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RE: [wg-review] [IDNH] Criteria for Membership


Philip,
I would like to thank you for your well thought out and considered response to the proposal and no doubt you will appreciate that I can only give you my personal view in answer to your questions.
Joanna
 
-----Original Message-----
From: owner-wg-review@dnso.org [mailto:owner-wg-review@dnso.org]On Behalf Of Philip Sheppard
Sent: Wednesday, January 10, 2001 8:43 AM
To: wg-review@dnso.org
Subject: Re: [wg-review] [IDNH] Criteria for Membership

Joanna,
I have a question of clarification on the proposed IDNH membership criteria.
Where is the distinction between a member of other users constituencies and the IDNH?
[Joanna Lane]  The proposal has defined who IDNH cares about and is there for all to see the clear distinction between its membership base and those of other constituencies whose centers of interest are not specifically focused on representing the interests of the individual domain name holder.
 
Example:
1. I own 500 domain names and sell them as part of my business. But I hold them in my own name not as a registered company. I chose not to join the Business Constituency. But I can join the IDNH ?  Is this correct? 
[Joanna Lane]  Yes, I wouldn't disagree with that.

If the distinction is individual (for commercial purposes) v. organisation (for commercial purposes), where does the UK legal concept of sole trader come in (the right to trade as a business in your own name) ?
[Joanna Lane] Interesting point. For those that don't know, (and to oversimplify the model), *sole trader* is an accounting term recognized by H.M.Inspectors (IRS) and Financial Institutions (banks). It allows an individual to separate business income and expenditure from personal records by opening accounts using a trading name (any name actually) without forming a Limited Liability Company. Typically, these are freelance tradesmen, technicians, engineers, designers, secretaries etc. providing services on a project by project basis, who are taxed on their income as any other individual would be who is self-employed. So far as I know, there is no obligation on a person to register, but the benefits include cost effective accounting practices and good relations with the relevant tax authorities. It would be correct to say that some people register their own name as their trading name, but certainly not all.
 
Let's say our fictitious hero, John Smith, is a man with a van (truck), trading as JS Moving Solutions, and has paid for his domain name from his business account and registered the domain contact as JS Moving Solutions (as would be best accounting practices) and now wants to join IDNH. I guess the question would be how can he meet the membership criteria? Easy. It is a legal requirement for all financial institutions to overprint the records of a sole trader with the name of the individual behind the business name, hence in this case, John could submit a bank statement or check in support of an application made in the name John Smith and on these items his name would appear in the form of "John Smith T/A JS Moving Solutions." which I would say clearly identifies him as an individual to meet IDNH criteria.
 
Is the motivation for holding the name irrelevant with respect to IDNH membership?

[Joanna Lane] Let me put it this way. I don't foresee the IDNH budget proposal including professional fees for a psychoanalyst. Motivation is extremely subjective.
 
 
2. Duplication. I own a domain name. I also represent my organisation in another constituency. The organisation is a member not me. Can I join the IDNH ?
[Joanna Lane] No, sorry, you are a member of another constituency. It's a choice.
 
3. Is the distinction with non-coms the same? ie Individual v. organisation as the domain name holder?
[Joanna Lane] What possible case could there be for it not to be the same?
 
 
Philip.
 


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