[EuroPython] EEIG

Andrew Smart Andrew.Smart@smart-knowhow.de
Sun, 13 Jul 2003 14:25:48 +0200


europython-admin@python.org wrote:
> Andrew Smart suggested that EuroPython should be formed
> as a European Economic Interest Grouping (EEIG).
> 
> The best reference I found for what that is is:
> http://europa.eu.int/scadplus/leg/en/lvb/l26015.htm
> 
> It is my understanding, that the EEIG is intended more for
> temporary, commercial joint ventures between compnaies in
> different EU countries. It's my understanding that it would
> *not* suit us for EuroPython.
> 
> My main concern is this:
> 
>    "As a counterweight to the contractual freedom which is at
>    the basis of the EEIG and the fact that members are not
>    required to provide a minimum amount of capital, each member
>    of the EEIG has unlimited joint and several liability for     its
> debts." 
> 
> This means that if the next EuroPython ends with a big debt that
> the new EuroPython organisation can't pay, its creditors can
> approach *any* member of the EuroPython organisation, and demand
> that he/she/it pays the whole debt. That might be you...or me...
> 
> I don't really want to be a member of such an organisation. (Shrug!)
> Not that I think that the EuroPython organizers would do a bad job,
> but I'm not willing to bet my family's economy on it. I think we
> must have an organisation that is an *independent* legal entity,
> that can have profits, debts and taxes of its own.
> 
> 
> I'm curious to hear more about the "International Non Profit
> Association" that Denis mentioned. Perhaps that will be a better
> fit.

Hi Magnus,

EEIGs have the option to limit the potential risk for every possible
member, meaning certain members don't have to risk their personal
economy for the EPC.

Risk sharing is a topic also for non-profit-organisations.
In Germany the risk sharing for the commonly used "e.V." is the
same: every member is liable for the debts of the "Verein" in case
of bancruptcy. I believe that in the hard case of bancruptcy this 
is true for all (non-) profit organisations. If else it would open 
the door for any sort of criminal or unkind behaeviour.

Most people don't know that or tend to ignore the fact.

A EEIG is a own legal body, BTW. And it IS used for non-profit
purposes, and _people_ can be members.

And, as I said, it would depend on the rules of the EEIG if
people who aren't legally members of the EEIG would have a vote
for certain decissions. I think it is a difference between
collecting votes for deciscions like "where will be the next EPC"
and collecting votes for formal procedures of the EEIG.

But I won't argue the case for the EEIG for long. As far as I 
know there is no other way based on _european_ law to form a legal
body besides founding a european based share-based company.

All other options would include to form a national based legal body 
in one of the countries of one of the EPC members. Respective
national laws would have to be followed.

The PBF uses the very open swedish law which restricts nearly
nothing as far as I now.

Besides the legal body the basic discussion is about to form
any sort of structure. And this is the main point currently,
I think.

Andrew