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@yahoo.com To: wikifr-l@wikipedia.org; wikipedia-l@wikipedia.org Sent: Wednesday, November 12, 2003 1:51 AM Subject: [Wikipedia-l] precisions in translation
Jimbo said
What would be required for the existing Wikimedia Foundation to register as a French nonprofit, or to setup a French affiliate organization.
Yann answered
Set up a French non profit is very simple. You need three people (a president, a secretary and a treasurer), to draft some
status
(many exemples are available on the Net) and to pay about 25 euros for registration. I have done this already several times.
I think this is not what Jimbo asked. He asked how the currently american foundation could register a "filiale" (related society) in France, so to be able to pay for hosting server, receive donation, purchase domain name.
I think you answered only on how to set a regular foundation, which is different. I think he is looking for information about how setting a "filiale" is possible, not a french organisation. This is the notion of "association étrangère" where the main part of the society is out of our territory.
What are the legal requirements to do that ?