Proposal: Corporate Shares

[Kostemetsia]

THE ESUS SENATE,

CONCERNED that large blocks of shares in major consortia and corporations are being left unregulated when their holders are no longer able to perform their duties for whatever reason;

CONCERNED that this seriously impairs the operating efficiency of said major consortia and corporations, thus in turn impairing the operating efficiencies of national and international economic dynamics;

CONCERNED that there is no World Assembly resolution or Senate protocol to deal with this;

ORDAINING THAT:
1. For the purposes of this protocol, 'inability to regulate' consists of the following:
a) Severe, disabling physical injury of individual shareholder, as professionally diagnosed;
b) Severe, disabling mental imbalance in individual shareholder, as professionally diagnosed;
c) Confirmed death of individual shareholder;
d) Inappropriate shareholder individual or group administration of financial matters, including but not limited to individual or group marketing of consortium products under a non-consortium-owned brand name;
e) Shareholder individual or group cessation of service provision without appropriate notice, where 'cessation of service provision' or 'appropriate notice' may be defined at, in the case of a consortium, the largest shareholder's representative, OR, in the case of a single company, the chief executive officer;
2. For the purposes of this protocol, 'reclaiming procedure' consists of transferring an unable-to-regulate holder's shares to the next largest shareholder immediately upon proof of inability to regulate;
3. At the ratification of this protocol, ESUS law will begin requiring all ESUS members to initiate reclaiming procedure on holders displaying an inability to regulate, effective immediately;

HEREBY RATIFIES the ESUS Protocol on Corporate Share Reclaiming Procedures of 3002.

---

(OOC: I'm having a court case with TFU for laughs; since I'm taking him to an international court, and there's no international law to deal with this, I'm going to argue that ESUS law should apply, given that the majority of the factions involved are ESUS. As such, there needs to be an applicable ESUS law; please vote yea.)

[Telros]

So, backstory please? I don't really know what's going on here.

[Kanuckistan]

Kanuckistan votes against this proposal on the grounds that it is, in principal, an unacceptable transgression of national sovereignty, and in execution, absurd.

Specifically, in regards to the later, the most glaring flaws;
a) Severe, disabling physical injury of individual shareholder, as professionally diagnosed;
c) Confirmed death of individual shareholder;

-Neither necessarily impact one's ability to function in the necessary capacity, especially where representatives are employed to look after one's interests, especially where one might seek treatment to alleviate the former.

d) Inappropriate shareholder individual or group administration of financial matters, including but not limited to individual or group marketing of consortium products under a non-consortium-owned brand name;

-Would make illegal otherwise accepted ownership of, in part or whole, or participation with, entities engaged in the legal reselling of products, authorised or not.

-Additionally, the document lacks a proper definition of consortium, which could be exploited to seize companies selling their own products under their own brands, should they ever have participated in a consortium.

e) Shareholder individual or group cessation of service provision without appropriate notice, where 'cessation of service provision' or 'appropriate notice' may be defined [as], in the case of a consortium, the largest shareholder's representative, OR, in the case of a single company, the chief executive officer;

-Defines who might be expected to give 'appropriate notice', but fails to specify what actually constitutes it, or how it relates to the issue of regulation.


In conclusion, these matters are best addressed at the national level, or in an international court of arbitration agreed upon by the appropriate governments of those jurisdictions wherein the corporate or consortium assets are registered and/or operate.

OOC:
Then there's the whole, "violate the ESUS' founding principals for the sake of personal convenience" you tried with the...

"THE ESUS SENATE [...] HEREBY RATIFIES the ESUS Protocol on Corporate Share Reclaiming Procedures of 3002."

...bit, lacking a proper vote, which ain't gonna fly, on principal, and because this would have, ya know, profound and wide-reaching effects on other member nations.

Seriously. It might just be the facilitator for bit of RP to you, but it'd be a huge issue for, at least, most of the Kanuckistani business world, directly, and in principal, for most of my population.

[Kostemetsia]

OOC: Tel, the backstory is that TFU and I decided to have a court case, mostly for laughs, but also to deal with the disposition of what could be a rather profitable business working from former Cypriosphere territories

OOC: Kanuck, the basic idea of the resolution is that anyone who is unable to or will not appoint a representative but is themselves unable to carry out their duties is no longer entitled to possess shares. Also, there are several errors in the original which distort the intended meaning.

