[Chapter-delegates] Follow-up on Chapters Advisory Council Meeting of 17 September 2024

Olivier MJ Crépin-Leblond ocl at gih.com
Sat Nov 23 06:20:01 PST 2024


Dear Ilona,

you might have missed my previous email, in the immediate aftermath of 
the Internet Society Board of Trustees meeting on 2nd November 2024 and 
the run-up to the Internet Society Activities and Staff meetings taking 
place in Istanbul last week.

I am therefore sending you a copy of the thread in which my question 
asking for a copy of the agreement which you refer to as "/The agreement 
in place since 2018 between the Foundation and Internet Society focuses 
on the legal obligations in line with the Foundation's role as a 
509(a)(3)..." /remains unanswered.

Since I am unable to locate this agreement, I should think it would be 
easy for you to forward it accordingly.

Kindest regards,

Olivier Crépin-Leblond


On 06/11/2024 22:33, Olivier MJ Crépin-Leblond wrote:
> Dear Ilona,
>
> Thank you for sharing the pointers to the documents on which you have 
> based your response that ISOC is not "outsourcing" to the Foundation 
> and that the two entities cooperate to achieve the mission of the 
> Internet Society.
>
> In your email to Judith Hellerstein of 28th September 2024, you point 
> to an agreement in place:
> "/On the agreements side, the email of September 23 references the 
> agreement in place since July 1, 2018 between the Foundation and 
> Internet Society. The name of the agreement: Facilities and Services 
> Agreement. Description: how the two organizations may share some 
> employees and the use of space on a cost reimbursement basis as needed./"
>
> In the 23rd September 2024 email you refer to, the only reference you 
> make to a 2018 agreement is as follows:
> "/The agreement in place since 2018 between the Foundation and 
> Internet Society focuses on the legal obligations in line with the 
> Foundation's role as a 509(a)(3) and therefore, won’t be useful for 
> that purpose./"
>
> Checking both the Internet Society and the Internet Society Foundation 
> Web sites, I could not trace that agreement.
>
> Please be so kind to provide a copy of such an agreement.
>
> Kindest regards,
>
> Olivier Crépin-Leblond
>
>
> On 28/10/2024 12:13, Ilona Levine wrote:
>>
>> Hi Judith,
>>
>> The request seeking services agreement is based on the assumption 
>> that the relationship between the two organization is of the vendor 
>> type.  As I mentioned in my emails of September 20, September 23 and 
>> October 10, the Foundation, instead, is a subsidiary of ISOC, not a 
>> third-party service provider or outside contractor.  So, ISOC is not 
>> “outsourcing” to the Foundation but instead, the two entities 
>> cooperate to achieve the mission of the Internet Society.
>>
>> In other words, that relationship is based on the US federal tax law, 
>> not a set of service agreements.  Here are some additional legal 
>> documents that expand on that principle:
>>
>>   * The Foundation’s articles of incorporation: Articles of
>>     Incorporation
>>     <https://www.isocfoundation.org/wp-content/uploads/2020/04/Foundation-Articles-of-Incorporation.pdf?_gl=1*1t6uwq3*_up*MQ..*_ga*NjczNzE1NzcxLjE3Mjk3ODQ2OTI.*_ga_BQY6ZNFJLB*MTcyOTc4NDY5MC4xLjEuMTcyOTc4NDcxMy4wLjAuMA..>.
>>     Article SECOND of the Articles of Incorporation provides that the
>>     Internet Society is the sole member the Foundation. Article THIRD
>>     provides that the Foundation is organized for the benefit of, or
>>     to conduct or carryout the purposes of, the Internet Society.
>>   * The Foundation’s IRS Determination Letter, which designates the
>>     Foundation as a Type I Supporting Organization based on the
>>     Foundation’s Articles of Incorporation: IRS Determination Letter
>>     <https://www.isocfoundation.org/wp-content/uploads/2020/04/Foundation-Determination-Letter.pdf>
>>   * _Foundation's_Bylaws
>>     <https://www.isocfoundation.org/board-of-trustees/governance/by-laws/> might
>>     also helpful.
