From: "Anthere" anthere6@yahoo.com
Jimbo said
What would be required for the existing Wikimedia Foundation to register as a French nonprofit, or to setup a French affiliate organization.
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.
It would be nice to know how the huge ngos for example do in this kind of situation.
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