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To: gentoo-nfp@g.o
From: "William L. Thomson Jr." <wlt@...>
Subject: Re: List of items to be addressed by audit
Date: Tue, 29 Mar 2011 15:44:37 -0400
On Tue, 2011-03-29 at 20:32 +0100, Roy Bamford wrote:
snip..
> Just doing it, to the neglect of other things, 
> is not the way forward. The audit is important but its not the only 
> thing that is important to the Foundation.

I do not know how I can get the point across that NOTHING else matters
more than this. This an emergency situation, and you all need to treat
it as such, and not discard or discount this stuff.

IT NEEDS IMMEDIATE ATTENTION and all other matters should be set aside
till corrected. I cannot emphasis the consequences of such!

> The way the Foundation appoints officers is stated in the bylaws 
> http://www.gentoo.org/foundation/en/BylawsAdopted.xml

Please don't quote me the bylaws, which I help to author and did an in
depth review on this list back in 2008. I am very familiar with all
that.


> I don't understand your misconception that there can only be four 
> officers. The bylaws, quoted above, stipulate a minimum of three but 
> there is no maximum.

I know the US laws, and you can only have so many on file with the
state. Your miss conception is your focusing on Gentoo internals,
ignoring how business are structured in the US.

> I think we will have to agree to differ over the optimum number of 
> trustees. The Foundation started out with 13 and as we all know, that 
> didn't work very well. 

Again the articles of incorporation state such, you can argue with that
all you like. Bylaws are moot, and articles are on file with the state
usually.

> You state that the timing of an audit is 'not acceptable'. I feel I 
> must point out "Section 3.12. Action by Members Without a Meeting." of 
> the bylaws in case you should wish to take further action within the 
> confines of the Gentoo Foundation.

Look the State and IRS will care less about Gentoo bylaws or other
matters. You really need to understand such.

Don't take it from me, go hire and consult with a CPA in the US. They
will tell the you same thing. Gentoo is in grave danger, just no one
knows this. Please listen to what I am saying, and head the warning. I
am not going to bring anything about. But I cannot stop the State or IRS
from doing their duties.

It took the state several years to revoke the charter. That might happen
again, permanently!

-- 
William L. Thomson Jr.
Obsidian-Studios, Inc.
http://www.obsidian-studios.com




Replies:
Re: List of items to be addressed by audit
-- William L. Thomson Jr.
References:
Re: List of items to be addressed by audit
-- Roy Bamford
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Updated Jun 18, 2012

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