Re: [lp-ca-on] Fwd: Software developers applications for T1 NETFILE

[Blaise Alleyne]

On 29/06/16 03:10 PM, Allan Zhang wrote:
> [...] Greg, will you be submitting on LP's behalf?
> 
> What is the authorization protocol for doing things on LP's behalf?
> 

I have no idea. We're not an incorporated entity or anything... but it looks
like there is such a thing as an unincorporated association in Ontario.

Carter's Charity Law is a solid resource on charity and not-for-profit law in
Ontario and Canada. Here's an excerpt from their book (maybe an old edition?):
http://www.carters.ca/pub/book/2002/LCNPOch2.pdf

""" p. 40
An unincorporated association is a relatively common legal structure for a group
of persons to use. It is, essentially, an agreement among a number of persons
which articulates their common purpose, establishes an organization to achieve
that common purpose and sets out how that organization is to be operated to
achieve that purpose. The relationship among the persons is contractual in 
nature.

The courts sometimes refer to these organizations as "voluntary associations".
An organization is made up of “members” who agree, implicitly or explicitly,
with the common purpose. [...]

[...]

The organization may be set up formally or informally, depending upon the
needs of the members. Associations may also evolve out of a relationship among
a few individuals and, over time, take on the formal characteristics of an
association. At the informal level, the relationship may be based on an
"understanding" but later on a written constitution or by-laws are developed.

[...]
An association has some of the characteristics of a partnership but it is not
one. A partnership is established with the intent of carrying on business and
making a profit. An association may be used to discuss commercial matters, but
its purpose is not to carry on business activities or to make a profit.
"""


Right now, I think it's accurate to say that LibrePlanet Ontario is an
unincorporated association, with a very informal set up, an understanding that
we're all together for the common cause of promoting and furthering software
freedom in Ontario and beyond.


The NETFILE application though specifically says: "name of corporation,
partnership or sole proprietor." An unincorporated association is none of those.

Maybe, first, we should ask the CRA: can we submit an application on behalf of
an unincorporated association?

If it's yes, maybe we can do so through this mailing list alone. If it's yes,
but only if there's some more formalities, maybe we need to consider those
formalities.

I think incorporation is overkill at this point, so if we can't apply as an
unincorporated association, then perhaps some or one of us should apply as
individual sole proprietors?

IANAL!

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