[Wikipedia-l] precisions in translation

Wed Nov 12 13:32:49 UTC 2003

Perhaps it is not a question of setting up a new organization,
but merely registering Wikimedia in France as a foreign
corporation so that someone in France or some other EU
jurisdiction can act for Wikimedia (i.e. basically be the
local agent for Wikimedia)? This would be a Wikimedia
"branch". Isn't "branch" an accurate translation of "filiale"?

Here in the US there are provisions in state law that allow
"foreign not-for-profit corporations" to conduct business
in the US under the law. I don't have time to do full research
right now, but I can't imagine that it is not possible for a foreign corp.
to conduct business in at least certain European jurisdictions
such as Great Britain.
http://ws2.companieshouse.gov.uk/ias/company_names_-_english.html

Here is the example from the Not for Profit corporation law of
New York state that allows foreign corporations to act and
register in New York state:

§ 1301. Authorization of foreign corporations.
    (a)   A foreign corporation shall not conduct activities in this state
  until it has been authorized to do so as provided in this  article.    A
  foreign  corporation  may  be  authorized  to  conduct in this state any
  activities which may be conducted lawfully in this state by  a  domestic
  corporation,  to  the  extent  that  it  is  authorized  to conduct such
  activities in the  jurisdiction  of  its  incorporation,  but  no  other
  activities.
    (b)   Without excluding other acts which may not constitute conducting
  activities in this state, a foreign corporation shall not be  considered
  to  be  conducting  activities  in  this state, for the purposes of this
  chapter, by reason of doing in  this  state  any  one  or  more  of  the
  following acts:
    (1)    Maintaining  or  defending  any  action  or proceeding, whether
  judicial,  administrative,  arbitrative  or  otherwise,   or   effecting
  settlement thereof or the settlement of claims or disputes.
    (2)  Holding meetings of its directors or its members.
    (3)  Maintaining bank accounts.
    (4)    Maintaining offices or agencies only for the transfer, exchange
  and registration  of  its  securities,  or  appointing  and  maintaining
  trustees or depositaries with relation to its securities.
    (5)  Granting funds.
    (6)  Distributing information to its members.
    (c)   The specification in paragraph (b) does not establish a standard
  for activities which may subject a foreign  corporation  to  service  of
  process under this chapter or any other statute of this state.
    (d)  A  foreign corporation whose corporate name is not acceptable for
  authorization pursuant to sections 301 and  302  of  this  chapter,  may
  submit  in  its  application  for authority pursuant to section thirteen
  hundred four of this chapter, a fictitious name under which it shall  do
  business  in  this  state.  A fictitious name submitted pursuant to this
  section shall be subject to the provisions of subparagraphs 2 through  9
  of  paragraph  (a)  of  section  301  and section 302 of this chapter. A
  foreign corporation authorized to conduct activities in this state under
  a fictitious name pursuant to this section, shall  use  such  fictitious
  name  in  all  of  its  dealings  with the secretary of state and in the
  conduct of its activities in this state. The provisions of  section  one
  hundred  thirty  of  the  general  business  law  shall not apply to any
  fictitious name filed by a foreign corporation pursuant to this section.

Perhaps someone can review the French law and find out what is
necessary to make such a registration in France.

NB Wikimedia Foundation Inc. is not an "association" but a
company or corporation under the definitions commonly used
in most jurisdictions.

Alex756

----- Original Message ----- 
From: "Anthere" <anthere6 at yahoo.com>
To: <wikifr-l at wikipedia.org>; <wikipedia-l at wikipedia.org>
Sent: Wednesday, November 12, 2003 1:51 AM
Subject: [Wikipedia-l] precisions in translation

> Jimbo said
> >> What would be required for the
> >> existing Wikimedia Foundation to register as a French nonprofit, or to
> >> setup a French affiliate organization.
>
> Yann answered
> >Set up a French non profit is very simple. You need
> >three people (a president,  a secretary and a treasurer), to draft some
status
> >(many exemples are available on the Net) and to pay about 25 euros for
> >registration. I have done  this already several times.
>
> I think this is not what Jimbo asked. He asked how the
> currently american foundation could register a
> "filiale" (related society) in France, so to be able
> to pay for hosting server, receive donation, purchase
> domain name.
>
> I think you answered only on how to set a regular
> foundation, which is different.
> I think he is looking for information about how
> setting a "filiale" is possible, not a french
> organisation. This is the notion of "association
> étrangère" where the main part of the society is out
> of our territory.
>
> What are the legal requirements to do that ?