SPI and the case of dissolution

Josh Berkus josh at postgresql.org
Wed Oct 25 15:52:55 UTC 2006


Martin,

> I wonder how SPI handles the case of dissolution; if the entire
> organisation became incapacitated, what happens to the trademarks?
> Or how do you guard against the dissolution?

I don't think that case was anticipated, at least I can't find it in the 
bylaws.   Maybe someone who's been here from the beginning (Ian?  Joey?) 
could enlighten me.   In my experience, when NPOs fall apart there is plenty 
of warning (months to years) and lots of time for the board and membership to 
decide what to do with the assets of the organization.  As an example, the 
Women's Philharmonic in San Francisco went bankrupt in 1999 and didn't 
finally dissolve all of their assets until 2003.

The Associated Project resolution does say that assets are "in trust" for the 
various organziations.   This would imply that we are required to consult 
with each OSS project on what to do with their individual assets.   Even if 
not compelled by law, it's what we *would* do.

Also, Swiss lay is going to be substantially different from US law; you don't 
even have the same concept of non-profit organizations.  I think you need to 
consult with an attorney in your country.  Please let the DPL or SPI Board 
know if you need help locating one.

-- 
Josh Berkus
PostgreSQL Project
Core Team Member
(any opinions expressed are my own)


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