>>
>> Similarly, for ISOC:
>>
>> Articles of Incorporation 
>> <https://www.internetsociety.org/about-internet-society/governance-policies/articles-of-incorporation/>
>>
>> Bylaws 
>> <https://www.internetsociety.org/about-internet-society/governance-policies/by-laws/>
>>
>> On the agreements side, the email of September 23 references the 
>> agreement in place since July 1, 2018 between the Foundation and 
>> Internet Society. The name of the agreement: Facilities and Services 
>> Agreement. Description: how the two organizations may share some 
>> employees and the use of space on a cost reimbursement basis as needed.
>>
>> Best,
>>
>> Ilona
>>
>> *Ilona Levine,* SVP, General Counsel and Corporate Secretary
>>
>> levine at isoc.org <mailto:levine at isoc.org>|
>> internetsociety.org | @internetsociety
>>
>> Donate today. <https://bit.ly/3nUsQmJ>
>>
>> *Help protect the Internet for everyone.*
>>
>> https://backchannel.internetsociety.org/wp-content/uploads/2020/01/image001.png
>>
>> This communication is the property of the Internet Society and may 
>> contain confidential or privileged information.  Unauthorized use of 
>> this communication is strictly prohibited.  If you have received it 
>> in error, please notify the sender by reply e-mail and destroy all 
>> copies of the communication and any attachments.
>>
>> *From: *Judith Hellerstein <judith at jhellerstein.com>
>> *Date: *Sunday, October 27, 2024 at 8:27 PM
>> *To: *Ilona Levine <levine at isoc.org>
>> *Cc: *Olivier MJ Crépin-Leblond <ocl at gih.com>, Ted IETF 
>> <ted.ietf at gmail.com>, Chapter Delegates 
>> <chapter-delegates at elists.isoc.org>
>> *Subject: *Re: [Chapter-delegates] Follow-up on Chapters Advisory 
>> Council Meeting of 17 September 2024
>>
>> Hi Ilona,
>>
>> In Chris’s response there were no documents sent. He just talked 
>> about the communications plan.  What Olivier is seeking is documents 
>> that set out the rules for engagement between the foundation and the 
>> ISOC HQ
>>
>> As Olivier states, Supporting Organisation and the Supported 
>> Organisation is formalised by a set of service agreements since the 
>> two organisations remain legally distinct.
>>
>> It is these documents we are seeking.  We are not seeking the 
>> communications plan but these specific legal documents that are 
>> connecting the two groups.
>>
>> I have not seen these either neither in your emails or in Chris’s and 
>> so I support Olivier’s request
>>
>> Best,
>>
>> Judith Hellerstein
>>
>> Chapter Advisory Representative from ISOC DC
>>
>> Sent from my iPad
>>
>> judith at jhellerstein.com
>>
>> Skype ID:JudithHellerstein
>>
>>
>>
>>     On Oct 27, 2024, at 11:28 AM, Ilona Levine via Chapter-delegates
>>     <chapter-delegates at elists.isoc.org> wrote:
>>
>>     Hello Olivier,
>>
>>     To address your concern that you have not received any response
>>     from me on the matters you have raised, I refer you to the emails
>>     dated 20 September, 23 September, and 10 October. They contain
>>     information necessary to assist you and ChAC, if needed, in the
>>     meeting with Chris next week.
