[rpd] Implementation of transfer policy AFPUB-2016-V4-003

[David Hilario]

On 25 August 2017 at 11:07, Omo Oaiya <Omo.Oaiya at wacren.net> wrote:
>
> On 25 Aug 2017, at 08:47, Christian Ahiauzu
>> <christian.ahiauzu at uniport.edu.ng> wrote:
>>
>>  Bottom line, let me give an instance. Let's say company A signed the RSA in
>>  2013 when policies A B and C were invoke and reflected on the RSA. As at
>>  2017, policy C has been replaced with two new policies D and E. Company A
>> would not be expected to re-sign the RSA. However, company B joining later
>> than 2017 after policies D and E was ratified will be expected to sign an
>> RSA with policies A B D E in it.
>
>
>
> Christian,
>
> Consider this alternative bottom line which is spelt out in the RSA and not
> guesswork.
>
> Company A signs RSA which presents rules and guidelines and tells him the
> agreement is subject to policies.  In business and I believe also in law,
> this means the RSA is dependent on the policies.  Not that the policies are
> dependent on the RSA.
>
> Matters not covered by the RSA or deal with matters that change with time
> are mandated through policies.
>
> -Omo
>


I think we we all agree that policies are above the RSA in theory and
it is even written like this in the RSA itself.

RSA should not even depend on policies, the two must be clearly separated
This is needed in order to avoid any future conflicts like the one we see now.

RSA is at the end of the day, a way to have organisations or people to
legally finance AFRINIC ltd so it can operate as the AFRINIC's
community secretariat.

The RSA is a legally binding document, policies do not really have a
legal ground.
I do appreciate the fact that we are taking the safer approach and
making the RSA policy compatible and hopefully fully policy neutral,
rather than leaving the contradiction in place and letting this be a
questionable section until further notice.

Interesting point raised though, will the update be as mentioned by
Christian and only be signed by new member's applications or will only
it require all members to resign their RSAs, I can't remember if this
was asked before?



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David Hilario

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