Re: Charter Cavils

From: Vany Martinez (vany@sdnp.org.pa)
Date: Tue Jan 25 2000 - 19:19:35 PST


Mark and all:

>Ladies, Gentlemen, Milt,
>
>What intrigues me about this is that the definition of 'non-commercial'.
>Obviously
>your august team have spent a long time extending to global use what I
>understand is essentially US-tax exempt status, a status not necessarily
>universally shared in concept.
Not necesarily. First of all, I think that US laws allows NCDNHC to decide
who admite as members and who not, regardless of legal status, regardless
of the country, regardless if is an individual or institution. The
constituency
is the one that draft the rules to elect.

>What does this mean?
>
>Could the legendary Mr. Markle have joined? No, he couldn't, as a greedy
>expropriator of the poor and associate of the rapacious J.P. Morgan, he
>can't until he dies and his estate is transformed into a non-profit
foundation
>(non-profit being the means for preserving his hard-acquired risk
>capital). So 'non-commercial' is a legal accounting structure independent of
>activity, purpose or morality. Money transforms from 'commercial' to
'non-commercial'
>over time. (This is a view that I do not necessarily share, but a view
that is put)

>What does this mean?
>
>Can the University of Buckingham join? No. It is a private, for profit,
>commercial entity.
Exactly. Who said that all universities in the world are non-profit or
non-commercial
or both? Here in Panama there is many universities that are for profit and
commercial
and the owners are making money that, for sure, are financing their BMWs.

>Can a small, Mom & Pop cornerstore domain holder join? No, they are a
>private, for profit, entity.
They are also a bussiness. Are they contributing to the community with
their work? The owners are selling their merchandise, their are, with
it, paying the bills of their home, etc. This kind of bussiness should
have an space in the Bussines Constituency. Maybe is the responsibility
of the Bussiness Constituency have groups of micro enterprises.

>Healthcare and community provider companies like Philip Morris (look at
>your tv and read their annual report) would be excluded,
why? are them commercial? There is many people that make donations
and doesn't mean that they are non-commercial

>whilst United Nations
>agencies which have made the transition from bureaucracy to active private
>sector-funding would be allowed. (e.g. the consortium formed between United
>Technologies, Nestlé and UNICEF amongst others to exploit commercial
technologies and
>structures in pursuit of greater productivity in the caring sectors)
United Nations Agencies by itself are Non-COmmercial. If they decide to join
some iniciatives in order to benefit the community, is their problem. Still
their purposes are Non-Commercial, and I don't see any problem to admite them

>Hypothetical case in point. A Russian wood products importer with
>largely Korean labour, incorporated as a not-for-profit (it could be
argued that all
>Russian business is not for profit from the tax point of view) wishes to
>purchase entrance to NCDNH. Is it accepted?
I think that such Russian products importer wouldn't be admited.
Be is non-profit is not the only requisite

>Hypothetical case in point. The Rwandan brick factory consortium
>incorporated as a business under Rwandan law, but under the Swiss-Rwandan
friendship
>agreement. Is it accepted?
No, for the same reason as Russian ones.

>Hypothetical case in point. The pan-African state enterprise
>(non-commercial)
>which produces Primus beer. Is it accepted?
NO, for the same reason as Russia ones.

>Can the newly-incorporated INEGgroup join? Yes it can.
This is an issue os trust in this case.

>Can Visa or Mastercard join? Yes they can (correct me if I am wrong,.
>but they are charitable foundations)
Don't know about this status of Visa and Mastercard, but I am sure
they wouldn't even apply.

>Can individuals such as Milt or others join? No they can't.
About this issue, I think NCDNHC should vote.

>In many countries there has been a move away from 'not-for-profits' and
>the concept of 'non-commercial' over the past
>ten or fifteen years (it was called demutualisation in Europe) due to
>the corruption and bribery inherent in an organizational structure where
>there is neither the discipline of paying a return on shareholder's
capital nor
>the need to report fully on the use of funds. It is a pity seeing you
>falling into that trap.
I think NCNDHC charter states clearly that is not enough the non-profit
status. There are other conditions that should ensure that such organizations
that are faked non-profit joins to NCDNHC.

These are my points of view only. I think that really all this issues
has to be voted in order to have defined which kind of organizations
will be allowed to form the NCDNHC and which not.

Maybe we can make several profiles and then the membership can vote
about the profile they like more to see as NCDNHC member.

Best Regards
Vany

Nilda Vany Martinez Grajales
Especialista en Tecnologia de Informacion/Asistente Administrativa
Programa Red de Desarrollo Sostenible/Panama
Tel. (507) 230-4011 ext 213, (507) 230-3455
Fax: (507) 230-3646
e-mail: vany@sdnp.org.pa

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