>>
>>     Best,
>>
>>     Ilona
>>
>>     *Ilona Levine,* General Counsel and Corporate Secretary
>>
>>     levine at isoc.org <mailto:levine at isoc.org>|
>>     internetsociety.org | @internetsociety
>>
>>     Donate today. <https://bit.ly/3nUsQmJ>
>>
>>     *Help protect the Internet for everyone.*
>>
>>     <image001.png>
>>
>>     This communication is the property of the Internet Society and
>>     may contain confidential or privileged information.  Unauthorized
>>     use of this communication is strictly prohibited.  If you have
>>     received it in error, please notify the sender by reply e-mail
>>     and destroy all copies of the communication and any attachments.
>>
>>     *From: *Olivier MJ Crépin-Leblond <ocl at gih.com>
>>     *Date: *Thursday, October 24, 2024 at 10:24 AM
>>     *To: *Ilona Levine <levine at isoc.org>, Ted IETF <ted.ietf at gmail.com>
>>     *Cc: *Chapter Delegates <Chapter-delegates at elists.isoc.org>,
>>     Sally Wentworth <wentworth at isoc.org>
>>     *Subject: *Re: Follow-up on Chapters Advisory Council Meeting of
>>     17 September 2024
>>
>>     Dear Ilona,
>>
>>     referring to my email below, I note with concern that I appear to
>>     have not received any response from you on the matters I raised.
>>     Having mentioned in your email dated 8 October 2024 that "/All
>>     necessary legal documents, including agreements, have been put in
>>     place to respect the separate nature of the two organizations."
>>     /, I am yet to have seen any of these documents which you
>>     mentioned. Please be so kind to share them or if this is not
>>     possible, even in a redacted manner, then please provide a list
>>     of the agreements to which you refer, including the date of the
>>     agreement, the name of the agreement, the signatory parties, and
>>     a brief description of each agreement.
>>
>>     I reiterate the differentiation between a "supporting
>>     organisation" and a "merged organisation", which are not legally
>>     the same. Supporting organisations require, under Company Law,
>>     that the link between the Supporting Organisation and the
>>     Supported Organisation is formalised by a set of service
>>     agreements since the two organisations remain legally distinct.
>>
>>     I look forward to your prompt response.
>>
>>     Kindest regards,
>>
>>     Olivier Crépin-Leblond
>>
>>
>>     On 15/10/2024 10:56, Olivier MJ Crépin-Leblond wrote:
>>
>>         Dear Ilona,
>>
>>         thank you for your email dated 10 October 2024.
>>
>>         I am disappointed to note that you have still not provided a
>>         response with the information requested in my emails appended
>>         in the email thread below. You will note the extract below
>>         from my email dated 8 October 2024:
>>
>>         QUOTE:
>>         "Responding to your note: "/All necessary legal documents,
>>         including agreements, have been put in place to respect the
>>         separate nature of the two organizations./
>>
>>         All I am asking is for them to be shared. If that is not
>>         possible, even in a redacted manner, for whatever reason,
>>         then please provide a list of the agreements to which you
>>         refer, including the date of the agreement, the name of the
>>         agreement, the signatory parties, and a brief description of
>>         each agreement."
>>
>>         I reiterate this request and would be grateful if you could
>>         provide the information requested without further delay.
>>
>>         I very much appreciate (and draw your attention to) the input
>>         and support for this information request from my fellow
>>         "Chapter Delegates".
>>
>>         As a reminder, in U.S. company law, a "supporting
>>         organisation" and a "merged organisation" are not legally the
>>         same.
>>
>>         I am pleased that we all appear to agree that the Internet
>>         Society Foundation is formally a "Section 509(a)(3)
>>         Supporting Organisation" under United States Non Profit Tax Law.
>>         The information from the IRS links below provide helpful
>>         "Official Guidance":
>>
>>         https://www.irs.gov/charities-non-profits/section-509a3-supporting-organizations
>>         https://www.irs.gov/charities-non-profits/charitable-organizations/supporting-organizations-requirements-and-types
>>
>>         I look forward to your prompt response.
