One potential liability is exemplified by http://wiki.ca.

That is, there are many commercial and NGO uses of "wiki" in Canada which predate Wiki Canada. There are not for Wikimedia Canada. (Sidenote to Ray: I thought you purchased Wikimedia.Ca back in 2006? currently parked with Dollarhost.com/Trillium Internet Company Inc.)

Amgine



On Thu, Aug 5, 2010 at 3:30 PM, Alan Walker <fastalan@gmail.com> wrote:
To reiterate, he was suggesting we register as Wiki Canada, but if permitted operate as Wikimedia Canada.  I can't see any disadvantage to this approach.  Regardless, we need to form a steering board and make some official decisions to get this done.


On 5 August 2010 16:56, Ray Saintonge <saintonge@telus.net> wrote:
James Heilman wrote:
> The chapter in the UK is incorporated as Wiki UK and operates under
> the name Wikimedia UK.  There are a few reasons for this.  One is as
> already mentioned, if the two organizations were to every have
> problems, this one would just lose its operating name and would not
> need to change its legal name.  If we use Wikimedia we need
> documentation from Wikimedia saying we can us the name and this needs
> to be submitted to the Federal government.  One more thing to slow the
> process of incorporation.  The main reason I proposed this however is
> that in the documents regarding charities states a charity needs to be
> completely independent and retain complete control over all finances (
> with a few exception of which Wikimedia is not one of them ).  Being
> incorporated under a name without ties to another group will decrease
> the chance of us having problems with applying for charity status.
>
Getting the necessary permissions to use the name "Wikimedia" should not
be a problem in either case, incorporation or d.b.a."

Complete independence and financial control are not problems.  This is
one point that Chapcom reviews carefully to ensure that a chapter is not
regarded as a subsidiary or affiliate.  This did come up most recently
in reviewing the application for an Estonian chapter.

Revenue Canada regulations do allow for money to be transferred out of
the country if a proportional benefit is received.  Given that Canada
has the highest per capita usage of Wikipedia in the world that
criterion is likely achieved, but we would still have the burden of
proof.  Better would be for Canadian money to be spent in Canada in a
way that provides the Wikimedia movement advantages that it would not
otherwise have.

Ray

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