporated associations", which one copy
to the Bank handed.

3.4.11 The Bank will only take into account possible changes in the
representation of the
           unincorporated association if they result from an agreement
of all representatives.
           This provision is applicable in any case, irrespective of
the internal distribution of
           decision powers in the unincorporated association.

3.4.12 The members of the association are jointly and severally liable
to of the Bank and all
           interested parties, both actively and passively, to
obligations arising or to arise from the
           existence or use of the product or service.

3.4.13 The members of the association inform the Bank if, for whatever
reason,a representative
           and / or agent is replaced or if it powers are changed. The
names, first names, date of
           birth, address, a copy of both sides of their identity and
powers of the new representatives
           in writing to the Bank communicated."

I assume they base this on legal grounds, feel free to study the
concept in detail:
http://nl.wikipedia.org/wiki/Feitelijke_vereniging
http://www.vsdc.be/NL/index.php
http://vsdc.webatvantage.net//Repository/Downloads/wet2meigecordineerdtot28maart2007.pdf

I think it would be valuable to have your input on the statutes
Taskforce so feel free to drop a e-mail to
statutes-tf at pp-international.net to join and check out the work on
mypirates.net:
http://cg.mypirates.net/ppi_development

We are also discussing having a legal group / taskforce.


-- 
- Nicolas Sahlqvist
  Chief Financial Officer
  Pirate Parties International (PPI)


> Being a registered association may also be useful for tax reasons.
> Recognised public interest associatins may receive tax reductions. But
> presently, PP is not really about money. is it? Or is e.g. the german
> Pirantenpartei a "gemeinnutziger Verein" already?
>
> Some governments only admit registered associations as political parties. In
> NL there is a (far right) party which is an association with only one
> member: the leader. He publlically stated that internal party democracy may
> kill the party because of turmoil. The downbside is that he does not get
> government subsidies because he has not enough members ...
>
> Registering the party name as a brand name is something else. Allegedly
> trademarks can also be registered nowadays outside the realm of trade.
> Commercials firsm should be prevented from hijacking the PP or PPI name.
>
> reinier
>
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