[FIWARE-Foundation-Legal-TaskForce] PoAs for The Founders meeting

[sylvie.denarie at orange.com]

Dear Claire and Ulrich,
Thank you very much for all these explanations.
I just need one clarification :

First it has been said that : " the same person can represent both the company and the Director  person signining" (On Orange side, Patrice Slupowski, BoD member, will sign on his own but is also supposed to sign on behalf of Orange (with a DOA).

In the last mails  Ulrich said that  "It has been clarified now that we do need minimum seven different people present in Berlin fort he founding meeting."

Does this mean that a BOD member can not sign on behalf of the company and that you need a second person to represent the company ?
Once I will get your response I will prepare the PoA.
Thank you in advance.

Kind regards.
Sylvie



De : fiware-foundation-legal-bounces at lists.fiware.org [mailto:fiware-foundation-legal-bounces at lists.fiware.org] De la part de LE FLOCH, CLAIRE
Envoyé : lundi 5 septembre 2016 23:33
À : TARDIEU, HUBERT (ext); Ahle, Ulrich; NAVARRO ROSALIA SIMON; Avallone Dario; SLUPOWSKI Patrice IMT TECHNO
Cc : fiware-foundation-legal at lists.fiware.org; fiware-foundation-legal-bounces at lists.fiware.org
Objet : [FIWARE-Foundation-Legal-TaskForce] PoAs for The Founders meeting

Dear all

You Will find  bellow answers to all The questions raised from Friday to this end if afternoon.  Please come back to me with your further questions.

The process would be simplified if statutory BoD members are present to register the association.

As requested, please find attached the template for the PoAs, modified by a german Lawyer.
1/This provides a PoA for the founders meeting and to register the foundation.

2/Please note, that in order to use this PoA for the Application to  the register, the signatures need to be certified by a Notary and we need a proof of existence and representation of the Principal. If it is done by a French Notary an apostil is not necessary, If it is done by a Spanish Notary an apostil is needed.

3/note that  the PoA is only needed for the founders meeting and to sign the AoA, written form would be enough.

4/Application to the German foundation Register:
The signing of the application to the German foundation Register could be done right after the founders meeting here in Berlin in the Lawyer office in front of an German Notary, who could file the application on the same day to the register (fastest way).
Please note, that this is only possible, if the Founders appointed as members of the board with the power to represent the Foundation are represented by their statutory representatives or by  representatives with a notarized PoA as described above point 2/.
So if a statutory representatives of a founder will attend the meeting on Wednesday, he does not need a PoA  for the founders meeting nor for the Application to the Register, so these founder(s) (who are represented by a statutory representatives)  should also be the first members of the board with the power to represent the Foundation.


Best regrds.
Claire.



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