Topic: Legality of Transfer of assets from SME ?

[purvis]

Because of a locked thread on some voting. I am posting here.

From previous experience of an effort in a non profit organization to sell it's assets equaling millions of dollars and cash on hand equaling miliions of dollars.
The president and chairman of the board called for an illegal Vote by the board of directors to sell the non profit organization to themselves.  The vote by the board of directors passed.

The vote has to come from its membership and not the board of directors to do that.
Even though I don't see SME as owning much now.
I don't think the board of directors do not have any right to transfer ownership to another organization under less a proper vote with proper time to be notified and proper time to vote is given.
That usually means two months at the minimum of time.

From a lawsuiit to the hostile effort, to sell the non profit organization and it's  assets to another entity was denied in court and the desicision was upheld in an appeals court.

At this point I do not really know much the stuff that had taken place in the beginning of this year. But it sure did look self serving from the offset by not having much input but by a select group of people.
In my heart I feel they were trying to do something good and meaningful.
But I do not believe it was done in the proper way.
I suppose either through not knowing better or through dispiration, this all came about.

In USA, if any transfers of SME organization has been made or is trying to be made to liquidate or trade assets to another non profit.
From the knowledge that I have now.
I doubt it was legal to do so.

I also doubt if any organization has the right to receive any  monies that it collected from donors or matter of fact any and all assets including money of any kind that belonged to SME.

My intentions of these words are to warn of possible issues that I feel likely exist but may not.

[purvis]

To put these words simply.
If Koozali is not the same organization of contribs.org or whatever the organization name of the SME organization. Then it has no rights of any here or to any assets tangible or not. And has no rights to conduct its business here.

If in some way Koozali is an organization such as a DBA of SME. That would be another story.

[newburns]

Is this true? SME is privatized now?

[Stefano]

NO

[janet]

purvis

I think you should stop talking nonsense about something you admit you know nothing about !

Get your facts straight & at least show you investigated the topic & have adequate knowledge of it BEFORE you start making nonsensical claims.

Your very wrong, inappropriate & inapplicable statements only inflame gullible people like newburns.

What you are saying is like claiming the President of USA is a Russian spy, terrible if he was, but we all know he is not, so why even propose it ???!!!

[newburns]

Gullible?!?

Snap on Purvis, not me. No need to call names here.

[purvis]

I am really tired of Janet's name calling or is it Mary.
And it is actually more than her name calling.
If she does not like what somebody thinks or writes.
She goes on a wild tangent.

I really want to give her a piece of my mind.

I have made a decision already before to just neglect her posting.
She must also think she is an psychologist because she demonstrates she that on post toward people telling them what kind of people they are.

Here in Louisiana we have names for people who demonstrate such behavior like she is doing.

Sorry fellas, I not taking her crap. She is out the box and thinks she can write her mind.
I have been subject to her bad conduct before and I see she has done the same to others even worst.,  and I did not say anything. But I am now. Thiis is the second or third time she has attacked me and it is not right.

[newburns]

Janet is Mary??!!
Well I have to jump off this boat. Mary and I have a relationship that is understood. Although some may see it as harsh, Mary and I actually have some good times together.
I am no longer offended if this is Mary.

http://forums.contribs.org/index.php/topic,48635.msg241758.html#msg241758

[purvis]

Most of you likely understand the point I wrote about.
Assets also mean data.
The question remains on the tab about organization ownership.
If improper ownership of assets where made. This can have big implications in the future if not already.

I do understand the operating in a financial crisis mades one sort of try to cut the edges.
But things are what they are and laws of organization are what they are.

I have been busy and did not realize what might have happened in the beginning of what was under development when this Koolali came to be.
Seems I did not login for a few months and found a lot of things had happened to the organization.
Or I would of said these things much earlier.

This thread is not about Shad at all. Matter of fact I want to thank him personally for his unselfish and financial support

[Stefano]

purvis,  what about starting with a big donation?

I see many people here barking but no one has voted or made a donation

Let's  see the money..

[johnp]

I am down with anyone who volunteers to help this community move forward. The only assests I see are the people who help support. My background is from the Mitel side, I knew about e-smith before their purchase, but joined this community after Mitel basically discontinued the all in one webserver to utilize it's strenghts for their own apllications.

I came here to increase my understanding of the interworkings of something I would be making my living on. If it wasn't for the people here, I would have to had spents numerous hours with tech support.

It has been my experience from day one, that their hasn't been any or much of any true leadership, and to question those that will volunteer to provide it has me wondering WTF. If it wasn't for people like Shad, Charlie, Mary(Janet), Stefano....etal, there would be no community and this distro would have gone by the wayside.

FWIW, I voted to support the current volunteers without any regrets.

[purvis]

Stefano, you made same inappropriate statements in this year to the same effect just more child like in the previous statements.
I have donated in the past, but that is none of your business is it.
I chose not to correct you then when you put a similar but more rudely post up.

I also do not appreciate the fact that you and Janet wish to misdirect attention from my original post, which is what I feel you both are doing.

 

[johnp]

You should list the tangible and intangible assests, as you see them. Then we may be able to debate the issue IMHO.

[johnp]

Like I always say, The Who may have been born with a plastic spoon, but I was born with a shoehorn in my mouth. 

[purvis]

Support is not what i am referring to in my original post.
I am not even sure who actual knows who are members of this organization and who are not. That can be an issue when it comes to voting as to who has a right to vote and who does not.
If I am not a member that has voting rights, that does not bother me.
What does bother me, or deserves the question of ownership of certain rights.
If these rights are vague and possibly not legal, then there should be concern by all.
I am not saying here that the sky is falling.
I am disclosing what might be a problem.
This had crossed my mind when the location of the data of this community had changed and there was apparent concerns by the Koozali directors of who sad they owned the data and where it was located and other sorts of possible director's questions to managing the data.
Koozali Foundation may not even own the data or other assets what belonged to the contribs.org or whatever the organization name is called.

This is not a fun topic for me to write about. But I have seen large legal issues of who has control, ownership, etc and who has the right to make legal decisions concerning assets of various types.
I feel there had to be discussion of this sort by certain key members and who ever the directors might have been.
But there is a chance the discussion of this sort never was covered by those individuals and/or no actions taken concerning assets and their proper handling in a legal way.
I am like most of you who would prefer that legal matters would not exist.
But if there did not exist of a clear legal method to transfer or control assets, it would seem to me Koozali Foundation may have problems with right of ownership already that they are not aware of.

With hind sight, and not knowing the full details of whatever the Koozali Foundation actual is, I think it was not the best judgement to try to start another organization if that is what happened. Instead the current organization at the time could of branded the software Koozali without the creation of a new organization if that is what took place.
Like i said, that is all hind sight, but still yet, if things are not done in a proper way. Issues will come from this in the future if not already.