Re: hmmm

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Re: hmmm
by cm on Monday 29/Mar/2004, @05:31

>> If this e.V. was "gemeinnützig"
>>(don´t know a good english translation), and I think it is

> Non-profit. And it's not yet.

According to http://www.kde.org/areas/kde-ev/ it is:

"KDE e. V. is a registered non-profit organization that represents the KDE Project in legal and financial matters."

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Re: hmmm
by Anonymous on Monday 29/Mar/2004, @06:13

It's of course non-profit but not yet accepted as such by the financial authorities.

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Re: hmmm
by cm on Monday 29/Mar/2004, @22:17

Are you also talking about German financial authorities?

I thought they *were* accepted there:
From http://kde.org/areas/kde-ev/corporate/statutes-en.php :

3. Non-profit status of the association
The association pursues according to section 2 of the statutes exclusively and directly non-profit activities according to the section Tax Abatement of the Abgabenordnung (Paragraphs 51 AO). It is acting non-selfish and is not pursuing profit
[...]

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Re: hmmm
by Anonymous on Monday 29/Mar/2004, @23:17

> Are you also talking about German financial authorities?

Sure. Only the place where the association is registered matters.

> I thought they *were* accepted there:

Pursuance of one side is not equal with acceptance of the other side.

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Re: hmmm
by cm on Tuesday 30/Mar/2004, @07:20

You cannot register an association in Germany without a statute.
The statute of KDE e.V. states that KDE e.V. is a non-profit
association.
AFAIK *before* you register an association in Germany
that's supposed to be non-profit you have to consult
the financial authorities or you cannot register it with that statute.
That's part of the registration process...

How can the KDE e.V. be registered if its statute states false things?

IANAL, though, and of course something I stated may be wrong...
What am I missing?

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Re: hmmm
by Anonymous on Tuesday 30/Mar/2004, @09:01

> AFAIK *before* you register an association in Germany that's supposed to be non-profit you have to consult the financial authorities or you cannot register it with that statute.

You're wrong, and statutes can be changed. KDE e.V.'s initial statutes didn't met the requirements of the financial authorities so there were consultations with them what has to be changed and the statutes were voted in Nove Hrady. Sadly they're not active yet.

> How can the KDE e.V. be registered if its statute states false things?

Registration at court and acceptance by financial authorities are two different processes as they're two different entities.

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Re: hmmm
by cm on Tuesday 30/Mar/2004, @11:59

> KDE e.V.'s initial statutes didn't met the requirements of the financial
> authorities so there were consultations with them what has to be changed and
> the statutes were voted in Nove Hrady. Sadly they're not active yet.

Ah ok.

> Registration at court and acceptance by financial authorities are two
> different processes as they're two different entities.

Yes, of course, but I would still have expected the court to reject the
registration of an association that claims in its statute
to be non-profit but is not (yet) accepted by the
financial authorities... but I seem to be wrong.

Fscking legal stuff...

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Re: hmmm
by Eric Laffoon on Tuesday 30/Mar/2004, @12:23

> Fscking legal stuff...

Exactly! I don't know all the German statutes (though I believe the e.V. complies), but here in the US it's none too simple either. That's why it is expensive and complicated to set up. In partial justification, governments do need to make it's not easy to set up "the church of drinking beer" by mail and open a tax exempt bar in your garage. ;-)

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