[Community-Discuss] Gratitude (off-topic)
silber.mike at gmail.com
Thu May 30 11:19:10 UTC 2019
My interpretation (as a non-Mauritian lawyer) that the court was simply upholding AfriNIC’s conferral of membership on resource members in the bylaws.
It was not inferring or conferring anything as I read it.
> On 30 May 2019, at 13:09, Andrew Alston <Andrew.Alston at liquidtelecom.com> wrote:
> As a matter of interest – when the court ruled in the last case – saying that quorum was made up of members of X number, irrespective of them being registered, resource or otherwise. Do you from a legal perspective believe that ruling could be used to claim that the court has inferred status on other members, or is that not the case? I’m curious to know the answer from a legal perspective.
> From: Mike Silber <silber.mike at gmail.com>
> Sent: Thursday, 30 May 2019 13:16
> To: S. Moonesamy <sm+af at afrinic.net>
> Cc: community-discuss at afrinic.net
> Subject: Re: [Community-Discuss] Gratitude (off-topic)
> Hi SM
> > On 30 May 2019, at 11:39, S. Moonesamy <sm+af at afrinic.net <mailto:sm+af at afrinic.net>> wrote:
> > I was reminded  of AFPUB-2018-GEN-001-DRAFT02 when I read the above.
> > I spent some time in December 2018 discussing about the legal aspects as it was difficult to understand the difference(s) mentioned above. In my opinion, there would be a compliance issue as Article 11.1 of the Constitution is applicable for an AGMM.
> As you well know, the Members include Registered Members, Resource Members and Associate Members, however only the Registered Members (i.e. the Directors) have any authority under the Mauritian Companies Act and the Resource Members and Associate Members have no legal standing under that Act.
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