Governing Articles of Association for Legal Bodies
1. BENEFICIARY ACCESS
An E-Tenant shall have an authenticated authorization to the data registry of the network's Embedded Knowledge Base(EKB) for beneficiaries who are natural persons, including but not limited to all of the natural persons who are affiliated with the E-Tenant, in accordance with the local business laws.
Beneficiary of the Institution may be an Officer, A Board Committee member, an employee or customer or consumer of the E-Tenant's international activity/industry code.
All natural persons who are affiliated to the Tenant, in accordance with the provisions of local law, shall have an activated access to the electronic residency, once an institution's tenancy is activated.
All such natural persons, who are affiliated to the Tenant, and have access to the Foundation's open convention shall have derived membership rights through electronic residency e.g. ability to activate Electoral Charter.
2. APPOINTMENT OF A SPECIAL REPRESENTATIVE:
An E-Tenant shall nominate and appoint at least one(1) representative member(a natural person or a group of natural persons who are affiliated with the E-Tenant, in accordance with the local business laws) to the Open Constitution body: Observers Council.
Any such representation shall be duly authorised by the governing body of the E-Tenant in accordance with the local law.
Any such representation of a duty-bound nominee shall have received signatory rights on behalf of the E-Tenant, in full compliance with the local law.
An E-Tenant e.g. an institution may appoint e.g. a Board Committee or an Officer or an employee of the institution to the Observers Council.
Any nomination, appointment, or termination of the representative shall follow the Articles of Association of Natural Persons: Observers Council, and subsequently, any change of representation shall also be ratified in accordance with the Global Statutes.
2.1 ROLE OF A SPECIAL REPRESENTATIVE APPOINTEE(S) IN NETWORK TENANCY:
2.1.1 At least one(1) representative Appointee shall be appointed, and who shall have the powers to represent and legally bind the E-Tenant in availing the authenticated authorization to the data registry of the Embedded Knowledge Base(EKB) of the Open Constitution AI network, maintained by the Foundation.
A Special Representative Appointee shall have the powers to propose governance motions for contributing ''Work'' to the lifecycle of the Embedded Knowledge Base(EKB) of the AI network, by participating in conventions with ordinary voluntary members of the public association(other E Residents) and other E-Tenants, by means of activating a project tenancy.
The E-residents of the AI network contribute through the Contribution Delivery Subnet, where the E-tenant also contribute. The AI on the network is reduced to practice in open source, through the attribution of Open Constitution Network's License.
2.1.2 Waiver of Indemnification: The Special Representative Appointee discharges any responsibility to the public association within the purview and scope of these Global Statutes: Articles of Association of Legal Bodies: Open Constitution.
Subject to the condition of clause 2.1.1, in managing the authenticated authorization, this article declares that the representative Appointee expresses an explicit Waiver of Indemnification rights, generally granted to any natural persons appointee on the network, for activities on the network.
i.e. Representative Appointees are liable within the compliance framework of their Institution when they access Project Tenancy. But their actions may influence the network, whether accidental adversity or for good. Therefore, the legal liability and privilege are associated with the institution(read E-Tenant) to which the representative appointee is affiliated, and not the natural person themselves.
In matter(s) concerning the Network Tenancy or any communications or publishing or release proceeding(s) thereof shall take place in accordance with the active Charters of these Global Statutes. An E-tenant is a recognized member of the public association as much as a natural person( a human member) is, except the legal personhood and the capacity of the legal personhood varies between the two. While the latter, an E-Resident(a natural person) is accorded indemnification privillege when serving on behalf of the Public Association, an E-Tenant is not accorded such indemnification due to the transparent conflict of interest of core pursuit. The E-Tenant exists in the AI network framework to avail benefits for their associated beneficiaries. But the activites of E-Tenant, including participating in the Open Constitution Network is based on the legal status of the body.
2.1.3 Waiver of Confidentiality: It is at the discretion of the Special Representative Appointee whether an explicit waiver of confidentiality remains, increased or diminished in connection to each exchange of any confidential information, and any material thereof between the E-Tenant and the Network through the authenticated authorization
Maintaining Trust and Appropriate Confidentiality Status. It is important for Special Representative Appointees to exercise caution when sharing information to the network, and apply the data residency policies of the AI network before committing change requests on the Contributions Delivery Subnet.
3. TENANCY CONVENTION:
Subject to the covenants and provisions of Article 2 above applicable for the appointment of the Special Representative Appointee, all the beneficiaries, affiliated to the E-tenant shall have naturalized rights to Foundation E Residency as if they were ordinary voluntary members of the Foundation.
3.1 TENANCY CONVENTION:
The Special Representative Appointee(s) to the Observer's Council shall organise a Tenancy Convention. The primary mode of Convention shall be an Electronic Mode unless otherwise amended by the Executive Council.
If the Tenancy Convention proceedings took place outside the Contributions Delivery Subnet, then the meeting minutes must be brought back to the notice of the Executive Council, otherwise, the convention proceedings may not be generally admissible in the Global Statutes: Article 1: Open Convention
The members communicate via cryptographic electronic communications systems and technology tools. In connection with the electronic meetings convened by members of this council, the Foundation or Network's IT infrastructure shall only be used to record meeting minutes.
