[Community-Discuss] Closed members and recovered resources
sfolayan at gmail.com
Wed Jun 28 09:49:11 UTC 2017
Dear Mr Alston,
On 27/06/2017 00:31, Andrew Alston wrote:
> Hi Sunday,
> Ok – now we have a problem – let me quote what you said:
> "This */_report_/*is intended solely for the information and use of
> the audit
> committee and is not intended to be and should not be used by anyone
> other than these specified parties."
> Now, let me quote from the bylaws:
> 7.6 The Registered Members and Resource Members shall, at Annual
> General Members' Meetings or by way of written resolutions, in
> addition to the rights conferred by Articles 7.1 and 7.2, have the
> right to:
> (ii) receive */_any auditor's report_/*;
> So – what we have is something that SPECIFICALLY calls itself a report
> – and is from the auditors.
> Then – we have a clause in the bylaws that says **ANY** auditors
> report – NOT the financial audit report – not annual report - **ANY
> AUDITORS REPORT**
> As such – by my reading of this – the board is now in violation of the
> bylaws – clearly – and without apology – in violation of that clause.
> Are you SURE this is the stance that the AfriNIC board wants to take?
I would like to remind everybody that an “auditor’s report” is a specific type of report, and “any auditor’s report” means any instance of an auditor’s report. It does not mean ”any report that originates from an auditor”.
AFRINIC has published any and all auditor’s reports.
AFRINIC’s auditors and AFRINIC’s legal counsel have confirmed that the management letter is not an auditor’s report, neither is it part of an auditor’s report, and it is a confidential document.
Some people have implied that there might be something bad in the management letter. There are suggestions of things that AFRINIC could do better, but if there was anything bad, then it would appear in the auditor’s report, which has been published.
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