Hi folks, First and foremost, let me take this opportunity to sincerely apologize for the delay in giving feedback on where we were on the bylaws in terms of legal review. Yesterday, I managed to have a one-on-one meetup with Ali Mahmud (he's not my brother, FYI. We just happen to have the same last names.) The following is what we discussed/proposed/suggested: [Note: I have CC-ed him so that he may answer any queries you may have]. We could also arrange a meetup with him, if you wish. Chapter Registration:We could either register our Chapter as a Trust or Society:Trust - When we register as a trust, we will be a legally-recognized corporate entity that is capable of suing or being sued. The corporate entity can own property and assets. Registration as a trust is much faster than a Society.The following is an approximate of the expenses to be incurred: Legal fees = KES50,000; Government stamp duty = KES 200 Registration of Documents Act = KES 1500 Trustees (Perpetual) Succession Act= KES 5000 Total=KES 56700 The above process could take one month and we will then be issued with a Certificate. Society - The registration process is tedious, slow and requires alot of pushing. When we register as a society, WMKE will be an amorphous institution, meaning it can't be sued on it's own. Rather, it is the officials or trustees that can be sued. Property/assets are registered under the trustees. The Society should file annual returns (e.g. indicating any change in trustees). Tax ExemptionAfter getting the Certificate of registration, we should contact the Minister for Finance and apply for tax exemption. The by-laws should clearly indicate that we are a non-profit organisation. A petition letter should be written to the Minister when applying for tax exemption with supporting documents (from WMF and/or ICT Board and/or Google Kenya). Tax exemption requires political pushing/influence -- so the duration of us getting tax exemption could be as short as a week and as long as decades! Bylaws:The lawyer has proposed some changes to the bylaws:-That we have a two-tier board structure: The Board Of Trustees & The Executive Committee. The EC could be in charge of funding/project proposals etc while the Board oversees and has the final say in whatever the EC might suggest. We could have 2 board members in the EC as well. -That he will include a "no-confidence" section in the bylaws, so that if and when the members are dissatisfied with the Board, they have the power to vote them off. -That the Board members that will be elected should sit in it for 3 years (rather than 1 year). This is because a year is not enough for the Board to familiarise, set things straight, come up with a strategic plan, etc. -I will publish the revised bylaws online tomorrow so that you could see the above-mentioned changes. Your comments/suggestions are welcome. Regards, Abbas.
-------------------------------------- Feel free to contact me: Abbas Mahmood Tel: +254722215101 Facebook: abbasjnr@hotmail.com Skype: abbasjnr Wikimedia Kenya Member
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