[FIWARE-Foundation-Legal-TaskForce] FIWARE - French association bylaws

Stefano Fratta Stefano.Fratta at telefonica.com
Wed Mar 30 11:23:33 CEST 2016


Dear all
Please find attached two documents:


1.       The prospectus of an association EERA association that was setup in belgium a few years ago and that was open to all the companies involved in recycling of Electronics

2.       The status of AMETIC, the Spanish association of telco operators.

Concerning the issue of granting to the founding members a sort of veto power over the entry of new members, I can confirm that this would create additional problem with Brussels from a political perspective (as mentioned by Stefano) as well as potentially from an antitrust perspective. We have been consistently told this message by the EU authorities in the past when setting up associations to develop a platform that had the potential to become a "default" platform for certain services or products.

We can further discuss on Friday

Regards

Stefano

De: adrian.kalaani at orange.com [mailto:adrian.kalaani at orange.com]
Enviado el: jueves, 17 de marzo de 2016 16:11
Para: fiware-foundation-legal at lists.fiware.org
CC: Stefano Fratta; RICHARD Francois SCE/SC
Asunto: FIWARE - French association bylaws

Dear all,

As convened during the last FIWARE meeting, we ask you to please find attached the bylaws of "OW2 CONSORTIUM" that is a French association governed by the French law of 1st July 1901. You can find the bylaws and additional information regarding OWC2 on its official website : http://www.ow2.org/bin/view/Main/ . We point out that is an association with an activity similar to FIWARE's activity : the development of a code base open source software.

When reading the paragraphs of the bylaws relating the membership in the association and verifying OW2C website, you can notice that in order to participate to the association activity you must at first become a member of the association. The site provides an option of Online registration to become a member (Strategic or a Corporate Member). Thus, the governance of OW2 association is concentrated in the bylaws without needing a double governance (one for the association and another for the brand) as suggested for FIWARE during the last meeting.

In order to maintain the decisional power in the hands of the founding members of FIWARE (ie: Telefonica, Orange, Atos and Engineering) without risking its weakening by the entry of new members, we can suggest the following:


1-     Attribute powers for Founding Members and reduce those of other members.

2-     Submit the qualification of a new member as a Founding Member  to unanimous consent of the existing Founding Members.

Please don't hesitate if you have any comment or question.

Best regards,

[orange]

Adrian KALAANI
Orange FT/SG/DJ/DFFP
Legal Counsel
78, rue Olivier de Serres - 75015 Paris - France
Phone : +33.1.44.44 .02.50
Mobile : +33.6.84.27.70.74
adrian.kalaani at orange.com<mailto:adrian.kalaani at orange.com>


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