Perhaps it is not a question of setting up a new organization, but merely registering Wikimedia in France as a foreign corporation so that someone in France or some other EU jurisdiction can act for Wikimedia (i.e. basically be the local agent for Wikimedia)? This would be a Wikimedia "branch". Isn't "branch" an accurate translation of "filiale"? Here in the US there are provisions in state law that allow "foreign not-for-profit corporations" to conduct business in the US under the law. I don't have time to do full research right now, but I can't imagine that it is not possible for a foreign corp. to conduct business in at least certain European jurisdictions such as Great Britain. http://ws2.companieshouse.gov.uk/ias/company_names_-_english.html Here is the example from the Not for Profit corporation law of New York state that allows foreign corporations to act and register in New York state: § 1301. Authorization of foreign corporations. (a) A foreign corporation shall not conduct activities in this state until it has been authorized to do so as provided in this article. A foreign corporation may be authorized to conduct in this state any activities which may be conducted lawfully in this state by a domestic corporation, to the extent that it is authorized to conduct such activities in the jurisdiction of its incorporation, but no other activities. (b) Without excluding other acts which may not constitute conducting activities in this state, a foreign corporation shall not be considered to be conducting activities in this state, for the purposes of this chapter, by reason of doing in this state any one or more of the following acts: (1) Maintaining or defending any action or proceeding, whether judicial, administrative, arbitrative or otherwise, or effecting settlement thereof or the settlement of claims or disputes. (2) Holding meetings of its directors or its members. (3) Maintaining bank accounts. (4) Maintaining offices or agencies only for the transfer, exchange and registration of its securities, or appointing and maintaining trustees or depositaries with relation to its securities. (5) Granting funds. (6) Distributing information to its members. (c) The specification in paragraph (b) does not establish a standard for activities which may subject a foreign corporation to service of process under this chapter or any other statute of this state. (d) A foreign corporation whose corporate name is not acceptable for authorization pursuant to sections 301 and 302 of this chapter, may submit in its application for authority pursuant to section thirteen hundred four of this chapter, a fictitious name under which it shall do business in this state. A fictitious name submitted pursuant to this section shall be subject to the provisions of subparagraphs 2 through 9 of paragraph (a) of section 301 and section 302 of this chapter. A foreign corporation authorized to conduct activities in this state under a fictitious name pursuant to this section, shall use such fictitious name in all of its dealings with the secretary of state and in the conduct of its activities in this state. The provisions of section one hundred thirty of the general business law shall not apply to any fictitious name filed by a foreign corporation pursuant to this section. Perhaps someone can review the French law and find out what is necessary to make such a registration in France. NB Wikimedia Foundation Inc. is not an "association" but a company or corporation under the definitions commonly used in most jurisdictions. Alex756 ----- Original Message ----- From: "Anthere" <anthere6(a)yahoo.com> To: <wikifr-l(a)wikipedia.org>rg>; <wikipedia-l(a)wikipedia.org> Sent: Wednesday, November 12, 2003 1:51 AM Subject: [Wikipedia-l] precisions in translation status

From: "Anthere" <anthere6(a)yahoo.com> In the spirit of comparative law and trying to determine a general paradigm for the development of international Wikimedia Foundation branches I've checked the laws in England and it is not possible to use a foreign not-for-profit corporation as a charity within England. http://www.charity-commission.gov.uk/registration/default.asp It must be set up as a local charity. So while Wikimedia could register an office as a "company" under the Companies Act 1985, it would not be a charity. It could operate a server then in England, or establish an office there that would be under direct control of Wikimedia. Regarding the soliciting of funds, however, in England, at least, it would be necessary to set up a separate corporation, trust, or association and apply to the Charities Commission to register that Charity (note that they have a £ 1,000 minimum requirement, i.e. a charity that only raises one thousand pounds per year does not need to be registered similar to the US IRS $5,000 per year minimum). It would seem to me that the general paradigm is either, register as a foreign charity (where possible) or create a local entity that is contractually bound to Wikimedia (i.e. trademarks, compliance with GFDL, etc.) and the local organization will have some contract with Wikimedia regarding payments, etc. Some discretion will have to be placed in the hands of the trustees of such a local entity. Perhaps there can also be a Wikimedia International that becomes an umbrella organization for all local Wikimedia Foundations? I have seen this done by more than a few international organizations, they have a local branch such as Oxfam GB, Oxfam USA, Oxfam France, and then there is also a Oxfam International. They all have the same principles in their charters but local trustees (directors) to supervise the activities of the charity in the local jurisdiction including making payments to help support the international entity. Alex756