[Foundation-l] Fwd: Wikimedia India Program Trust

[rupert THURNER]

the practical difference seems to be the experience

On Fri, Nov 11, 2011 at 07:44, Liam Wyatt <liamwyatt at 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 at 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 at 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 at 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_Program_Trust
> > >
> > > As always, do reach out if you have any comments or questions.
> > >
> > > Warm Regards,
> > >
> > > hisham
> > >
> >
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