>>
>>         Kindest regards,
>>
>>         Olivier Crépin-Leblond
>>
>>
>>         On 10/10/2024 17:04, Ilona Levine wrote:
>>
>>             Hi Olivier,
>>
>>             Thank you for your follow up email. I think the use of
>>             the term "outsourcing" in the email below might have
>>             caused some confusion.  You mentioned you are familiar
>>             with the “supporting organizations” and how they operate,
>>             but it might also be helpful for me to provide
>>             some additional background for others.
>>
>>             As you know, the relationship between supporting and
>>             supported organizations is not a vendor or contractor
>>             relationship. Though the Foundation is a separate
>>             corporation, it is a controlled subsidiary of ISOC, not a
>>             third-party service provider or outside contractor.  So
>>             ISOC is not “outsourcing” to the Foundation but instead,
>>             the two entities cooperate to achieve the mission of the
>>             Internet Society.  In other words, as a supporting
>>             organization, the Foundation’s purpose is to operate for
>>             the benefit of, and to support, ISOC. In furtherance of
>>             that purpose, the Foundation conducts programs and
>>             activities that benefit ISOC and furthers ISOC’s mission.
>>             For example, the Foundation engages in communications
>>             activities at the direction of and to the benefit of ISOC.
>>
>>
>>
>>             As you also know based on your extensive experience with
>>             nonprofits, the Internet Society Board develops the
>>             overall strategy for ISOC. Internet Society management
>>             then develops its action plan and in turn, works with the
>>             Foundation to ensure that it, as a
>>             supporting organization, provides the support necessary
>>             to achieve ISOC’s goals. The Foundation does that through
>>             its own action plan, which sets out objectives for all of
>>             its functions, including the communications function.  So
>>             the Board sets the strategy, Internet Society management
>>             creates the action plans, and the Foundation management
>>             allocates resources to support those plans as necessary.
>>
>>             After the approval of the 2025 action plans, ISOC will
>>             share them with the community.  As discussed earlier,
>>             part of that will be Chris presenting to this community
>>             how the communications group will be tackling its work in
>>             the upcoming year.
>>
>>             Best regards,
>>
>>             Ilona
>>
>>             *From: *Olivier MJ Crépin-Leblond <ocl at gih.com>
>>             <mailto:ocl at gih.com>
>>             *Date: *Tuesday, October 8, 2024 at 8:47 AM
>>             *To: *Ilona Levine <levine at isoc.org>
>>             <mailto:levine at isoc.org>, Ted IETF <ted.ietf at gmail.com>
>>             <mailto:ted.ietf at gmail.com>
>>             *Cc: *Chapter Delegates
>>             <Chapter-delegates at elists.isoc.org>
>>             <mailto:Chapter-delegates at elists.isoc.org>, Sally
>>             Wentworth <wentworth at isoc.org> <mailto:wentworth at isoc.org>
>>             *Subject: *Re: Follow-up on Chapters Advisory Council
>>             Meeting of 17 September 2024
>>
>>             Dear Ilona,
>>
>>             Further to our discussion two weeks ago regarding the
>>             definition of the relationship between the Internet
>>             Society and the Internet Society Foundation, in the
>>             absence of your response, I wish to reiterate the need
>>             for a clear outsourcing agreement between these entities.
>>             It is recognised as good business practice
>>             internationally to establish such agreements to delineate
>>             respective liabilities in the execution of these contracts.
>>
>>             Responding to your note: "/All necessary legal documents,
>>             including agreements, have been put in place to respect
>>             the separate nature of the two organizations./"
>>
>>             All I am asking is for them to be shared. If that is not
>>             possible, even in a redacted manner, for whatever reason,
>>             then please provide a list of the agreements to which you
>>             refer, including the date of the agreement, the name of
>>             the agreement, the signatory parties, and a brief
>>             description of each agreement.
>>
>>             Looking forward to your prompt response.
>>
>>             Kindest regards,
>>
>>             Olivier Crépin-Leblond
>>
>>
>>
>>
>>             On 24/09/2024 17:22, Olivier MJ Crépin-Leblond wrote:
>>
>>                 Dear Ilona,
>>
>>                 Many thanks for your follow-up.
