Re: ISPs as stakeholders

[Marcel Schneider <schneider@switch.ch>]

On Wednesday, 3 Dec 1997, Jim Dixon writes:
> On Wed, 3 Dec 1997, Marcel Schneider wrote:

>> Will ask our lawyers next time I have them on the phone, Jim. CORE
>> was founded as a so called 'Verein' in Switzerland. When you 
>> open up a choir or a basketball team  or an association of 'Friends
>> of Socks, The Cat' you probably would do something similar. Your
>> understanding of your assumed difficulties of sueing a 'Verein'
>> could come from the fact that usually nobody sues the Friends of
>> Socks :).
>> 
>> Will investigate and let you know.

> Excellent.  It is good to see a reasoned response.

> --
> Jim Dixon                                                 Managing Director
> VBCnet GB Ltd                http://www.vbc.net        tel +44 117 929 1316
> ---------------------------------------------------------------------------
> Member of Council                                                 President
> Internet Services Providers Association                       EuroISPA EEIG
> http://www.ispa.org.uk                              http://www.euroispa.org
> tel +44 171 976 0679                                     tel +32 2 503 2265

Got an answer for our lawyers and try to translate:

A 'Verein' (Association) is like an AG or GmbH (Ltd.) a juridical 
person and can be sued like any 'normal' organization, i.e. in this
context one with shareholders (not privately owned). So in this 
respect your information has not been correct. There is no 
difference between a 'Verein' and any of the above mentioned 
public organizations regarding liability.

The amount of liablity, however, in Dollars/Francs etc. may be 
significantly lower than those of an Ldt. The statutes of a
'Verein' define this amount. You may check for CORE.

There are several benefits from organizing as a 'Verein':

1. Membership is very flexible. Even expelling members is no
   big deal (reasons should also be stated in the statutes).
   There is no mix-up with shares which are owned and have to be 
   sold etc.

2. The structure (the organizational form) of a 'Verein' is very
   flexible.

3. Other benefits may be regarding tax. A 'Verein' is per se not
   profit oriented and therefore may not be required to pay taxes.

In my view founding CORE as a 'Verein' appears to have been a
good idea. Any other questions ?


Marcel