[OmniOS-discuss] Legal next steps

[Alexander Lesle]

Hello,

Switzerland or EU sounds good.

No NSA or U.S. laws pressure to code a backdoor for them.

On 16. May 2017 at 16:19 <Tobi Oetiker> wrote
in mid:680C52D7-4157-4F9E-AB69-375380CF4E7C at oetiker.ch :
> In switzerland, any three people
> can found an association by stating that they do so and
> creating a bylaws document. no fees. no official registration
> necessary. only if substantial money is handled or if there is
> profit, the association has to talk to the swiss irs.


> https://en.wikipedia.org/wiki/Swiss_association


> I'll be glad to help :)


> cheers
> tobi


> Tobias Oetiker
> tobi at oetiker.ch
> 062 775 9902

> On 16 May 2017, at 15:47, Doug Hughes <doug at will.to> wrote:


>      
> Having done this once before, if done in the USA, NJ and DE
> are       somewhat preferred states for ease of such 501c3
> incorporation.       lowest fees, smallest hurdles, etc.
> If NJ.US is acceptable/chosen I'm very proximate to Trenton
> and       could facilitate any in-person matters.


> On 5/16/2017 9:22 AM, Theo Schlossnagle       wrote:
> My experience here is limited to the United States         for
> approaching these problems.  I don't mean to indicate that     
> it is the right solution, but I can only speak of what I know.  

>     
> A legal entity must hold the assets. That can be a person,    
> or a trust, or an corporation or a community*, etc.  Community 
> here is defined in such a way by the IRS that I don't believe  
> we would ever quality (and it's never worth arguing). Given    
> the history of "things" I would steer away from an individual  
> and I feel that given unknown nature of assets required to     
> operate and our weak starting point that a trust is likely not  self-sustaining.
>   

>     
> What I would suggest is us setting up an corporation here     
> in the US, setting a purpose and a missions statement (that    
> includes education and science as we do those and they are     
> eligible for non-profit status), elect 5-7 board members       
> (who will be legally responsible for the entity) come up       
> with a small operating budget (< $10k USD) and apply for       
> non-profit (501(3)c).  This process would take a few            hundreds of dollars.

>     
> Then we request that OmniTI donate the appropriate assets     
> related to OmniOS.  This organization can take donations       
> (from basically anywhere) and apply them to operational        
> costs to forward its mission.  There is a chance that this     
> organization could be denied non-profit status as the IRS is   
> (sadly) a bit odd when it comes to approving that for          
> initiatives for the public good if their around open source    
> software.  I don't see that as a specific risk, it only        
> means that donations made are not tax-deductible.  

>     
> The gating factors here is can we get 5-7 people willing      
> to participate as legally responsible board members (I am      
> not a lawyer, but the risk is very lower here as there is       very little money involved).

>     
> Back to my first point, if there is a better avenue           
> outside the United States for this, I would love to be          educated about it.

>     
> Best regards,  

>     
> Theo  

>              -- 
>   
>   
> Theo Schlossnagle
>   
> http://omniti.com/is/theo-schlossnagle
>       


>   
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-- 
Mit freundlichem Gruss
Alexander
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