OOC: Also, the clause at the end about how 'THE ESUS SENATE hereby ratifies ...' only comes into effect if and when the protocol is passed, World Assembly-style. Should have made that more clear.

---

The Kostemetsian Diplomatic Service delegation to the ESUS Senate suggests the following:

a) If the government of Kanuckistan is opposed to this proposed protocol, an exception may easily be written in for the government of Kanuckistan.

b) Section d) includes the word 'inappropriate' for a reason - illegal reselling under this protocol is defined as what constitutes illegal reselling within Union member nations.

c) Section e) clearly states that only the person in charge, whoever that might be, is authorised to define 'appropriate notice' - and the intent of Section e) is, quite clearly, to make sure that a corporation may not simply assume it is allowed to reap benefits from a consortium without, in turn, providing services to that consortium.

[Solar Communes]

Suddenly a peculiar avatar emerges into the Senate to give his word... not his word, but indeed, the voices of thousands, like if it was not the manifestation of one, but of many, of what was known as the LOL HIVEMIND. Although anonymous, there was only one place of the known places of the multiverse where things like this could be considered to have originated, and as the speech proceeded, it would become even more obvious.

WE ARE ANONYMOUS, WE ARE LEGION

WE do not forgive corporations, for The Man is made of FAIL, and therefore, it's pointless to make laws to restrict something that The Establishment of civs where it exists always support. Government and corporates are allies, not enemies.

WE do not forget the past of capitalist exploitation and tyranny that once besieged our glorious universe, and thus considers any attempt to impose corporate control laws over every member of the Alliance without consulting about their economic system PLAIN STUPID.

WE REMEMBER everyone that there is no government or corporation in the Confederation of Solar Communes, nor a Xenu-worshipping Church of Scientology where you can cleanse your Thetans for two hundred bucks, and thus, although opposing it, isn't worried at all, and should ever laws be enacted that attempt to override the sovereignty of our people and to impose them a government, or laws in the first place, we will be the first to leave, and the last to return.

WE BREAK the Fourth Wall playing Warhammer 40k board games while traveling through Chaos.

WE CHARGE ur lazer

WE HERD u liek Mudkips

WE came here for the LULZ

WE will be back

And then, the avatar simply vanished, leaving behind a strange projection that had the shape of a replay command. Of course, what wasn't clear obvious was that clicking on it would lead to the display of the Nick Roll, where an extremely untalented singer dressed as a Naruto ninja Jedi for the GREAT NIPPON ^_^ performs "Diko Inu Assearaku, Givero Meiki Aboru Jobeiki", theme for the cheesy trash movie "Wapanese Klingons vs. Furries 5: The Fellatio Strikes Back".

[The Cerberus Alliance]

This appears to be a massive assault on the individual sovereignty of members of the ESUS, and we also do not feel that this is a measure that would be of much benefit to trade between member nations. Conflict with the sovereignty of member nations puts the proposal in conflict with article three of the ESUS constitution. We hold article three in high regard, so we must see valid justification for this intrusion. Unfortunately, that this has little benefit for trade means that those trying to justify its existence cannot hide behind article four, section one of the ESUS constitution. Also, the different economic systems employed by those who are members of this alliance means that this proposal is only attempting to control those nations that actually possess corporations and such, which means economic systems such as what Solar Communes claims to possess remain unrestricted while a completely free-market system would be receiving more restriction. Therefore, this proposal shows that it favors one economic system over another, and conflicts with section five of the constitution's fourth article.

With those thoughts in mind, the Protectorate of the Cerberus Alliance chooses to vote against this proposal. This should be an issue left for individual nations to handle, as any law on the alliance-wide scale would require enough exceptions for the nature and technologies of member nations that the law would be too ridden with loop-holes to do any good.

[Kostemetsia]

OOC: Obviously it was worth a try, but this won't go so well. Can someone find me another way of imposing majority law on TFU's ass without pushing it through the ESUS senate?

[Solar Communes]

OOC: Is TFU even allowed to see this thread? With a bit of bluffing, you might be able to pull it. It would be even better considering that it was based on a lie.

[The Mindset]

Metagaming is bad.

[Kanuckistan]

OOC: Obviously it was worth a try, but this won't go so well. Can someone find me another way of imposing majority law on TFU's ass without pushing it through the ESUS senate?

OOC:
How is your consortium organised? Where are it and it's member entities based? Who are the members and what do they control?