[D-Space] Moving forward

[alex]

On Mon, 6 Dec 2010 10:34:07 +1300, Paul Campbell <paul at taniwha.com> wrote:
> Yesterd after we looked at the space 
....
The space will be fantastic once we start using it :)

> 
> We talked about what sort of structure we would create 

...
> - form an incorporated society
> - form a charitable trust
> 
> they're basically incompatible, you can't convert an incorporated society
> into a 
> trust. The main differences between the two is that you need 15 members
to
> form 
> an incorporated society (there are currently 12 of us on this list)
> compared 
> with 5 board members to form a trust - and a society has an advantage in
> that it 
> can have a more traditional governance (a board and members) while a
trust
> just 
> has a board (no members).

I like the incorporated society path better, the structure suits us more
than a charitable trust.  Both can be registered as Charities with the
charities commission if we meet their criteria.

> There is a path that I think suits us - there's a provision in the
> "charitable 
> trusts" act in which an unincorporated society (ie a just bunch of
people)
> can 
> convert into a charitable trust - for a large organisation where it
doesn't
> make 
> sense to have all the members on the trust board we can have the board of
> the 
> society be "trustees for the general purposes of a society".
> 
> (ref:
>
http://www.societies.govt.nz/cms/charitable-trusts/learn-about-charitable-
>
trusts/what-are-the-differences-between-incorporation-of-trustees-as-a-board-or-
> of-a-society-as-a-board)
> 
> I propose that we:
> - form a board and unincorporated society (basically a bank account) -
> we're 
> doing this
> - start soliciting members
> - convert our assets into a charitable trust with the board of the
> incorporated 
> society being the board of the trust - this board can be elected
> 

I agree in general, but we don't have to decide between Charitable trust
and Incorporated society until we incorporate.

> Charity's have to meet some specific types of goals - we fall under the 
> "educational" and "beneficial to society" clauses.
> 
> Forming any of these cost money - $100 in fees plus possibly a lawyer's
fee
> - we 
> need a trust deed - I've been researching similar organisations (there
are
> a 
> bunch of "mens sheds" charitable trusts - we may be able to simply copy
one
> of 
> those and make the appropriate changes - I don't know if copyright
attaches
> to 
> such public documents
> 
> (search for "mens shed" on http://www.societies.govt.nz/cms/customer-
> support/learn-about-our-online-services/banner_template/SOCAGENT for some

> examples)
> 

I have been involved in organisations incorporating, where we have
cut-n-paste from others' rules/ deeds.  There should not be a need for
legal fees IMO.  I think we should be able to do the accounting work
ourselves as well if there is someone willing.

> A name: we really need a name - I'm going to open a bank account for the 
> "Dunedin Makerspace" but honestly that's boring ... I've thrown a silly
> idea on 
> the wiki - please brainstorm and throw some others up there
> 
> We also talked about having a meeting of some sort this week - more of a
> general 
> meeting rather than just a board meeting - when is good? tomorrow's a bit
> soon, 
> Wed is DUNlug (shall we just go downstairs at the pub for a while? 7pm?)
- 

Subgroup of DUNlug, 7pm Wednesday suits me.

Cheers,
Alex