[WikiFR-l] Re: [Wikipedia-l] precisions in translation

Mer 12 Nov 13:55:59 UTC 2003

From: "Anthere" <anthere6 at yahoo.com>
> Jimbo said
> >> What would be required for the
> >> existing Wikimedia Foundation to register as a
> >>French nonprofit, or to
> >> setup a French affiliate organization.
>
In the spirit of comparative law and trying to determine
a general paradigm for the development of international
Wikimedia Foundation branches
I've checked the laws in England and it is not possible
to use a foreign not-for-profit corporation as a charity within
England.
http://www.charity-commission.gov.uk/registration/default.asp
It must be set up as a local charity.

So while Wikimedia could register an office as a "company"
under the Companies Act 1985, it would not be a charity.
It could operate a server then in England, or establish an
office there that would be under direct control of Wikimedia.
Regarding the soliciting of funds, however, in England, at least,
it would be necessary to set up a separate corporation, trust,
or association and apply to the Charities Commission to
register that Charity (note that they have a £ 1,000 minimum
requirement, i.e. a charity that only raises one thousand pounds
per year does not need to be registered similar to the US
IRS $5,000 per year minimum).

It would seem to me that the general paradigm is either, register
as a foreign charity (where possible) or create a local entity
that is contractually bound to Wikimedia (i.e. trademarks,
compliance with GFDL, etc.) and the local organization will
have some contract with Wikimedia regarding payments, etc.
Some discretion will have to be placed in the hands of the
trustees of such a local entity.

> It would be nice to know how the huge ngos for example
> do in this kind of situation.

Perhaps there can also be a Wikimedia International
that becomes an umbrella organization for all local Wikimedia
Foundations?  I have seen this done by more than a few
international organizations, they have a local branch such
as Oxfam GB, Oxfam USA, Oxfam France,  and then there is
also a Oxfam International. They all have the same principles
in their charters but local trustees (directors) to supervise
the activities of the charity in the local jurisdiction including
making payments to help support the international entity.

Alex756