>>
>>                 The thread may not have come all through. During the
>>                 Chapter Advisory Council call, Ted mentioned the
>>                 transfer of some responsibilities in relation to
>>                 Communications from the Internet Society to the
>>                 Internet Society Foundation. My initial question to
>>                 Ted was in regards to the outsourcing agreement as
>>                 follows:
>>
>>                 /"I was previously unaware of this change. Although
>>                 the Internet Society Foundation may have been
>>                 designated by the Internet Society as a "supporting
>>                 organisation" of the Internet Society, it remains a
>>                 distinct and separate legal entity. Therefore, I
>>                 assume that any "outsourcing" of responsibilities
>>                 such as Marketing and/or Communications would be
>>                 defined in a written "contract for services" between
>>                 the Parties setting out (inter-alia) the terms,
>>                 rights, and obligations of each Party. Could you
>>                 please provide the terms for such an agreement and
>>                 any limitations therein?
>>
>>                 My principal concern lies in distinguishing between
>>                 executing the Communications Plan and drafting the
>>                 Communications Plan. These are fundamentally
>>                 different tasks and would undoubtedly be included in
>>                 the "contract for services""./
>>
>>                 The top level responsibility of the strategy of the
>>                 Internet Society remains within the Internet Society.
>>                 I find it surprising that an outsourcing entity would
>>                 be able to dictate that strategy without it being
>>                 agreed by the Internet Society itself.
>>                 The Internet Society has the opportunity to outsource
>>                 the execution of its Communications Plan to a
>>                 supporting organisation on the basis of terms and
>>                 conditions agreed between the parties. This requires
>>                 outsourcing agreement(s) in order to know where the
>>                 boundaries and responsibilities are between the two
>>                 organisations, including their respective liabilities
>>                 in the execution of these agreement(s).
>>
>>                 For example:
>>
>>
>>
>>
>>                       Key Components of an Outsourcing Communications
>>                       Agreement
>>
>>                  1. *Introduction and Definitions*:
>>
>>                      1. Clearly define the parties involved.
>>                      2. Provide definitions for key terms used
>>                         throughout the agreement.
>>
>>                  2. *Scope of Services*:
>>
>>                      1. Detail the specific services to be outsourced.
>>                      2. Include service level agreements (SLAs) to
>>                         set performance standards.
>>
>>                  3. *Term and Termination*:
>>
>>                      1. Specify the duration of the agreement.
>>                      2. Outline conditions for termination by either
>>                         party.
>>
>>                  4. *Pricing and Payment Terms*:
>>
>>                      1. Define the pricing structure and payment
>>                         schedule.
>>                      2. Include any penalties for late payments or
>>                         performance failures.
>>
>>                  5. *Confidentiality and Data Protection*:
>>
>>                      1. Ensure compliance with data protection laws.
>>                      2. Include confidentiality clauses to protect
>>                         sensitive information.
>>
>>                  6. *Intellectual Property Rights*:
>>
>>                      1. Clarify the ownership of any intellectual
>>                         property created during the agreement.
>>
>>                  7. *Warranties and Liability*:
>>
>>                      1. Outline the warranties provided by the
>>                         service provider.
>>                      2. Define the liability limits for both parties.
>>
>>                  8. *Monitoring and Reporting*:
>>
>>                      1. Establish how performance will be monitored
>>                         and reported.
>>                      2. Include provisions for regular review meetings.
>>
>>                  9. *Dispute Resolution*:
>>
>>                      1. Specify the process for resolving disputes.
>>                      2. Include mediation or arbitration clauses if
>>                         applicable.
>>
>>                 10. *Exit Management*:
>>
>>                      1. Plan for the transition of services back to
>>                         the company or to another provider.
>>                      2. Include provisions for the transfer of data
>>                         and assets.
