Re: SPI and the case of dissolution

From: Josh Berkus <josh(at)postgresql(dot)org>
To: spi-general(at)lists(dot)spi-inc(dot)org
Cc: martin f krafft <madduck(at)debian(dot)org>
Subject: Re: SPI and the case of dissolution
Date: 2006-10-25 15:52:55
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> I wonder how SPI handles the case of dissolution; if the entire
> organisation became incapacitated, what happens to the trademarks?
> Or how do you guard against the dissolution?

I don't think that case was anticipated, at least I can't find it in the
bylaws. Maybe someone who's been here from the beginning (Ian? Joey?)
could enlighten me. In my experience, when NPOs fall apart there is plenty
of warning (months to years) and lots of time for the board and membership to
decide what to do with the assets of the organization. As an example, the
Women's Philharmonic in San Francisco went bankrupt in 1999 and didn't
finally dissolve all of their assets until 2003.

The Associated Project resolution does say that assets are "in trust" for the
various organziations. This would imply that we are required to consult
with each OSS project on what to do with their individual assets. Even if
not compelled by law, it's what we *would* do.

Also, Swiss lay is going to be substantially different from US law; you don't
even have the same concept of non-profit organizations. I think you need to
consult with an attorney in your country. Please let the DPL or SPI Board
know if you need help locating one.

Josh Berkus
PostgreSQL Project
Core Team Member
(any opinions expressed are my own)


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