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

[Bob Jonkman]

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I need to meet with my accountant soon; let me ask what it takes for
an unincorporated association to become a Netfile developer.  And as I
understand, we're not going to be *filing* returns for other people,
we're developing Free Software to let people file their own returns. I
wonder if that makes a difference.

And if we're planning on formalizing LibrePlanet Ontario we should
probably find out what the FSF recommends. One thing for sure, we
don't want to become a Charitable organization. That prevents us from
engaging in political activity, which would restrict us from lobbying
government on Free Software issues, Net Neutrality, copyright law, &c.

- --Bob.


On 2016-06-29 05:22 PM, Blaise Alleyne wrote:
> 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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