>>
>>
>>
>>                 I trust that you mentioned: "All necessary legal
>>                 documents, including agreements, have been put in
>>                 place to respect the separate nature of the two
>>                 organizations."
>>                 Thus I would be interested in its details as
>>                 explained in my email.
>>
>>                 Kindest regards,
>>
>>                 Olivier
>>
>>
>>
>>                 On 23/09/2024 18:36, Ilona Levine wrote:
>>
>>                     Dear Olivier,
>>
>>                     I understand that the nature of your request is
>>                     to assist the Chapters Advisory Council and Chris
>>                     Locke in preparation to his session on the
>>                     communication plan. The agreement in place since
>>                     2018 between the Foundation and Internet Society
>>                     focuses on the legal obligations in line with the
>>                     Foundation's role as a 509(a)(3) and therefore,
>>                     won’t be useful for that purpose.
>>
>>                     Best regards,
>>
>>                     Ilona
>>
>>                     *From: *Olivier MJ Crépin-Leblond <ocl at gih.com>
>>                     <mailto:ocl at gih.com>
>>                     *Date: *Sunday, September 22, 2024 at 8:52 AM
>>                     *To: *Ilona Levine <levine at isoc.org>
>>                     <mailto:levine at isoc.org>, Ted IETF
>>                     <ted.ietf at gmail.com> <mailto:ted.ietf at gmail.com>
>>                     *Cc: *Chapter Delegates
>>                     <Chapter-delegates at elists.isoc.org>
>>                     <mailto:Chapter-delegates at elists.isoc.org>, Sally
>>                     Wentworth <wentworth at isoc.org>
>>                     <mailto:wentworth at isoc.org>
>>                     *Subject: *Re: Follow-up on Chapters Advisory
>>                     Council Meeting of 17 September 2024
>>
>>                     Dear Ilona,
>>
>>                     thank you for clarifying that all necessary legal
>>                     documents, including agreements, have been duly
>>                     executed to respect the separate nature of the
>>                     two organisations.
>>
>>                     I am aware of the publication of the original
>>                     IETF Administration LLC agreements with the
>>                     Internet Society, specifically:
>>                     IETF-ISOC Funding Agreement (2020)
>>                     <https://www.ietf.org/media/documents/IETF_Funding_Agreement_-_Executed_-_20201123.pdf>
>>                     IETF-ISOC Funding Agreement Amendment (2020)
>>                     <https://www.ietf.org/media/documents/IETF_ISOC_Funding_Amendment_Amendment_-_20201222.pdf>
>>                     IETF-ISOC Funding Agreement Amended and Restated
>>                     (2024)
>>                     <https://www.ietf.org/media/documents/ISOC-IETF_Amended_Funding_Agreement_-_20240103_-_Redacted_Executed.pdf>
>>
>>                     These documents are accessible on the IETF
>>                     Administration LLC’s website at
>>                     https://www.ietf.org/administration/overview/.
>>
>>                     Could you kindly confirm whether the agreements
>>                     between the Foundation and the Internet Society
>>                     are also publicly available? I have been unable
>>                     to locate them on either website.
>>
>>                     I would appreciate it if you could provide a list
>>                     of the agreements to which you refer, including
>>                     the date of the agreement, the name of the
>>                     agreement, the signatory parties, and a brief
>>                     description of each agreement.
>>
>>                     I look forward to your kind response.
>>
>>                     Kindest regards,
>>
>>                     Olivier
>>
>>
>>
>>
>>                     On 20/09/2024 19:48, Ilona Levine wrote:
>>
>>                         Hi Olivier, thank you for your follow up
>>                         email.  You noted that you are aware of the
>>                         tax requirements that apply to supporting
>>                         organizations.  Mainly, those requirements
>>                         relate to supporting the mission of its
>>                         supported entities.  In this case, the
>>                         Internet Society.
