[Dev] [donations] [due 2015-04-20] draft of agreement with ceata

[Tiberiu-Cezar Tehnoetic]

On 14.04.2015 18:08, hellekin wrote:
> *** The document looks good except for the Termination clause (7).  This
> leaves all assets of Parabola in the hands of Ceata if anything goes
> wrong between the parties.  I understand the legality of it, but there's
> an unnecessary incentive to break a successful cooperation.  I think the
> last point should be changed to benefit another "Successor" such as the
> FSF or the Free Software Conservancy, etc.  60 days is a very short
> notice to find a replacement.

I didn't put too much thought in it knowing the good intentions we have
at Ceata, but I admit it made me raise my eyebrow as this is another
dangerous clause in the agreement Conservancy uses.

https://sfconservancy.org/members/apply/ConservancyFSATemplate.pdf

Now I was going to agree with you, we can state that if the Successor is
not found in the 60 days, we transfer all funds to the Free Software
Foundation, but this would introduce two major problems:

First, transferring funds over the Atlantic (from an EU country to the
US) is expensive, think at least $100, and this only to make sure there
is a buffer until a Successor is found. It's possible $100 will be the
donations received by Parabola in 2 months. Lost. And other money lost
on the next transfer, to the final Successor (hopefully, on the same
continent ;-).

Second, it introduces a new party in our agreement (FSF), as you can't
make strings-attached donations to another organization without their
written permission. And if we have permission, then it means youhave
already found the Successor, FSF.

Instead, I propose we change that clause to something that says Ceata
keeps Parabola Fund blocked until a Successor is found. I doesn't cost
Ceata anything to keep Parabola's money in its bank account, at least
not more than it costs to keep its own money in its bank account.

So, if you or Ceata has decided our agreement is not extended or is
terminated before 1 year, and the 60 days have passed failing to find a
Successor, Ceata won't operate any new financial transactions on
Parabola's behalf. After you find the Successor and we do the papers, we
make the transfer to the Successor's bank account. That's it. You are
motivated to not postpone finding the Successor because you can't use
your money until you find the Successor, Ceata will not act anymore as a
fiscal sponsor (but I don't think it will be the case :-).

So, what do you think about this proposal?

-- 
Tiberiu-Cezar Tehnoetic
Președinte, Fundația Ceata
+40-761-810-100

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