[AfriNIC-rpd] Handover to new PDWG co-chairs

[Kris Seeburn]

It seems you are right walu. I do not know the full story behind the
original bylaws but you are right. Looking at the bylaws, the Associate have
technically the same rights as the full member and it does seem that the
Associates are "LIRs" as per the document and the Full Members are Board
Members.

Sections 6, 7 , 8, 9 & 10 seems to stipulate exactly your point which does
not cut off the powers of the LIRs just some small stuffs that differs.

Just one thing that just hit me whilst going through the bylaws. So
basically as stipulated the Board who are full members approve the
application of the "LIR" and by way of board decision appoint the "LIR" as
an Associate as per article 6.4. Is this what I understand?

From:  Walubengo J <jwalu at yahoo.com>
Date:  Sat, 18 Jun 2011 09:26:31 -0700 (PDT)
To:  nii quaynor <quaynor at ghana.com>, "mje at posix.co.za" <mje at posix.co.za>
Cc:  rpd <rpd at afrinic.net>
Subject:  Re: [AfriNIC-rpd] Handover to new PDWG co-chairs

> Nii, Mark,
> 
> the reason LIR are "Associate" members while Board members are "Full" members
> was simply to get around the Mauritian laws.
> 
> Incidentally, the powers of both Full and Associates are technically the same
> but according the Mauritian laws if LIR were to be full-members, they would
> explode the number of "directors of the company" to point where the company
> became a company limited (read commercial) rather than a "non-profit" (read
> NGO) setup that we currently are.
> 
> To get around this, only the 6 primary directors are registered as "the
> Directors" for Afrinic, which then allows afrinic to enjoy the benefits of an
> non-profit organisation (e.g. tax rebates,etc).
> 
> walu.
> nb: am sure legal (Ashok) can expound on this or Alan B (regarded as one of
> the key contributers of the Afrinic constitution)
> 
> 
> 
> 
> --- On Sat, 6/18/11, Mark Elkins <mje at posix.co.za> wrote:
>> 
>> From: Mark Elkins <mje at posix.co.za>
>> Subject: Re: [AfriNIC-rpd] Handover to new PDWG co-chairs
>> To: "nii quaynor" <quaynor at ghana.com>
>> Cc: "rpd" <rpd at afrinic.net>
>> Date: Saturday, June 18, 2011, 4:13 PM
>> 
>> On Sat, 2011-06-18 at 12:27 +0000, nii quaynor wrote:
>>> > On Jun 16, 2011, at 3:57 PM, Mark Elkins wrote:
>>> > 
>>>> > > 
>>>> > > Board members are simply (full) members of the Company.
>>>> > > Those who have resources from AfriNIC are also (associate) Members.
>>>> > > Members can vote, provide policy - etc - just like the share holders of
>>>> > > a 'normal' company.
>>>> > > Staff at a 'normal' company don't usually have that type of privilege
>>>> > > unless they are shareholders.
>>>> > > 
>>> > 
>>> > Why are the LIRs associate.
>> 
>> Interesting question.
>> 
>>> > What has happened to community oversight for major decisions including
>>> > approving reports if the real members have become associates. Who would
>>> > have the last word on oversight of AfriNIC if the resource users are
>>> > the associates.
>> 
>> Ask the original (founding) AfriNIC Board members. I'd assume from a
>> historical basis that they were intrinsically involved in the Founding
>> Documentation, Structure of the Company, Bylaws - etc.
>> 
>>> > Is this what other RIRs do?
>> 
>>> > I dont get it
>>> > 
>>> > Nii
>> 
>> -- 
>>   .  .     ___. .__      Posix Systems - Sth Africa
>>  /| /|       / /__       mje at posix.co.za </mc/compose?to=mje at posix.co.za>   -
>> Mark J Elkins, Cisco CCIE
>> / |/ |ARK \_/ /__ LKINS  Tel: +27 12 807 0590  Cell: +27 82 601 0496
>> 
>> 
>> -----Inline Attachment Follows-----
>> 
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