>>
>>                         As part of that support, the Foundation
>>                         provides grants to other organizations that
>>                         have missions consistent with the Internet
>>                         Society’s in order to fund programs that
>>                         further the Internet Society’s purposes. The
>>                         Foundation also engages in activities that
>>                         support Internet Society directly. For
>>                         example, the Foundation engages in
>>                         fundraising and communication activities for
>>                         the benefit of the Internet Society.
>>
>>                         As you also pointed out, the Foundation is a
>>                         separate legal entity.  It is a controlled
>>                         subsidiary of Internet Society.  All
>>                         necessary legal documents, including
>>                         agreements, have been put in place to respect
>>                         the separate nature of the two organizations.
>>
>>                         I trust this answers your question.
>>
>>                         Best regards,
>>
>>                         Ilona
>>
>>                         *Ilona Levine,* SVP, General Counsel and
>>                         Corporate Secretary
>>
>>                         levine at isoc.org <mailto:levine at isoc.org>|
>>                         internetsociety.org | @internetsociety
>>
>>                         Donate today. <https://bit.ly/3nUsQmJ>
>>
>>                         *Help protect the Internet for everyone.*
>>
>>                         <image002.png>
>>
>>                         This communication is the property of the
>>                         Internet Society and may contain confidential
>>                         or privileged information.  Unauthorized use
>>                         of this communication is strictly
>>                         prohibited.  If you have received it in
>>                         error, please notify the sender by reply
>>                         e-mail and destroy all copies of the
>>                         communication and any attachments.
>>
>>                         *From: *Olivier MJ Crépin-Leblond
>>                         <ocl at gih.com> <mailto:ocl at gih.com>
>>                         *Date: *Friday, September 20, 2024 at 11:38 AM
>>                         *To: *Ted IETF <ted.ietf at gmail.com>
>>                         <mailto:ted.ietf at gmail.com>, Ilona Levine
>>                         <levine at isoc.org> <mailto:levine at isoc.org>
>>                         *Cc: *Chapter Delegates
>>                         <Chapter-delegates at elists.isoc.org>
>>                         <mailto:Chapter-delegates at elists.isoc.org>,
>>                         Sally Wentworth <wentworth at isoc.org>
>>                         <mailto:wentworth at isoc.org>
>>                         *Subject: *Re: Follow-up on Chapters Advisory
>>                         Council Meeting of 17 September 2024
>>
>>                         Dear Ted,
>>
>>                         thank you for your follow-up on this matter.
>>                         I am aware of the special tax terms in
>>                         relation to "supporting organisations".
>>
>>                         That being said, the Internet Society
>>                         Foundation is a distinct and separate legal
>>                         entity to the Internet Society, irrespective
>>                         of the relationship between them. As a
>>                         result, any outsourcing task undertaken by
>>                         one, for the other entity, would be defined
>>                         in a contract, whether written, verbal or
>>                         otherwise. If not, there is a lack of clarity
>>                         and expectations about the relationship,
>>                         which brings potential liability and risk
>>                         that both entities are subjected to, in
>>                         relation to the other's actions. Any lawyer
>>                         would tell you that it is highly advisable to
>>                         have a written contract, if only for legal
>>                         protection.
>>
>>                         Thanks for letting me know that you are
>>                         travelling. I am copying President and CEO
>>                         Sally Wentworth in case you're unavailable
>>                         for a length of time.
>>
>>                         Kindest regards,
>>
>>                         Olivier
>>
>>                         On 20/09/2024 13:12, Ted Hardie wrote:
>>
>>                             Hi Olivier,
>>
>>                             A supporting organization is a term of
>>                             art in US tax law, please see:
>>
>>                             https://www.irs.gov/charities-non-profits/charitable-organizations/supporting-organizations-requirements-and-types
>>
>>                             and
>>
>>                             https://www.irs.gov/charities-non-profits/section-509a3-supporting-organizations
>>
>>                             Explaining how the two relate is
>>                             complicated enough that there are legal
>>                             briefs on it; I have cc'ed the Society's
>>                             chief counsel in case you would like that
>>                             level of detail.  The summary, however,
>>                             is that a supporting organization is a
>>                             charity because it supports the
>>                             charitable purpose of the main
>>                             organization.  As a result, it can
>>                             provide services to the main organization
>>                             under the special tax rules noted above.
