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Re: [mosig] [ossig] MOSIG: Formation of Company - Inaugural Meeting 17th July 2004
Hi Molly
Perhaps its time to create our own document from scratch, so there will
be no legal implications later...this new document will then be open
for free distribution
Cheers
Tze Meng
On Jul 16, 2004, at 05:28, Molly Cheah wrote:
> That's true because the document I provided is some other people's
> legal document. I didn't realise the implications of making that
> offer. I offered it in good faith to help out the process of the
> formation of MOSSIA and MOSSIA only. I didn't expect that the Open
> Source Community think that it should be their right to have it and
> also expect the document to be distributed to anyone as if it is a GPL
> document.
>
> The process I described was one that we have experienced when we
> formed the equivalent of MOSSIA almost 10 years ago. I was asked for a
> suggestion and I did but that need not be followed. I find it most
> useful to hear other people's experiences when I want to do similar
> things and its good to discuss things at the right forum, realising
> that everyone will have their intepretation of what constitutes the
> right forum.
>
> I guess I do have problems trying to gauge who I am discussing
> business processes with names like BIGrat, not knowing who she? he?
> or it? is.... :) No offence as I am in the medical field and anything
> is possible.. Maybe its my age too.
>
> Molly
>
> BIGrat wrote:
>
>> there appears to be some presense of paranoia ;-) and not to mention
>> too much of wood that hides the forest! ;-)
>>
>> On Thu, 15 Jul 2004 22:38:53 +0800, Tze-Meng Tan <tmtan@opensos.net>
>> wrote:
>>
>>> Hi Molly
>>>
>>> On Jul 14, 2004, at 14:07, Molly Cheah wrote:
>>>
>>>> I had explained the mechanism during the 1st meeting before it was
>>>> agreed that we work on the MOSSIG version of the Shareholders
>>>> collective agreement document. Here are the steps:
>>>>
>>> The first "meeting" was not a formal affair, it was very clearly
>>> termed
>>> a "brainstorming session" - the key point of that session was whether
>>> to form an association, company, co-op or whatever entity ...
>>> obviously
>>> company was chosen .... it was an *ideas* session, not a decision
>>> making meeting, thats what brainstorming means
>>>
>>> Anyway
>>>
>>> I was under the impression that during the first "brainstorming
>>> session" that someone would scan and OCR the document (thanks Jason)
>>> then the document is distributed to interested parties to read
>>> through
>>> and comment on. The WG was formed to start work on cleaning up the
>>> document - not finalise it for acceptance. It seems like anyone who
>>> couldn't make it to the first WG meeting is excluded from the process
>>> of creating this document, why, I mean thanks to the 5 of you who
>>> made
>>> the time for this but why exclude everyone else, its like there is
>>> something to hide, this is especially true when you are trying to get
>>> this document accepted by forcing it through a single meeting .... an
>>> *18* page legal document, not seen by the original WG, put up for
>>> acceptance in the very first meeting ? Does this make sense ?
>>>
>>>
>>>> 1. Acceptance of the content of the shareholders collective
>>>> agreement
>>>> document by those who want to buy shares into this company.
>>>>
>>> unless we look at the document, how are we going to accept it.....hmm
>>> .... I don't like the idea of rushing through the document on the
>>> 17th
>>> to reach an acceptance decision ... if anything it should be everyone
>>> attending take a copy back to study .... I for one want *my* lawyer
>>> to
>>> have to look through it since Legalese might as well be Greek to
>>> me...
>>> once my lawyer has given me the feedback, then and only then will I
>>> be
>>> in a position to accept or suggest changes or decline ... this need
>>> time, not during the 17th meeting ... sorry, no disrespect intended
>>> to
>>> Ammar's mum, (thanks btw), but I'm an Open Source Advocate .... More
>>> Eyes On The Code Means More Bugs Are Found, Better Code Can Be
>>> Written
>>> ... same principle applies to *any* document
>>>
>>>
>>>> 2. Incorporation of a RM2 company by 2 people. The company will
>>>> contain clauses which refers specifically to accepting others based
>>>> on
>>>> the collective agreement.
>>>>
>>> why is this step necessary, if on the 17th all 8 people agree why
>>> should we go for the minimum 2? This was not agreed on in the first
>>> brainstorming session, the meeting on the 17th was supposed to be the
>>> *real* meeting to decide on how to do, not the brainstorming session
>>>
>>>
>>>> 3. Those who want to buy shares into the company has to pay up and
>>>> commit by signing up in the signing page/schedule1 which will then
>>>> be
>>>> part of the collective agreement document.
>>>>
>>> yes but like I said, I want *my* lawyer to look at it first.
>>>
>>>
>>>> 4. An AGM is called and only those who had paid and signed up will
>>>> be
>>>> able to attend this shareholders meeting. The business of the AGM
>>>> will
>>>> include election of directors, incorporating the contents of the
>>>> agreement into the M&A of the RM2 company etc etc etc.
>>>>
>>> this is getting ahead, we haven't even formally decided on a course
>>> of
>>> action, I will repeat, ad nauseam if necessary, the first session
>>> was a
>>> brainstorming session
>>> no decision was made on details - especially when people were barred
>>> from attending the session for reasons unknown - from what I
>>> understand
>>> purely personal reasons
>>>
>>>
>>>
>>>
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>>>
>>>
>>>
>>
>>
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>>
>>
>
>
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