Notice: Read the Acceptable Usage Policy
Read Open Source Policy
Subject to the covenants and provisions of Article 1 above, the Foundation shall record and account the tokenized and authenticated authorization to the beneficiaries affiliated with the E-Tenants, through the provision of a token. The token shall be stated to expire, and its validity shall be exhausted on the network upon the dissolution of the E-Tenancy, as prescribed in Article 5 below.
Digital Services Credits as Tokens:
Representative Appointees of E-Tenancy bodies shall activate a Project Tenancy Account in the Foundation’s Open Bank Portal to receive Digital Service Credits.
Digital Credits( hereby credits)
Credits record the authenticated authorization to the Open Constitution AI Network and the Tenancy Convention.
Credits are a record of E-Tenant service requests for availing dedicated and Managed services of the co-operative of the Foundation (read public association or the Open Constitution AI network services).
The Special Representative Appointee shall constitute a Tenancy Project whose underwriting, incubation, andgovernance proceedings shall be convened using the Articles of Association: Open Constitution.
5. DISSOLUTION OF NETWORK TENANCY
It is at the discretion of the Executive Council or Steering Council to remove an E-Tenant from the Open Constitution Network.
The Governing body of the E-Tenant, duly recognized by the applicable local law, can also dissolve the Network tenancy by giving notice to the Foundation in accordance with the Global Statutes: Articles of Association: Open Constitution AI Network.
A provision shall be made for the Special Representative Appointee of the E-Tenant to archive the Tenancy Convention, as articulated in Article 3.1 above.
The representative Appointee shall have rights to archive an Open Convention for the future records of the Public Association.
However, the appointment of the Special Representative Appointee(s) shall survive the dissolution of the network tenancy, until the electoral appointment runs its natural course or Term or duration, in accordance with the Global Statutes: Articles of Association of Natural Persons, Articles of Association of Legal Bodies.
The Open Ballot proceedings govern the termination of the E Tenancy account, akin to the removal of a member from the Foundation, as if a violation of these Articles of Association of Legal Bodies has taken place or as if a voluntary removal from the Association is sought after.
6. OPEN TRIBUNAL
(i) Mediation and appointment of arbitrator:
Any dispute/difference and/or claim arising out of or in connection with the legal interpretation of the Global Statutes or an interpretation of any subsequent agreement between the 'E Tenant' and any registered agent of the Foundation shall be resolved amicably between the authorized representatives of the disputing parties, failing which:
Special Representative Appointee(s) (on behalf of E Tenant) or any other Representative duly appointed by the E-Tenant
Independent Board of the Fiscal Host of the Foundation
such dispute/difference and/or claim shall be resolved by the arbitration of a sole arbitrator, to be nominated and appointed to an Open Tribunal, by the Observation Council of the Foundation, to which the authorized representatives of E-Tenant may or may not be a member.
The Executive Council shall ratify the appointment of the arbitrator and subsequent constitution of an Open Tribunal.
Self interest is not bigger than the Union’s interest. To limit the corruption of information integrity which may be due to the bad actors seeping into the system as E-Tenant, it is important to provide provisions for mediation and arbitration through the Global Statutes: Open Tribunal.
(ii) Reappointment of arbitrator: In the event, that an arbitrator so appointed is unable to proceed with the arbitration proceedings for any reason whatsoever, this Observation Council shall appoint another single arbitrator in his/her/their place, who shall become entitled to proceed with the arbitration proceeding from the state at which his predecessor left it.
It is important to note that constitution of the Open Tribunal takes place from the Observation Council to which authorized representatives of E-Tenants may or may not be a member of, as consistent with the Article 2 above.
(iii) Governing Law(s) for Arbitration: The arbitration proceeding shall be governed by the provisions of the business laws in a jurisdiction where the Foundation has a Fiscal host and the E-Tenant is a Tax Resident.
For if an Institution is in European Economic Area, then the Danish Arbitration Act 2005 and any statutory amendments thereof, as the network has a Registered Agent or Fiscal Host in EEA
(iv) Location: The venue of arbitration shall be the registered office of the network's Registered Agent or Fiscal Host in the jurisdiction (where the Foundation has a Fiscal host and the Tenant is a Tax Resident)
and if, due to any reason, physical attendance of authorised representatives of both the parties and the appointed arbitrator is not possible, then the arbitration proceedings may take place via a recorded electronic communications system.
(v) Cost and binding arbitration: Any costs and fees other than attorney fees associated with the arbitration shall be shared equally by the disputing parties.
The award passed by the arbitrator shall be final and binding on the disputing parties.
Judgment upon the award rendered by the arbitrator(Open Tribunal) may be entered in any court with jurisdiction to do so.
7. GOVERNING PROVISIONS:
The Executive Council reserves the right to update the terms and conditions and policies of the network consistent with the legal interpretation of the Global Statutes from time to time, in compliance with the existing rules and regulations of the public association, including reserving the right to terminate the appointment of the Special Representative Appointee of the E-Tenant to the Observer's Council at any time, without notice and without the due electoral process of removal, explicitly when:
If the E-Tenant is found convicted of criminal, civil and financial crimes, in any court of competent jurisdiction, across the world, where the Foundation has an active presence, either through a legal body representation or an affiliate network(where the Foundation has a Fiscal host).