Textpattern Legal Entity

zero · 2015-08-11 13:36:01

Many people have expressed the desire for a formal entity to allow for, amongst other things, purchase of domains by the entity rather than by an individual, clearer representation of Textpattern and more structured future growth. Two devs have acknowledged their agreement to the use of funds here and here so I’ve started this thread because nobody else has and to summarise some basics to work from.

The word Foundation has various meanings but in this thread means the same as not-for-profit organisation or non-profit organisation. (This does not exclude such an entity from making money, but it is not its prime purpose).

There are several types of non-profit org with varying sharpness of legal teeth. Generally, a stronger legal structure = more time, more paperwork and more expense.

People may have different ideas of how structured this Textpattern entity should be and I recommend this Route Map which requires a few yes/no answers to some basic questions and leads to a suggestion of the structure most suitable. It is based on UK law but everyone can relate to the questions and answers and it will help with thinking about this logically.

If you do the Route Map, you may end up with a Social Enterprise or an Unincorporated Association. There are one or two choices of Social Enterprise which (to quote maverick) would allow for flexibility should the opportunity arise down the road to provide income to the project but as Bloke points out the UK has a frustrating approach to small ventures and hosting the entity somewhere other than UK or the US would be preferable.

In the UK, an Unincorporated Association is very flexible and easy to set up and would seem perfect for Textpattern except that ownership of domains etc would still rest with individuals and not with the entity. I think this almost definitely applies to North America and Australia too.

So is there perhaps an entity in Europe or elsewhere where a voluntary association can own things as an entity? That would seem the ideal legal structure if it existed. Otherwise, there’s going to be paperwork…

michaelkpate · 2015-08-11 15:57:49

zero wrote #294081:

hosting the entity somewhere other than UK or the US would be preferable.

Could it be incorporated in Sealand? Ever since I read Necronomicon I have thought Data Havens were cool.

els · 2015-08-11 20:43:42

Well if you would consider the Netherlands, at first sight I don’t think it would be too difficult over here. And since there don’t seem to be many financially and fiscally skilled Textpattern users around… ;) I could, and would love to, help out (including tax returns and paperwork).

gomedia · 2015-08-11 23:07:02

Els wrote #294087:

Well if you would consider the Netherlands …

Dutch Sandwich?

bici · 2015-08-11 23:24:53

Els wrote #294087:

And since there don’t seem to be many financially and fiscally skilled Textpattern users around… ;) I could, and would love to, help out (including tax returns and paperwork).

Thank-You for your offer of handing the paper work.

bici · 2015-08-11 23:28:49

The Canuck nonprofit perspective:

colak · 2015-08-12 05:46:47

We are too fast here. I think that the first thing is to draft a constitution which we all agree with and then we select the country as the constitution might exclude some juristrictions because of their particular local laws.

bici · 2015-08-12 06:07:44

colak wrote #294095:

We are too fast here. I think that the first thing is to draft a constitution which we all agree with and then we select the country as the constitution might exclude some juristrictions because of their particular local laws.

+1

Dragondz · 2015-08-12 08:49:07

Hi

I am for this kind of organisation because textpattern need some security for his futur for that purpose an organisation can help that goal, why? because there must be more people involving in something more organised and can drive more money to the project, i think txp is not chosen for many project not because of his own quality but because his futur is not see as stable as some other CMS around.

Then i am +1 for the idea.

zero · 2015-08-12 13:44:37

colak wrote #294095:

We are too fast here. I think that the first thing is to draft a constitution which we all agree with and then we select the country as the constitution might exclude some juristrictions because of their particular local laws.

+1. I was thinking let’s find the right legal entity and then do what is necessary to make it happen. But a constitution or at least a short statement of purpose and aims would be needed before it could happen, so yes, let’s agree on that first. I’m linking again to the Joomlah mission, vision and values which includes very helpful commentary, imho. What exactly is the Textpattern mission?

zero · 2015-08-12 17:33:17

I’d say these thoughts of Bloke provide an excellent basis for the exact Textpattern mission, purpose, aims, values, vision thingy,

zero · 2015-08-13 16:07:17

My view based on the links above. Please bash it into shape or offer a better alternative.

I think it is necessary to agree the mission, vision and values before we can start on the rest of the constitution. Or at least have a working draft, then complete the constitution, with a refinement of the mission/vision/values by elected members at the end.

MISSION

Our mission is to provide a friendly, flexible digital canvas for expressive publishing

VISION

In our vision, we see:

People enjoying freedom of expression in a friendly, digital environment
Friendly, flexible, just right software so people can Just Write
Sensible, lean core code with easily attached plugins and themes
A responsible, responsive, rewarding community experience

KEY VALUES

Friendly
Free
Empowering
Simple
Capable
Secure

Last edited by zero (2015-08-14 14:24:13)

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#1 2015-08-11 13:36:01