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From Wolf Halton <wolf.hal...@gmail.com>
Subject Re: Fundraising
Date Mon, 15 Aug 2011 21:27:09 GMT
I am not a lawyer, but I have watched people play lawyers in tv shows.
 :-)  I have been involved with church groups who handled their
finances this way, but I cannot give legal advice to set it up.  We
may have an attorney or 2 on the list here, and I was hoping one might
pipe up.

On Mon, Aug 15, 2011 at 5:55 AM, Daniel Shahaf <d.s@daniel.shahaf.name> wrote:
> Would a for-profit be able to retain Section 8 in the license?
>
> Wolf Halton wrote on Mon, Aug 15, 2011 at 05:35:57 -0400:
>> One way th handle the issue is to have both a non-profit and a for-profit
>> arm to an organization.  The NGO foundation side handling education and
>> development issues and the for-profit side handling everything else.
>> Plainly, this might not be a viable option to us for half a dozen reasons;
>> from a perceived dilution of the "brand," to alienating developers.  It
>> would work in a sense just like any other for-profit company offering
>> support for an NGO, but would have the added benefit of making it easier for
>> other companies to help, as they could hand money over to the for-profit
>> Apache Inc in an extremely straightforward manner - payment, not donation.
>> This makes it no harder to get a tax break on the moneys so offered, as
>> "professional services" is still a deductible expense, just as "donations"
>> are (in some cases).
>>
>> On Mon, Aug 15, 2011 at 5:05 AM, Daniel Shahaf <d.s@daniel.shahaf.name>wrote:
>>
>> > I don't have any specific comment on this; you might talk to fundraising@.
>> >
>> > Ian Lynch wrote on Mon, Aug 15, 2011 at 09:52:40 +0100:
>> > > On 15 August 2011 02:20, Daniel Shahaf <d.s@daniel.shahaf.name> wrote:
>> > >
>> > > > Raphael Bircher wrote on Sun, Aug 14, 2011 at 08:01:45 +0200:
>> > > >
>> > > > > I assume that a donnation to the ASF is only tax-free in the
US.
>> > > > > Every Country has here there oven criteria. That's the reason
why
>> > > > > Wikipedia has NGO's in each Country. It means, donnation to the
ASF
>> > > > > will not be Tax-Free in Switzerland.
>> > > >
>> > > > I'm aware of one case of an entity incorporated in Europe having wanted
>> > > > to donate to the ASF but faced tax issues in the process.  They ended
>> > up
>> > > > supporting the project in other ways.
>> > > >
>> > > > BTW: I don't see ASF having NGO's in each country.  Having one NGO
is
>> > > > enough overhead...
>> > > >
>> > >
>> > > In the UK you have to be a registered Charity with a board of trustees
to
>> > > get tax relief on donations. Setting up a charity is much more involved
>> > than
>> > > setting up a company. Many non-profit companies are either CICs or
>> > companies
>> > > limited by guarantee rather than limited companies with shareholders. One
>> > > reason why we are a straight limited company is that unless we were a
>> > > charity there really isn't much advantage.
>> > >
>> > > One other method of getting resource into the projects is through EU
>> > grants.
>> > > Over the last 2 years I have written 3 successful applications with a
>> > grant
>> > > value of about 800,000 Euros.  Unfortunately, the recent OpenOffice.org
>> > > application failed, but that was on a legal technicality because the
>> > > submitting organisation in Germany was not the right type of legal entity
>> > > :-( The application was deemed to be good enough. So I propose that we
>> > put
>> > > in at least 2 versions of this through 2 different teams to different
>> > > National Agencies. One for Apache OOo and one for LibO. Since the
>> > > application is based on certification of end users we could "clone" this
>> > > application further eg to other Apache projects that could benefit from
>> > > skills certification or more generally other FOSS projects such as
>> > Inkscape,
>> > > GIMP, Audacity etc. If anyone has any suggestions for Apache projects
>> > that
>> > > could be candidates, or better still interest in running such a project
>> > > please speak up. You need to be able to apply through a legal company or
>> > > public sector body in an EU country. We can get grant funding to meet and
>> > > plan and I will provide whatever support is necessary. I can find
>> > partners
>> > > in a range of EU countries.
>> > >
>> > > We can apply for these grants each year (unless the EU changes the
>> > system).
>> > > If we can use these to get viable certification programmes for FOSS
>> > going,
>> > > that can then generate further income in perpetuity. It's low risk
>> > because
>> > > the grants are not money that has to be repaid but it is in our (FOSS)
>> > > interest to set up a sustainable business so that we are not dependent
on
>> > > them in the future.
>> > >
>> > > --
>> > > Ian
>> > >
>> > > Ofqual Accredited IT Qualifications (The Schools ITQ)
>> > >
>> > > www.theINGOTs.org +44 (0)1827 305940
>> > >
>> > > The Learning Machine Limited, Reg Office, 36 Ashby Road, Tamworth,
>> > > Staffordshire, B79 8AQ. Reg No: 05560797, Registered in England and
>> > > Wales.
>> >
>>
>>
>>
>> --
>> This Apt Has Super Cow Powers - http://sourcefreedom.com
>



-- 
This Apt Has Super Cow Powers - http://sourcefreedom.com

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