>>
>>                             Note that I am traveling and will
>>                             generally be slow to respond for a few
>>                             days, but hopefully the links above will
>>                             get you started and Ilona can provide
>>                             more detailed legal information as needed.
>>
>>                             regards,
>>
>>                             Ted Hardie
>>
>>                             On Fri, Sep 20, 2024 at 6:24 AM Olivier
>>                             MJ Crépin-Leblond <ocl at gih.com> wrote:
>>
>>                                 Dear Ted,
>>
>>
>>                                 During this week’s Chapters Advisory
>>                                 Council call, you mentioned that the
>>                                 Internet Society Foundation, as a
>>                                 "supporting organisation" of the
>>                                 Internet Society, is managing the
>>                                 communications department for the
>>                                 Internet Society.
>>
>>                                 Upon seeking clarification, you
>>                                 explained that the Internet Society
>>                                 Foundation comprises two elements:
>>                                 one philanthropic (grant-making) and
>>                                 the other as a "supporting
>>                                 organisation" of the Internet
>>                                 Society. "This implies that many of
>>                                 the supporting functions for the
>>                                 Internet Society as a whole are now
>>                                 part of the Foundation, primarily
>>                                 because the Foundation can provide
>>                                 these services to the Internet
>>                                 Society at no cost".
>>
>>                                 You further elaborated that this
>>                                 "arrangement" allows the Internet
>>                                 Society to allocate its budget more
>>                                 effectively.
>>
>>                                 I was previously unaware of this
>>                                 change. Although the Internet Society
>>                                 Foundation may have been designated
>>                                 by the Internet Society as a
>>                                 "supporting organisation" of the
>>                                 Internet Society, it remains a
>>                                 distinct and separate legal entity.
>>                                 Therefore, I assume that any
>>                                 "outsourcing" of responsibilities
>>                                 such as Marketing and/or
>>                                 Communications would be defined in a
>>                                 written "contract for services"
>>                                 between the Parties setting out
>>                                 (inter-alia) the terms, rights, and
>>                                 obligations of each Party. Could you
>>                                 please provide the terms for such an
>>                                 agreement and any limitations therein?
>>
>>                                 My principal concern lies in
>>                                 distinguishing between executing the
>>                                 Communications Plan and drafting the
>>                                 Communications Plan. These are
>>                                 fundamentally different tasks and
>>                                 would undoubtedly be included in the
>>                                 "contract for services".
>>
>>                                 The "contract for services" (together
>>                                 with any relevant supporting
>>                                 information) will be helpful input
>>                                 for both the Chapters Advisory
>>                                 Council and also for Chris Locke and
>>                                 his Team (including for the current
>>                                 "branding" presentations) in
>>                                 preparation for the promised session
>>                                 from Chris Locke to the Chapters
>>                                 Advisory Council.
>>
>>                                 I look forward to your response and
>>                                 to receiving a copy of the "contract
>>                                 for services" agreement, together
>>                                 with any relevant supporting
>>                                 information as requested above.
>>
>>                                 Kindest regards,
>>
>>                                 Olivier
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>     _______________________________________________
>>     As an Internet Society Chapter Officer you are automatically
>>     subscribed
>>     to this list, which is regularly synchronized with the Internet
>>     Society Chapter Portal (AMS): https://community.internetsociety.org.
>>     -
>>     View the Internet Society Code of Conduct:
>>     https://www.internetsociety.org/become-a-member/code-of-conduct/
>>
>
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