On Fri, Nov 11, 2011 at 07:44, Liam Wyatt
<liamwyatt(a)gmail.com> wrote:
Hi Hisham,
Interesting development :-)
My question is with regards to the relationship of the new trust to the
existing India Chapter. The purpose of the trust (as defined as "The
objective of the Trust is to promote the objectives of the Wikimedia
movement and work closely with the Wikimedia community on various projects
with an India focus.") seems synonymous with the purpose of a Chapter, and
you now also have trustees which is synonymous with a Chapter's board. One
difference I can see is that you don't have Members.
Can you elaborate on the legal and practical differences between the new
India Trust and the India Chapter?
-Liam
On 11 November 2011 05:11, Hisham <hmundol(a)wikimedia.org> wrote:
cross-posting to foundation-l & internal-l
from India Community list;
apologies if you've read this already.
hisham
Begin forwarded message:
> From: Hisham <hmundol(a)wikimedia.org>
> Subject: Wikimedia India Program Trust
> Date: November 11, 2011 9:55:00 AM GMT+05:30
> To: Wikimedia India Community list <
wikimediaindia-l(a)lists.wikimedia.org
Hi Folks,
I'm writing to share an update with you on certain developments of
relevance
to the Wikimedia movement in India.
Announcement of Wikimedia India Program Trust
For some time, efforts have gone into creating an organization that
would provide
an appropriate structure to support Wikimedia program
activities in India. Aspects such as the current regulatory framework
(regarding funding, taxation, etc.) as well as the legal protection for
the
India team have been considered to determine this
structure. In this
context, a host of options (e.g. subsidiary, branch, Section 25) were
evaluated and a determination was made towards an independent non-profit
public trust. Legal advice has been taken at every stage in this
decision.
A new entity, the “Wikimedia India Program Trust”, has now been formed
and
registered (in Delhi.) This will be the organization that will
eventually drive India programs and house the team in India.
Why an Independent Public Trust?
The Trust will provide an effective vehicle within India to marshal
resources to
support programs and partner with local institutions. The
objective of the Trust is to promote the objectives of the Wikimedia
movement and work closely with the Wikimedia community on various
projects
with an India focus. It is important to
understand that the Trust will
not
have any editorial control over content on any of
the Wikimedia
projects.
The Trust is a not for profit organization.
Introduction of Trustees
Trustees have been identified based upon their support for Wikimedia
movement's principles and plans in addition to having reputations for
good
governance and management.
Sunil Abraham and Rahul Matthan have been requested to be the initial
Trustees.
Both are friends of Wikipedia and have extensive experience.
>
> Sunil is Executive Director of the Centre for Internet & Society
(CIS),
is a long term advocate of free software and IP
reform and has been
supporting the Wikimedia community and movement for some time now.
Rahul is a partner and heads the technology practice at Trilegal. He
brings deep
expertise and relationships that will be valuable for the
Trust.
These initial Trustees will serve for a term of three years at the
maximum. All
additional or subsequent Trustees will serve on rotation
in
accordance with a trustee selection plan that
will be prepared.
Trustees will not be compensated for their services.
Governance, Funding, Financial Standards & Communications of the Trust
The Trust will be governed by Trustees who will provide oversight and
guidance
regarding the operations and governance of the Trust.
>
> Since the Trust is an independent organization, it will require
funding
for its operations which is in compliance with
the legal and regulatory
framework in India. It will seek funding from private donors within
India
as well as external sources.
>
> The Trust has the support of the Wikimedia Foundation which is a
United
States based non-profit foundation. However, in
India all non-profit
organizations need to be in existence for 3 years before they can
receive
funding from sources outside India. In the
interim, they can apply for
prior-permission under the FCRA regulations to help expedite the
process.
As a result, the Trust will shortly be applying
for approval to receive
funds from the Wikimedia Foundation in the future.
>
> As a Trust, we are required to have an independent external auditor.
We
have appointed KPMG. KPMG is experienced in
auditing non-profit
companies
and are also auditors for the Wikimedia
Foundation.
Annually, the Trust will publicly disclose it's independently audited
financial statements.
The Trust will publish a monthly newsletter outlining its current
activities and
future plans. This will commence in December 2011.
Operations of the Trust
The trust deed under which the Trust must operate clearly states that
the purpose
of the Trust is to independently promote the growth of
volunteer activities within India in support of effective and
unrestricted
dissemination of free knowledge to the public.
I will serve as the Executive Director of the Trust. Once it is
possible,
additional employees will be brought on to the Trust
The Trust will eventually have an office in Delhi.
In the interim, I have personally secured temporary office space to
facilitate
establishing the Trust and its mission. It is located at Top
Floor, G-15, Hauz Khas, New Delhi - 110 016. It's a couple of minutes
walk
away from IIT Flyover and Hauz Khas Metro. Do
drop in! It's a small but
cozy place and we'd love to have you over!
>
> Conclusion
> We continue to make progress in setting up program activities to
support
the growth of Wikimedia in India. We have a long
way to go, but are glad
that we are starting to build a solid foundation.
The following link is for FAQs on this (and related) topics:
http://meta.wikimedia.org/wiki/FAQ_India_Programs/FAQ_Wikimedia_India_Progr…
As always, do reach out if you have any comments or questions.
Warm Regards,
hisham
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